Sexual Harassment Lawyers

Practice Areas Employment Lawyers Sexual Harassment Lawyers

Brown, LLC litigates sexual harassment cases. Sexual harassment occurs when someone is subjected to unwanted advances at work which can create a hostile work environment. Other times it’s even more egregious and called quid pro quo where a boss is having sex with a subordinate employee and if they fail to give in the company disciplines, harasses or terminates the victim compounding the issue.

The law aggressively addresses sexual harassment and empowers individuals to step forward with the help of a sexual harassment law firm. We generally only handle very select sexual harassment lawsuits, and they often involve when there’s corroboration of the allegations, and egregious conduct. We may counsel you to try and send a demand letter to try and resolve the case first before court, but have found most of the significant results occur after commencing the action. Our sexual harassment lawyers often file these lawsuits under a Jane Doe or John Doe handle, to protect the name of the victim.

Examples of Sexual Harassment

Brown, LLC has had hundreds of millions of dollars in recoveries, but past results don’t guarantee future successes. Here is an example of some sexual harassment cases that resulted in significant recoveries for our plaintiffs. All cases either involve Brown, LLC and/or Jason T. Brown, the former FBI Special Agent at the helm of the firm working on the case:

Sexual Harassment Example 1: An employee was constantly referred to as the “C” word in writing and by her boss despite her requesting the conduct stop.

Sexual Harassment Example 2: The boss of an employee sent her a power point presentation with each slide progressively more graphic with the instructions that the employee had to fulfill each step for promotion at work.

Sexual Harassment Example 3: Despite the worker complaining that her boss was sexually harassing her and intimidating her, her boss took her aside and sexually assaulted her in the breakroom, resulting in his arrest.

Sexual Harassment Example 4: Two employees were having sex with their boss in the office and when they insisted on stopping they were harassed and forced to continue to have sex as a condition of employment. The employees were men and the boss was a woman, so in answer to a common question we receive, men can also unfortunately be the victims of sexual harassment.

When you have a lot built up into your life and career, facing sexual harassment at work is a traumatizing experience that can be deeply unsettling and confusing. At Brown, LLC, our sexual harassment lawyers can assist you with the sensitivities of this and go over your legal and functional options with you. Our team has a strong track record of advocating for those who have suffered harassment and will fight to make sure you receive the justice and compensation you deserve. We offer free, confidential consultations and are only paid if we win your case.

What Is Sexual Harassment?

Sexual harassment is a specific form of sex discrimination directly violating the protections under the Federal Civil Rights Act (CRA) passed in 1964 as well as various state laws. Title VII of the Act outlaws unwanted behavior directed towards individuals that affect a person’s employment, interfere with work, or create a hostile or intimidating work environment.

Sexual harassment can take many forms and includes both physical actions or verbal/written communication. Examples of sexual harassment include unwelcome sexual advances, requests for sexual favors, sexually charged or provocative talk, and actual physical contact.

Victims who experience sexual harassment can suffer from anxiety, depression, shame, and fear. The psychological toll can be as severe as the professional consequences, making it crucial for workplaces to take allegations seriously and foster an environment where such behavior is not tolerated. Congress has passed additional laws to hold harassers accountable. In the past some victims were forced to secretly arbitrate their claims, and now an employer can’t hold you to arbitrate. Certain states have additional statutes that prohibit sexual harassment, and they call for things like double or triple damages plus attorneys’ fees and costs. The Speak Out Act was signed into law on December 7, 2022 by President Biden and addresses many different components of sexual harassment litigation in a completely new manner, so you have a lot of latitude in handling claims without being forced into arbitration or silence.

What Does Sexual Harassment Look Like?

