A Law Career

Sexual Harassment: What Constitutes A Claim?

by Ruby Mckinney

While many companies place strict guidelines outlining what constitutes a sexual harassment claim, this behavior is still prevalent in a plethora of industries. Employers have an obligation to protect their employees from unwanted advances from other co-workers. However, you still need to know exactly what constitutes an act of sexual harassment and what your rights are within the workplace. The following is some information to help you remain informed:

Different Categories of Sexual Harassment

You may think you have a valid claim for sexual harassment, but you need to be sure. There are different categories in which sexual harassment can fall. If you believe any of the categories apply to your experience, you need to contact both your employer and your attorney.

Unwanted Sexual Advances

One category is the obvious unwanted sexual advances. This refers to a range of behaviors from flirting with other co-workers to bribing co-workers with special perks in exchange for some form of sexual activity. If your potential claim falls into this category, it is particularly helpful to have some type of proof to help prove your case. Texts, voicemails, emails, and any other form of communication that can prove your case is vitally important. Additionally, if you were touched in a sexual way, request that any video footage be analyzed to help prove the behavior occurred.

Hostile Working Environment

A hostile working environment can also fall into the sexual harassment category. Most consider a hostile work environment in its own category of harassment, but it can refer to sexual harassment as well. The transmission of sexual or lewd images or sexual comments made to you can constitute a hostile working environment and lends well to a sexual harassment case.

Threats of Retaliation

If your co-worker threatens to retaliate against you in return for reporting his or her sexual behavior, this is certainly a case of sexual harassment. A threat can be of any type, from threatening to demote you to a physical act of violence. No matter what, this is not legal behavior, and you will have plenty of legal rights no matter what someone tries to threaten you with. Even if your attacker threatens your job, it is better to protect yourself by telling your boss and your attorney rather than someone else suffering the same fate.

If you have any experiences that may be acts of sexual harassment, you need to contact your sexual harassment attorney right away. If your employer does not do something about your claim, you have a good case for a lawsuit.