Sexual Harassment Lawyers
Vigorously Protecting Employee Rights in Florida & Texas
Sexual harassment and sexual assault within the workplace are forms of sex discrimination; they are inexcusable, unlawful and should not be tolerated.
Examples of sexual harassment include:
- Unwanted advances or propositions
- Inappropriate jokes, comments, or slurs of a sexual nature
- Sexually suggestive emails, messages, or images
- Display of explicit materials
- Physical contact or touching without consent
Sexual harassment can occur to either sex by the same or opposite sex. The harasser can be a supervisor, agent of the employer, co-worker, or non-employee.
Quid Pro Quo Harassment
Quid pro quo sexual harassment in the workplace is when employment decisions are based on whether an employee acquiesces to or rejects unwelcome sexual conduct by an individual in a supervisory position.
This can mean you have received a negative employment action for refusing to engage in a “sexual act” with your supervisor or you have been offered an employment related benefit in exchange for engaging in a “sexual act” with your supervisor.
Company Defense to Supervisor Harassment
The company can be held vicariously liable if you have been sexually harassed by your supervisor and have either:
- Suffered an adverse employment action; or
- Reported the conduct to the company through the appropriate channels if the company failed to take remedial action to prevent and correct your supervisor’s conduct.
If you have not suffered an adverse employment action and you have not reported the sexual harassment of your supervisor, the company can escape liability by demonstrating the following:
- The company has policies and procedures in place for employees to report sexual harassment; and
- The person being harassed failed to take advantage of those avenues and did not report the conduct.
For this reason, if you are being sexually harassed in the workplace it is important that you report the behavior using the Company’s reporting procedures to the appropriate person or persons. Typically, this would be Human Resources but for smaller companies could be a person in management or an executive. Either way, you should consult with an experienced employment attorney who can advise you of how to proceed.
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