Sexual harassment in the workplace can come in various forms, from obvious actions to subtle behaviors that are initially unnoticed. Some examples include:

• Quid Pro Quo: A Latin term that translates into “this-for-that”. Quid pro quo advances can be the most egregious as they usually manifest as promises of employment or promotions that are conditioned on sexual demands from a superior.
• Obvious Sexual Advances: Unwanted propositions, flirtations, or requests for sexual activities.
• Physical Harassment: Unwelcome physical contact such as touching, patting, pinching, or brushing against someone’s body in a sexual manner falls under this category. It also includes physical assault or blocking someone’s movement.
• Visual Harassment: Displaying sexually explicit or suggestive materials, such as posters, photos, cartoons, or emails, contributes to a hostile work environment. This also encompasses leering or making sexual gestures.
• Verbal Harassment: Comments about a person’s body, sexual prowess, or sexual deficiencies are harassing. Telling sexual jokes, making lewd comments, and asking invasive personal questions about someone’s sex life or preferences also qualify.
• Cyber Harassment: Sexual harassment can occur via text messages, emails, social media, or other digital platforms. Sending unwelcome sexually explicit messages or images, or cyberstalking someone on social media, are all forms of harassment.
• Hostile Work Environment: Any action that sexually objectifies a person and creates a workplace that feels unsafe or unwelcoming.

Sexual harassment doesn’t always involve obvious behaviors. Harassment can be subtle, such as through gender-based insults or tactics to exclude other individuals. Harassment also does not have to be targeted towards a certain individual. Creating an environment that allows for jokes or slurs that encourage objectification can also be deemed as sexual harassment. However, the law does have some balance. In most work environments if the conduct could be construed as ambiguous or even if it’s directly harassing the business must be put on notice of the issue and have an opportunity to correct the conduct. Knowing what to report and when is critical so having a sexual harassment law firm in your corner early will assist with your case.

What is Considered Workplace Sexual Harassment?

Federal enforcement of sexual harassment is governed by the Equal Employment Opportunity Commission (EEOC). Under the EEOC, a violation of Title VII of the Civil Rights Act of 1964 applies to employers with fifteen (15) or more employees and can be either public or private entities. Per the EEOC, unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature all are considered sexual harassment when such conduct explicitly or implicitly affects an individual’s employment, unreasonably interferes with an individual’s work performance, or creates an intimidating, hostile, or offensive work environment.

The EEOC has specific circumstances to define what is considered workplace sexual harassment. These include (but are not limited to) the following:

• The victim does not have to be of the opposite sex. The victim and harasser may be of any gender or gender identity.
• The alleged harasser can be of various relations to the victim, including the victim’s supervisor, an agent of the employer, a supervisor in another area, a co-worker, or a non-employee.
• As noted above, the victim does not have to be the person specifically harassed. It can be anyone affected by the harassment conduct.
• With regards to damages, unlawful sexual harassment may occur without economic injury to, or discharge of the victim.
• The harasser’s conduct must be unwelcome (i.e., not consensual).

However, sexual harassment is not limited to federal law as many states have mechanisms to combat it.  Any conduct that seeks to inject sex into the workplace may be considered sexual harassment, but some may not be actionable and may depend on state versus state.  In the past many romances sprung from the workplace, but the issue is always what happens if the initially happy couple breaks up, or if the person asked out doesn’t want it but acquiesces because they feel it’s important for their job.

What Can I Do When I Witness Sexual Harassment?

Recognizing workplace sexual harassment can be easily identifiable, but knowing what to do can be challenging. While consulting with a legal professional can offer the best advice, some actions to consider include:

• Seek Legal Advice: An employment lawyer who focuses on sexual harassment cases can advise on the best course of action and provide you with an objective opinion on how best to address the sexual harassing behavior. Additionally, they may refer you to a state or federal organization that may require an official complaint filed within a certain period of time and other applicable deadlines in your circumstance.
• After obtaining legal advice, if Safe, Address the Behavior Directly: Telling the harasser that their behavior feels inappropriate and violates the workplace can be a direct course of action, but you should not address the harasser if you feel like they may put you in a further compromising position. However, even though the employer is not supposed to retaliate for reporting the conduct a lot of times the report will lead to retaliation.
• Support the Victim: If a co-worker is the individual being harassed and not yourself, offer your support privately and let them know you are available to talk or that you can assist them if they would like to report the incident. However, the more involved you become the more problems you might invite upon yourself, so the best advice you can give them is to speak with a qualified professional to go over their options.
• Document, Document, Document: Evidence is crucial if a “he-said, she-said” scenario is to occur. Writing down everything (including the perpetrator, date, time, location, what happened, and who was present) is important. One thing that particularly strengthens sexual harassment claims, is if there was a missed opportunity for management to correct the situation. If there was any such lapse in action by management, that is crucial to note to a sexual harassment attorney.
• Report the Harassment: Reporting the incident to a supervisor, HR, or the designated person in your organization can put the company on notice. Managers may be obligated to report any such behavior. However, as indicated reporting should be done after speaking with a sexual harassment law firm, as it may lead to work problems rather than solutions.

