Sexual harassment in the workplace remains a pervasive problem that affects workers across industries and job levels. When you experience unwanted sexual conduct that interferes with your ability to work, you have legal remedies available through federal and state anti-discrimination laws. Understanding your rights helps you take appropriate action to stop the harassment and recover compensation for the harm you've suffered.
What Constitutes Sexual Harassment
Sexual harassment includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that affects your employment. The law recognizes two primary forms. Quid pro quo harassment occurs when job benefits like hiring, promotion, or continued employment are conditioned on submitting to sexual demands. Hostile work environment harassment exists when sexual conduct is severe or pervasive enough to create an intimidating, offensive, or abusive working atmosphere.
Harassment can come from supervisors, coworkers, clients, or vendors. The harasser and victim can be of any gender, and harassment doesn't have to involve opposite-sex conduct. What matters is whether the conduct was unwelcome and whether it meets the legal standards for creating liability.
Documenting Harassment
Building a strong sexual harassment case requires documentation. Keep detailed records of every incident including dates, times, locations, what was said or done, and any witnesses present. Save text messages, emails, voicemails, and any written communications that demonstrate the harassment. This contemporaneous documentation proves invaluable if your case proceeds to investigation or litigation.
Report the harassment through proper channels, typically to human resources or a supervisor not involved in the harassment. Internal complaints create a record that you alerted the employer to the problem and give them the opportunity to remedy the situation. Many legal claims require showing that you reported harassment and the employer failed to respond appropriately.
Filing Claims and Legal Deadlines
Sexual harassment claims under federal law require filing a charge with the Equal Employment Opportunity Commission before filing a lawsuit. EEOC charges must generally be filed within 180 or 300 days of the harassment, depending on whether your state has a local fair employment agency. Missing these deadlines can forfeit your right to pursue federal claims.
State laws may provide additional protections and different deadlines. Many states have anti-harassment laws that cover smaller employers than federal law reaches and may offer more generous remedies. Consulting with an employment attorney helps ensure you preserve all available claims.
Potential Remedies
Successful sexual harassment plaintiffs can recover various forms of compensation. Back pay covers lost wages if you were terminated or forced to resign. Front pay compensates for future lost earnings when reinstatement isn't feasible. Compensatory damages address emotional distress, humiliation, and mental anguish. Punitive damages may be available when employer conduct was particularly egregious.
Non-monetary relief may include reinstatement to your position, promotion you were wrongfully denied, policy changes to prevent future harassment, and requirements that harassers receive discipline or training.
Protecting Against Retaliation
Federal and state laws prohibit employers from retaliating against employees who report sexual harassment or participate in harassment investigations. If you experience termination, demotion, unfavorable assignments, or other adverse actions after reporting harassment, you may have a retaliation claim separate from the underlying harassment. Retaliation claims can succeed even if the original harassment claim doesn't prevail.