Sexual harassment in the workplace is a legal offense and a serious problem that must be addressed. Therefore, if at any time you experience this unpleasant incident, you can file a sexual harassment in the workplace lawsuit to seek compensation for any losses you have suffered due to sexual harassment.
What is Sexual Harassment in the Workplace and What Does it Look Like?
In general, sexual harassment in the workplace is any sexually suggestive behavior in the workplace that can make you or someone else feel uncomfortable. In most cases, these acts of harassment include sexual jokes, mockery because of one’s gender identity, and even physical assault.
Moreover, sexual harassment in the workplace is unlawful under Title VII of the Civil Rights Act of 1964. This law under Title VII states that an employer shall not subject any person to sexual harassment without regard to sex, age, or sexual preference.
After all, sexual harassment is essentially an act that explicitly or implicitly impacts one’s employment. It can also unreasonably interfere with a person’s ability to perform his or her job in the workplace and may create an uncomfortable work environment.
In cases of sexual harassment, both the victim and the harasser can be male or female. Moreover, the harasser may be the victim’s supervisor, an agent of the employer, a colleague, or even a non-employee. The victim is not necessarily the person being harassed, but anyone who is affected by the offensive act.
So, what kind of behavior is considered as sexual harassment in the workplace? Check out some of the below points to figure it out!
- Physical acts of sexual violence
- Demands for sexual turns or Quid Pro Quo
- Verbal harassment of a sexual nature, such as unwarranted comments about your sexual conduct or sexual orientation
- Jokes that make fun of someone’s gender or sexual identity
- Unwanted physical advances
- Talking about sexual encounters or fantasies
- Sending sexually explicit photos, videos, text messages or emails
- Whistling or catcalling
Types of Sexual Harassment in the Workplace
Three types of sexual harassment often occur in the workplace and other places. They are verbal, physical, and visual. So, what are the definitions of these three types of sexual harassment? Find the answers in the points below.
1. Verbal Sexual Harassment
Verbal sexual harassment in the workplace involves inappropriate comments or jokes of a sexual nature to you. The perpetrator will make these remarks to you directly or even indirectly in your presence so that you feel uncomfortable.
2. Physical Sexual Harassment
Physical sexual harassment is committed by the perpetrator by making unwanted physical contact such as touching you or even taking the physical assault further. In addition, unwanted sexual advances also fall under the category of physical sexual harassment.
3. Visual Sexual Harassment
The last one is visual sexual harassment. This is a type of sexual harassment where the perpetrator sends you inappropriate photos or unwanted explicit messages that make you feel uncomfortable and disturbed.
How to Resolve Sexual Harassment in the Workplace Lawsuit?
You should know that most sexual harassment cases in the workplace do not go to a jury. Instead, they are mostly settled out of court. How so? That’s because most of the time, all parties involved want to avoid the time and costs associated with the legal process.
For the plaintiff or victim of harassment, these settlements of sexual harassment cases can assure monetary payments and other relief. Moreover, these out-of-court settlements can also help victims avoid feelings of trauma or embarrassment when giving statements in public.
As for the defendants of sexual harassment, company bosses, or harassers, most of them also do not want to risk their image by going to a public trial. Nevertheless, by going to court, their company is likely to receive a lot of press attention and public scrutiny.
4 Settlements of Sexual Harassment in the Workplace Lawsuit
There are several types of compensation or damages that you can get from a sexual harassment in the workplace lawsuit settlement. Below are the examples.
1. Back Pay
If you lost your job or were unlawfully terminated by your employer because of your sexual harassment report, then you are entitled to receive back pay. What is it? Back pay is compensation that refers to wages, bonuses, commissions, stock options, sick benefits, retirement benefits, also health and life insurance benefits.
2. Front Pay
Next up is front pay. This is a type of payment or compensation that you can get between the time of case settlement and your return to work. Usually, front pay is compensation that includes salary calculated based on your age, potential future salary from benefits, and seniority at your previous job.
3. Punitive Damages
Punitive damages are generally intended as a form of punishment for the actions of your employer for causing you harm. For example, if you can prove that your employer knew about the ongoing sexual harassment, but did nothing to prevent or address it, it may be considered willful.
In addition, federal law limits how much you can be compensated and compensatory damages, depending on how big your company is. The amount of damages is also calculated based on the number of employees in your company.
- For employers with 15-100 employees, the limit is $50,000.
- For employers with 101-200 employees, the limit is $100,000.
- For companies with 201-500 employees, the limit is $200,000.
- For companies with more than 500 employees, the limit is $300,000.
4. Attorneys’ Fees
In some cases, you may also be able to receive reimbursement for attorney fees. Most lawyers work on an emergency fee basis, which means they will not get paid unless their client wins. In other words, if you win a sexual harassment case, you are entitled to attorney’s fees and lawsuit costs which include filing fees.
Is It Necessary to Learn Sexual Harassment in the Workplace Lawsuit?
In conclusion, it is important to file a lawsuit if you are a victim of sexual harassment at your workplace. Apart from punishing the harasser, you can also get compensation for all the discomfort you felt while being harassed. The compensation you can receive includes back pay, front pay, punitive, and attorney fees.In addition, the settlement of sexual harassment in the workplace lawsuit can be highly challenging and intimidating. Therefore, if you are planning to file a sexual harassment lawsuit, you need an experienced sexual harassment employment lawyer. They will help you out.
