Victims of sexual harassment in all states are protected by Title VII of the Civil Rights Act of 1964, which prohibits workplace discrimination based on sex, including sexual harassment. This act, however, applies only to employers with more than 15 employees which means that in Idaho, many victims of sexual harassment have relied on protection from the state-level Idaho Human Rights Act.
The Idaho Human Rights Act prohibits employers from discriminating against applicants or employees based on sex, including sexual harassment. This law applies to all employers in the public and private sector, and also to subcontractors from out of state working in Idaho.
If you’ve been the victim of sexual harassment in the workplace, know that you may be entitled to compensation under laws at both state and federal levels. Having an experienced sexual harassment attorney in Idaho is the best way to navigate the often confusing and difficult legal system, so get in touch with one as soon as you can.
Defining Sexual Harassment
When auditing a claim of sexual harassment, Idaho’s courts will use the standards set in Title VII of the Civil Rights Act of 1964 to determine the legitimacy of a claim. Since the workplace is a socially dynamic place, many claims of sexual harassment can sound anecdotal or circumstantial. For the most part, there are two main types of sexual harassment accusations:
“Quid Pro Quo” sexual harassment where an employer or high ranking employee tries to exchange a job benefit like a pay raise or promotion, for sex or sexual favors. Evidence of quid pro quo sexual harassment might be:
- Getting a demoted after turning down the offer
- Someone else less qualified getting a promotion after you turned down the offer
- Emails, text messages, or witness testimonials
The other main scenario of sexual harassment is known as “hostile work environment” sexual harassment. These cases can come in many different forms but some common cases are when the victim is subject to:
- Unwanted sexual advances; Touching, patting, groping, or more explicit forms of sexual assault
- Stalking; following someone around or waiting by their car after work, spamming their phone, etc.
- Rude comments or insults, whether verbal or written.
- Exposing someone to sexualized photos
Beginning the legal process
Anyone who feels they’ve been sexually harassed in the workplace needs to file a claim with the Idaho Human Rights Commission (IHRC), or the federal body Equal Employment Opportunity Commission (EEOC). Your attorney can guide you through either institution depending on your cases.
Are you in need of assistance with a sexual harassment lawsuit?
All sexual harassment claims must be submitted within 300 days to the EEOC, and the process is sometimes slow and confusing. If you need help with a sexual harassment claim, get in touch with one of the many experienced attorneys waiting to speak with you here in Idaho, from Boise to Belmont.