Although sexual harassment in the workplace is getting more national and global attention today, it still happens all too often. When workers feel as though they have been a victim of unlawful harassment, they can take legal action. To be successful, however, employees must satisfy certain legal requirements to prove their case. Simply stating that sexual harassment took place is not enough. Proving the harassment is typically the most difficult part of any case, but a Lancaster sexual harassment lawyer can help.
Both Title VII of the Civil Rights Act of 1964 and Ohio’s laws against discrimination recognize there are two primary types of sexual harassment that can occur in the workplace, quid pro quo and a hostile work environment. Quid pro quo sexual harassment occurs when an employee is advised that he or she will receive something in exchange for providing sexual favors. For example, a supervisor may tell an employee that he or she will receive a promotion or raise if the employee agrees to go out on a date or engage in sexual activity with the supervisor.
The second type of sexual harassment is known as a hostile work environment. To be considered a hostile work environment, inappropriate behavior must be pervasive or severe. When this type of sexual harassment occurs, a coworker may inappropriately touch someone else without permission and management knows about it but takes no action. Sexual jokes, explicit pictures, and sexual banter are other examples of behavior that may create a hostile work environment if it is pervasive or severe.
It is important to understand that managers and supervisors do not necessarily have to be the perpetrators of sexual harassment. If management is aware of the sexual harassment occurring in the workplace or is told about it and does nothing to stop it, they can be held liable.
To prove either type of sexual harassment, employees must show by a preponderance of the evidence that:
Reach out to an experienced attorney who understands sexual harassment in the workplace today for help.
If you feel as though you have been sexually harassed in the workplace, there is action you can take. You can file a complaint with the Ohio Civil Rights Commission or the Equal Employment Opportunity Commission. Before you file a claim with either agency, it is important to speak to a Lancaster sexual harassment lawyer. There may be an action you need to take beforehand, such as reporting the harassment to your supervisor or to Human Resources.
If you have been victimized at the workplace, call our sexual harassment attorneys at Marshall Forman & Schlein LLC. We will advise you on the proper steps to take and help you prove your claim to receive the compensation you deserve. Call us today or contact us online. We will evaluate your potential claim to learn more about what we can do to assist you.
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