Sexual harassment at work is a hot-button issue these days. Every few months there’s a new story about a case against a politician or a large corporation. Some say people are too accepting of it. While others say people are seeing sexual harassment where there isn’t any. It’s hard to be sure if the workplace issues you’ve had are serious legal infractions or not.

Sexual harassment is a form of discrimination. Specifically it violates Title VII of the Civil Rights Act of 1964. This includes requests for sexual favors, and unwelcome sexual advances. It covers other verbal or physical conduct of a sexual nature. Sexual harassment effects an individual’s employment by interfering with work performance. Most of all, it creates an intimidating, hostile, or offensive work environment. The victim should use any employer complaint mechanism or grievance system available. Furthermore, you can also file criminal charges against the harasser.

The best way to stop sexual harassment in the workplace is prevention. First of all, employers should clearly communicate to employees. Sexual harassment is not something to tolerate. Secondly, there should be an effective complaint system in place. Employers who take harassment seriously act immediately and appropriately.

Do you feel you were a victim of sexual harassment? Please call us for a confidential consultation. Our attorneys can help you hold the responsible parties accountable for their harm. If we agree to accept your case, we will work on a contingent fee basis. Meaning we get payment for our services only if there is a monetary award or recovery of funds. Call The Law Offices of L. Clayton Burgess Today!

Offending Industries

Sexual harassment claims occur daily across all fields of business and industry. Many women struggle to manage gender biases they face in their jobs. The imbalance of power between male managers and female subordinates often make them a target for harassment and discrimination.

More than 1/4 of harassment claims come from from service and retail.

Females represent the majority of workers in the food service and accommodation industry. These jobs tend to fall on the lower paying end of the spectrum. Hotels and hospitality businesses, full service restaurants, bars, fast food restaurants, and coffee shops, etc account for the highest percentage of sexual harassment claims filed. 66% of female and 50% of male fast food workers report that they’ve experienced some form of sexual harassment from restaurant managers.

The retail industry is nearly as bad as the service industry. Businesses that have direct to consumer sales people are the second most offending industry. Retail establishments such as grocery stores, department stores, gift shops, gas stations, drug stores, etc also tend to be predominately low paying, staffed by women, managed by men.

What is (and isn’t) sexual harassment?

Legally speaking, there are two types of sexual harassment at workplaces. Both Federal law and Louisiana state law recognize “Quid Pro Quo” and “Hostile Environment”.

Quid Pro Quo is when sexual favors are a condition of continued employment. It can be from a supervisor or other employee with authority over you. Your boss might make it clear that your employment is dependent on you doing sexual favors for them. For example, whether or not you’re fired, hired, promoted, or getting a raise.

Hostile Environment creates an intimidating, hostile, or offensive work environment. As noted before, this covers verbal or physical conduct at a workplace. The harassment must be unwelcome and based on sex. Furthermore, the employer must have known of the harassment. And, they must have taken no action to resolve it.

Sexual harassment law isn’t meant to be a replacement for office conduct codes. Workplace banter, commentary, and jokes aren’t illegal. Nor are misunderstandings or isolated instances of poor behavior. To qualify for sexual harassment, workplace behavior must create a hostile work environment. It must also affect your ability to perform or succeed at work. In short, harassment is threatening, unwanted, and disrespectful.

Who does sexual harassment happen to?

Pop culture loves the trope of a female employee harassed by a manager. In reality, sexual harassment varies a lot from that image. Female employees harass male employees. Younger workers harass older workers. Sometimes employees of the same sex can harass each other. 

In workplaces where employees deal with customers, customers can sexually harass workers. According to EEOC statistics, 16.3% of sexual harassment complaints are from men. Sometimes what has happened to you doesn’t match popular ideas. But, that doesn’t mean it is not harassment. Sexual harassment at work is very prevalent and underreported. In 2016,  29.5% of Louisiana’s workplace discrimination charges were for sex discrimination.

Source:  EEOC Charge Receipts by State for 2016

What should I do if I’m sexually harassed?

Most industries take sexual harassment seriously these days.  A clear and effective sexual harassment policy should be in place. And, all workers should be aware of it. Even so, this is the ideal case and doesn’t always apply. If you find yourself harassed at work, here are a few things to keep in mind.

1. Make sure you say “no” to your harasser.  Let them know their behavior is unacceptable. Turn down offers of dates or meetings outside of the workplace. You should avoid sending mixed signals. Don’t flirt back or go along with the “joke”. Don’t expect that ignoring the bad behavior will cause it to stop.
   2. Keep records of the harassment.  Immediately begin documenting all incidents of harassment. Write down the time, place, date, and what happened, and if there were any witnesses. Don’t keep a copy of this log at work in case you are suddenly unable to return to your workplace.
   3. Inform friends and family that you trust what’s happening to you. Reach out to other coworkers. You may find that they have experienced the same treatment. Or, they saw similar behavior in the past. They will also count as witnesses that can back up your claims in a case.

A sexual harassment attorney from The Law Offices of L. Clayton Burgess fights for the client’s rights and helps to protect their emotional and mental well-being. Our sexual harassment attorney understands the trauma victims go through and ensures protection from a sexually hostile environment. All our sexual harassment attorneys serve victims of all types of sexual harassment. If you are looking for an efficient sexual harassment attorney then you are finally in the right place. Talk to our sexual harassment attorney to learn more about your legal rights. Also, all our sexual harassment attorneys represent victims on a contingency fee basis. Call now to book a FREE consultation.