While sexual harassment can happen to both men and women, it is often women who are the victims of this in the workplace. Sexual harassment is a form of gender discrimination, and it is illegal under Ohio employment laws and Title VII of the Civil Rights Act of 1964. When anyone is sexually harassed in the workplace, it may lead to not only emotional distress, but financial losses, too. Victims may have to take unpaid leave because they cannot face their harasser every day, or they may be denied a promotion for refusing sexual favors.
Unfortunately, many victims of sexual harassment do not report it. It is important that all employees in Ohio know they can take action, and that a sexual harassment lawyer in Delaware County can help.
Quid pro quo is a Latin term that means, “This for that.” Quid pro quo sexual harassment refers to an employer offering something of value in exchange for sexual favors. For example, an employer may offer an employee a raise if they go out on a date with the employer and engage in sexual activity. Or, an employee might be offered more hours if he or she is willing to send the employer intimate pictures.
Many think that if an employer is asking for sexual favors, quid pro quo sexual harassment would be obvious. However, it can also be indirect and subtle. For example, an employer may never outright ask an employee for a sexual favor, but they may only give raises to employees who agree to engage in sexual acts with them.
An employee works in a sexually hostile work environment when the harassment is so severe or pervasive that it interferes with his or her ability to work. This harassment can take the form of verbal, physical, or visual harassment.
Proving that an employee works in a sexually hostile work environment is usually not easy. Courts determine if the environment is sexually hostile on a case by case basis. The factors they take into consideration include, but are not limited to, the severity of the conduct, and how often it occurs. The courts will also consider whether the conduct is threatening to the employee and the extent that it is interfering with his or her ability to perform the job.
Typically, courts will not deem one occurrence of harassment enough to constitute a sexually hostile work environment. The exception to this is if the misconduct was severe, such as rape, sexual assault, or other forms of physical contact.
If you have been the victim of sexual harassment at your place of employment, it is important you speak to a sexual harassment lawyer in Delaware County. Marshall Forman & Schlein LLC can help you determine the type of evidence needed to show that the harassment occurred and help hold your employer accountable for their actions. We will also help you recover any compensation you may legally be entitled to receive such as front or back pay, or financial losses due to a denied promotion. You do not have to live with sexual harassment or take on your employer on your own. Our attorneys are here to help, so call us today.
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