Improving the justice system is a never-ending battle, and some states have gone further in that battle than others. When it comes to sexual harassment, most states are protected by laws at both the federal and state level. At the federal level, all states are protected by Title VII of the Civil Rights Act of 1964, which prohibits all discrimination in the workplace, and sexual harassment falls under this umbrella.
However, Title VII has limitations for victims, most notably the fact that it only applies to companies with 15 or more employees. This poses a problem for the state of Alabama, which doesn’t have any laws at the state level that specifically prohibit discrimination based on sex or sexual harassment in the workplace.
So if you’ve been the victim of sexual harassment in Alabama, whether you’re in Montgomery or Mobile, know that an experienced attorney is your best bet at navigating Alabama’s somewhat clunky justice system.
How sexual harassment lawsuits work in Alabama
In the Cotton State, victims of sexual harassment have 180 days to file a complaint with the Equal Employment Opportunity Commission (EEOC). Upon review of your case, the EEOC may ask you to participate in an investigation before granting you the “right to sue.”
This process can be confusing but a seasoned attorney showing you the ropes can make a big difference and raise your chances of winning your case.
Winning your case
Winning your case depends on the story and the evidence; The more compelling the better. Trying to sue someone for sexual harassment because they made a nonsexual compliment, asked you out on a date, or made suggestive eye contact with you will not have a good chance at convincing the judge or jury.
If a sexual harassment claim is taken seriously, it’s because it falls under the two main categories, which are:
- “Hostile work environment,” whereby a victim is subject to unwanted sexual advances, rude comments, or pictures.
- “Quid-pro-quo” sexual harassment whereby a victim is subject to a sexual bribe, for example, an employer or high-ranking employee offering a promotion or pay raise in exchange for sexual favors.
A victim must also prove that they reported the incident to the company. Once it is proven that the company did nothing about it or contradicted its protocols on dealing with these situations, a lawsuit can start to gain traction.
Compensation for sexual harassment can include:
- Back pay
- Front pay
- Punitive damages
- Compensatory damages
- Being rehired/reinstated
- Attorney fees
Are you involved with a sexual harassment lawsuit in Alabama?
Even though Alabama doesn’t have the strictest laws when it comes to sexual harassment, perpetrators are still routinely brought to justice, and a good attorney will make all the difference. If you need help with a sexual harassment lawsuit, attorneys all across Alabama are waiting to talk to you.
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