What is the legal definition of sexual harassment?
There are many kinds of conduct that define sexual harassment. It’s typically not one single incident; to prove your claim of sexual harassment there must have been systematic and pervasive behaviors that are meant to intimidate or threaten, and they have to be egregious enough to cause a hostile work environment.
Some behaviors that a sexual harasser might engage in include things like sexual innuendos, non-consensual touching, explicit or pornographic images, unwelcome sexual advances and derogatory remarks and comments that make you feel uncomfortable. To prove that it is a hostile environment, you must also be able to show that any reasonable person would find the misconduct offensive. The concept of a “reasonable person” is a legal term, which means that if anyone were in the same situation as you, they would feel offended in the same manner.
Another way that someone can harass you is if they hold a position of authority or power over your work advancement, and they ask for a sexual act or request in exchange for promotion or some perk in the workplace. Similarly, it can also involve someone asking for a sexual act or favor and either explicitly or implicitly making it known that if you don’t comply, you can face negative consequences in your work advancement, such as getting a poor review or even being terminated. If your supervisor is threatening or enticing through sexual favors, that is considered “quid pro quo.”
Steps you can take
Most of the time sexual harassment is not reported because an employee is fearful of retaliation by their supervisor or employer. But retaliation for filing a sexual harassment claim is strictly prohibited by law. If you are worried about the ways that letting your harassment be known could affect your work status, it is imperative that you hire a Louisiana sexual harassment lawyer to make sure that you are protected and that you take the appropriate steps to make the harassment stop.
The first thing that you have to do is make your harasser aware that their behavior is making you uncomfortable. You also have to follow the guidelines outlined by your HR department, if applicable. Next, you will want to hire a Louisiana sexual harassment attorney to represent you. They can help guide you through the process of filing a sexual harassment claim at the state and federal levels by filing a claim through the Equal Opportunities Employment Commission.
In some cases you can hold your employer liable for any compensatory and punitive damages if you can prove they knew about the harassment and did nothing to improve the situation. The best way to plead a winning case is by contacting a louisiana sexual harassment lawyer through USAttorneys.com to guide you through your suit. Get in touch with an experienced louisiana sexual harassment attorney today to see if you have legal grounds to sue your employer to make the harassment stop.
