Sexual harassment accusations are on the rise in the workplace in Arizona and throughout the country. However, an accusation of sexual harassment does not necessarily mean that sexual harassment has occurred.
In many cases, employees and their bosses are unaware of the precise legal definition of sexual harassment. The result is either the reporting of incidents that are not sexual harassment or the failure to report an actual incident of sexual harassment. In both cases, an experienced attorney is greatly beneficial to avoid costly confusion.
The Elements of Sexual Harassment
The term “sexual harassment” is bandied about a lot and is often used to describe all manner of instances that may be sexually harassing but are not legally considered sexual harassment. The legal allegation of sexual harassment has specific elements to it.
Unwelcome Sexual Conduct for Employment of Benefits
One way that sexual harassment occurs is when an employer or manager implicitly or explicitly engages in unwanted sexual behavior toward an employee in exchange for a job or a job benefit, such as a promotion. The following types of behavior count as sexual conduct:
- Inappropriate touching
- Requesting sexual favors
- Making explicit gestures
- Sexting
- Stalking
- Discussing sexual acts
Consider an employee up for promotion. If their manager implies that the employee will be passed over for not consenting to sexual advances and passes them over, the employee likely has a valid case of sexual harassment.
However, the employee’s sexual harassment attorney will have to prove that the employee was passed over for not consenting to the sexual conduct and not for some other reason.
Hostile Work Environment
Sexual harassment also occurs when an employee finds themself in a hostile work environment. A hostile work environment in the context of sexual harassment exists when hostile sexual behavior occurs on a consistent and continual basis.
What is hostile behavior? It is behavior that a reasonable person would find intimidating, offensive, or hostile, such as:
- Suggestive comments
- Sexual jokes
- Gender jokes and discrimination
- Sharing sexual information
- Sexual advances
- Unwanted touching
- Sexually harassing texts, emails, and social media posts
- Sexual signs, drawings, flyers, or posters
The key to sexual harassment claims is that the conduct must be pervasive or ongoing. It must occur with regularity and on a continual basis, which means single instances of unwanted sexual behavior are not considered sexual harassment unless they impact employment or an employment benefit.
Legal Recourse for Sexual Harassment
Sexual harassment claims can be brought at both the state and federal levels. Federally, victims of sexual harassment can file a complaint with the Equal Employment Opportunity Commission (EEOC).
They may also sue for damages under Title VII of the Civil Rights Act of 1964 if they work at a job with 15 or more employees. For victims employed at jobs with less than 15 employees, the Arizona Civil Rights Act makes damages available at the state level.
Lawsuits are typically brought against the employer. However, in certain cases, fellow employees may also be sued. For example, if an employee engages in improper touching on a repeated and regular basis and compensable losses result, the employee can be sued for personal injury.
What You Can Do About Sexual Harassment
If you find yourself facing sexual harassment in the workplace, there are a few steps you should take to protect yourself and your rights.
Report the Harassment
Reporting the harassment to your supervisors and HR is crucial because it puts the company on notice. The report should be written out so a paper trail exists. The company must then investigate the claim thoroughly for the protection of the employee.
Document and Save Everything
Document as much of the harassing behavior as possible, making sure to include time, date, and location details with every incident. Additionally, include the names of all those present during each of the instances of unwanted sexual behavior.
Call an Attorney
Reach out to an experienced attorney to help you deal with the harassment. During difficult times such as these, individual employees need an advocate to help them get the justice they deserve. Conversely, employers facing sexual harassment lawsuits need a robust defense.
Ernst Brown Draper Can Help
If you are dealing with a sexual harassment issue as an employee or a business operator, you are strongly recommended to seek experienced legal counsel as soon as possible to safeguard your rights. Contact Ernst Brown Draper to discuss your case and learn what options you may have moving forward.
