If an employee is being sexually harassed outside of work by an employer, can a complaint still be filed in Tennessee?

If an employer waits until an employee has left their workplace to sexually harass them, the employee is still legally permitted to file a complaint against them. Behavior that would constitute as sexual harassment includes:

• Sending sexually explicit text messages or videos.
• Making sexual advances outside of the workplace. This may happen if an employer shows up at places an employee often goes to.
• Pressuring an employee via email, text, or over social media to engage in sexual relations with them.
• Threatening an employee outside of work to demote or fire them, or overburden them with work if they refuse an employer’s request for sexual favors.

Although sexual harassment involving an employer might occur outside of the workplace, it can still create a hostile or offensive work environment for an employee to work in, especially when they are required to work around their harasser. And because the U.S. Equal Employment Opportunity Commission (EEOC) defines sexual harassment as behavior of a sexual nature or that is offensive to someone of a certain sex that creates a hostile or offensive environment to work in, the harasser can be reported even if they wait to do it after work hours.

Who should sexual harassment be reported to if it occurs at work or outside of the workplace?

According to the Tennessee Department of Human Resources, an employee can report a sexual harassment incident to the following:

• Their department’s human resources (HR) director
• Their department head
• Their supervisor
• An individual within the company who has been designated to handle sexual harassment complaints.

If an employee does not have anyone they can report their incident to or doesn’t feel comfortable with bringing their complaints to any of the following individuals listed above, they can contact the Tennessee Department of Human Resources, Office of General Counsel, EEO Division at [email protected] to report it.

When should an employee contact a Tennessee sexual harassment lawyer?

A victim of workplace sexual harassment is free to contact a sexual harassment attorney at any time. In fact, it might even benefit them to do so after an incident has occurred as a lawyer is going to take the time to help them understand their legal rights. In addition, a lawyer will also explain to an employee what laws they are protected by and how those can be used to help them hold a harasser liable for subjecting them to offensive or inappropriate behavior.

It is also a good idea for an employee to contact a Tennessee sexual harassment attorney if they are looking to file a civil lawsuit against their employer in an effort to recover financial relief. Some of the types of financial relief (i.e. damages) an employee may be awarded if they have a viable case against their employer include:

• Mental anguish
• Back pay
• Embarrassment
• Medical expenses if the harassment has led to them having to seek medical treatment for their physical or mental health.

If an employee would like to be connected with a TN sexual harassment lawyer in Nashville, Memphis, Knoxville, or any other city within the state, they can always contact USAttorneys.com for assistance with this.