Damages in a Sexual Harassment Lawsuits

Sexual harassment may inflict profound and lasting damage, leaving victims emotionally scarred and workplaces disrupted. The fear of retaliation silences many victims, leading to a hostile work environment that compels some to resign, burdened by anxiety and emotional distress.

The damages for which you may receive compensation include:

Lost Wages and Benefits: If you were denied a promotion or a job opportunity due to rejecting sexual advances, you have the right to seek back-pay for the wages you would have earned. This also includes compensation for missed vacation and sick pay, bonuses, and other benefits like profit sharing or retirement contributions.

Front Pay: For individuals who lost their jobs or were forced out due to sexual harassment, front pay can be awarded. This compensation covers future earnings that would have been earned had the harassment not resulted in job loss, or if returning to the same workplace is impractical.

Pain and Suffering: Emotional suffering and distress caused by sexual harassment are significant factors in determining damages. The impact on your reputation due to a job loss (if applicable) and other associated costs related to your suffering may also be taken into account.

Punitive Damages: In certain cases, the court may order additional punitive damages to punish the defendant and deter future instances of misconduct. These damages are meant to serve as a warning against further unacceptable behavior.

Attorneys Fees and Costs:  If your case goes the distance or even at certain junctures, the employer may have to pay your attorney’s fees and costs.

Frequently Asked Questions about Sexual Harassment

I am being harassed by someone of the same sex. Is this sexual harassment?

Sexual harassment can occur between individuals of the same sex.

It’s important to note that the sexual orientation of either the harasser or the victim is not a decisive factor in such cases, as harassing conduct doesn’t have to be motivated by sexual desire. It can also stem from the harasser’s general hostility towards a particular sex or evidence indicating that the alleged harasser specifically targeted individuals of one sex.

Can men bring a sexual harassment claim?

Yes, sexual harassment can occur in scenarios where a male employee is targeted by someone of any sex. While the more common perception of sexual harassment involves a female employee facing harassment, male employees can also be subject to sexual harassment. Based on congressional findings, “81% of women and 43% of men have experienced some form of sexual harassment or assault throughout their lifetime.” (congress.gov)

The Equal Employment Opportunity Commission (EEOC), the government agency responsible for handling discrimination and harassment claims, has observed a significant increase in the number of harassment charges filed by men in recent years. More details can be found in the EEOC Harassment Charges report.

After I was harassed, I complained to the company, and it didn’t do anything. I’m still being harassed by my supervisor. What do I do now?

If the company didn’t do anything upon complaint, it probably never will until outside forces assist, which is all the more reason to hire sexual harassment counsel.

How Can a Sexual Harassment Lawyer Help?

Sexual harassment can be an isolating experience. Hiring a sexual harassment lawyer will assure you that you are not alone as firms like ours are here to talk through your experience and inform you of your options. An experienced lawyer can evaluate your case to determine the strengths of your case based on the facts and advise you on what the best course of action might be (negotiations, filing a complaint, proceeding to an actual lawsuit, demand letter, etc.). Lawyers will help to gather and present evidence in the best possible light and make sure its obtained lawfully and ethically). If your case proceeds to court, we will draft the complaint, go over it with you before filing, prepare you for what may and will occur and take the case to trial, while looking for opportunities to resolve it at a fair price along the way.

Brown, LLC handles sexual harassment litigation on a contingency basis, meaning we’re only paid if we win the case.

Litigating Sexual Harassment Claims

One of the challenges in litigating sexual harassment lawsuits is that oftentimes the victims think they’re alone, when, in fact they’re not, especially if they have a formidable legal team fighting for their rights. Also, oftentimes they’re not the only one harassed, that’s why when one person comes forward and complains about it, that often opens the floodgates for additional claims, and it’s discovered that the company was just covering things up. At Brown, LLC, we understand that these are often sensitive matters, and we offer free consultations regarding your rights. Speak with the sexual harassment lawyers at Brown, LLC to learn your rights by calling (877) 561-0000 or filling out our intake form.