An employer’s legal responsibility for sexual harassment is based on the position of the harasser in the workplace or company, as well as the type of alleged sexual harassment. You might be able to prove that you suffered sexual harassment at the workplace, but that does not necessarily mean that your employer is also liable.

Nevertheless, according to Philadelphia sexual harassment lawyers, any employer has the added responsibility of holding the other employees of his company, such as supervisors or co-workers, accountable for their involvement, behavior and actions relating to sexual harassment. It is illegal for any employer to overlook such a situation and refrain from taking the necessary remedial steps to solve the situation.

An employer or appropriate company official can be considered as the proxy of the employer such as a company’s president. As such individuals remain the employer for almost all intent and purposes, they are directly and legally responsible for any sexual harassment they individually commit.

Immediate supervisors: These individuals might not be sufficiently high enough to act as the employer’s proxy, although they are accorded direct authority over the victim or their employees. In such a scenario, the employer is generally held strictly liable for any sexual harassment committed by their immediate supervisors. You can find more information about this right here:

Quid pro quo harassment: This cover a couple of circumstances. One, if a supervisor even points toward an aspect where the employee will receive a raise or a job promotion for some sort of sexual favor. Also, if a manager tells an employee they will not get in trouble or even lose their job if they agreed to have sex with them. Finally, this could come into play if someone was hired based on the fact they may be willing to have sex with their supervisor and so on.

Hostile work environment: The employer is held strictly liable but might try to put forward an affirmative defense: he/she was reasonably careful in averting or quickly correcting sexually harassing behavior, but the employee unduly failed to invoke the company’s anti-discrimination policy, or otherwise reduce or avoid any harm done.

Other supervisors, co-workers, and customers: In fact, these persons are not the proxies of the employer, and as such do not wield any direct authority over the harassment victim. Thus the employer will not be made liable for the sexual harassment committed by these persons.

Hostile work environment: If an employer knew or should have known that such individuals were sexually harassing employees, and the employer failed to take action or reasonably act on their knowledge or any complaints, they may be liable for their negligence. There are Philadelphia sex harassment attorneys who make sure they do.


Behavior considered as sexual harassment

Sexual harassment varies according to the persons involved and the situation. Kinds of behavior that are counted as sexual harassment are as follows:

  • Unwelcome touching or sexual advances
  • Direct as well as indirect threats to indulge in sexual activity
  • Sexually offensive jokes or comments
  • Requests to obtain sexual favors
  • Bribe offers of sexual favors
  • Intentional touching or unwelcome brushing
  • Displays of sexually illicit materials or graphic content

Filing a complaint with EEOC

Once you have filed a complaint for sexual harassment with the EEOC, they will inform your employer of what you have done, and begin an investigation on the matter. In case the EEOC concludes that there is some truth in your complaints after the investigation, they will file a court case against the employer in a federal court. While the case is going on, your employer is barred from retaliating against you, as a result of the complaints you have filed.

Need for sexual harassment legal help

Filing a case against your employer can be tricky. Due the complexities involved in filing for sexual harassment against your employer, you need to battle tested and acute Philadelphia sex harassment lawyer to represent you in a court of law.

Do you think this problem will just go away? Do you think this is just a one-time occurrence? Probably not. This site was designed for you: . This website has some of the best sexual harassment lawyers around on it.