If you have experienced sexual harassment at work, contact an experienced sexual harassment lawyer.
Brown, LLC has successfully represented people who encountered sexual harassment at work and can help you with your case. We are, however, very selective about the cases we take, but can offer a free, confidential consultation to see if we can assist you.
What Is Sexual Harassment?
Sexual harassment is unwanted behavior directed at you that is because of your physical attributes. Sexual harassment can take many forms such as unwelcome sexual advances, requests for sexual favors, sexually charged or provocative talk or even actual physical contact. The most egregious type of sexual harassment is quid pro quo which is a latin term which means this for that. From a sexual harassment perspective, it means conditioning terms of employment upon sexual demands.
How Can a Sexual Harassment Lawyer Help?
A Sexual Harassment Lawyer can in some sense comfort you because they can share with you that you’re not alone, that others were in the same situation you are and talk you through what happened in the past and inform you of your options even if you don’t retain the firm. Law firms like ours will only handle the matter on a contingency basis, meaning we’re only paid if we win the case, but we can let you know what are possible ranges of recovery if you want to put the company on notice or file a suit and other possible trajectories for the case. Speaking of putting the company on notice, even though the harasser may be personally liable, unless the company is held liable, then it may be hard to have an economic recovery. However, putting the company on notice should be done delicately – the company has the benefit of an attorney, so you should as well. Even if there’s not an economic recovery, by putting the company on notice they could hold the harasser accountable or help stop the harassing and if they fail to do so after proper notice and the conduct persists, it may go to show that they are liable.
Damages in a Sexual Harassment Lawsuit
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 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.
Examples of conduct that may constitute sexual harassment include:
Verbal or written conduct – This encompasses comments about one’s clothing, personal behavior, or body; sexual jokes; repeated requests for sexual favors or dates; sexual innuendos; spreading rumors about personal or sexual life; or conditioning sexual acts as a condition of employment.
Physical conduct – This involves actions such as non-consensual activities or assault; inappropriate touching of the body or clothing; and unwanted acts like kissing, hugging, patting, or stroking.
Nonverbal conduct – This includes making derogatory gestures or expressions of a sexual nature; and engaging in actions like following or stalking.
It’s essential to note that these examples are not an exhaustive list, and other behaviors with a sexual nature may also qualify as sexual harassment if they meet the criteria of being unwelcome and either severe or pervasive.
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 the sole 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
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?
It depends. If the previous complaint was not investigated, return to the person or department and inquire why. Provide new information about the harassment. Make it clear that you expect the company to investigate. If the prior complaint was investigated but no action was taken, find out why and seek details from witnesses or the company. If the harassment persists, consider consulting an attorney to explore legal options based on the circumstances.
If you feel like you had to endure or are enduring sexual harassment please call our law firm at (877) 561-0000 for a free confidential consultation to learn your rights.
Casting Couch Sexual Harassment
In legal terms there are generally two types of sexual harassment. The first is a hostile environment. This type of sexual harassment is often difficult to prove with there being battles of who said what to whom, how was management on notice, did the victim participate in the harassment and a host of other factors.
The second type of sexual harassment is called Quid Pro Quo, which means this for that. The trading of sexual favors for advancement at work, keeping one’s job, or hiring are clear violations of the law and the proofs are easy to establish. The concept of the Hollywood casting couch actually pre-dates Hollywood and originated in New York City with Broadway, where unscrupulous producers used their power to coerce sex as a condition of employment. Then came the roaring 20’s in Hollywood where the practice started and, despite decades of sexual harassment training for practically every other profession, somehow Hollywood missed the memo that this was prohibited.
Hollywood Harassment on the Casting Couch
Sexual Harassment is prohibited. Conditioning sex as prerequisite for employment or continued employment is forbidden. Someone would have to have their blinders on to not know that impermissible, uninvited sexual overtures in the workplace can lead to massive sexual harassment settlements and verdicts. However, Hollywood lives by the rules of do as they say, not as they do. Then again, in some of the movies they do and say many of a thing that just does not comport with reality. How did sexual harassment in Hollywood become so pervasive? From the exposé on Harvey Weinstein, to the alleged pedophilia exploitation of minors involving Corey Feldman, how did such a culture of enabling sexual predators persist?
Litigating Sexual Harassment Claims
One of the challenges in litigating sexual harassment lawsuits is that oftentimes the victims thinks it only happened to them. That’s why when one person comes forth and complains about it often opens the floodgates of claims as others are emboldened by courage and it’s contagious. At Brown, LLC we understand that these are often sensitive matters and we offer free consultations regarding different paths and litigation options you can have that may range from filing suit to keeping it confidential. We are very selective in the cases we bring, but if we can’t take your case we can certainly evaluate it for you and suggest someone else that might be able to assist.