Sexual Harassment

Sexual harassment in the workplace can make you feel uncomfortable, anxious, and even violated. In many cases, sexual harassment will have a negative impact on your work performance and even make going to your job every day something you dread.

Fortunately, sexual harassment is against the law. Title VII of the Civil Rights Act of 1964 prohibits workplace discrimination based on sex and sexual harassment is one form of this type of discrimination. In addition, there are state laws that also prohibit the same type of conduct. For this reason, victims of sexual harassment are often able to file a claim in order to recover compensation for the losses they experienced, including their lost wages, missed opportunities, and emotional distress. In some cases, there may be punitive damages available as well.

There is no comprehensive list of conduct that constitutes sexual harassment. It can be sexual in nature or involve making offensive comments about a person’s sex – for example, making disparaging comments about women in general to a female employee. Generally speaking, in order to rise to the level of harassment, conduct must fit into one of the following categories:

• The conduct affects a person’s employment, such as making employment conditional on the existence of a sexual relationship
• The conduct is frequent and severe enough that it results in a hostile work environment

Importantly, the law does not prohibit isolated incidents, teasing, or offensive comments that are not part of a larger pattern, so not every instance of offensive conduct related to sex will give rise to a sexual harassment claim. Furthermore, it is critical to understand that sexual harassment is just one form of sexual discrimination, so it is important for anyone who has been singled out because of their sex to speak to an attorney about their case.

If you think that you may have been subjected to sexual harassment at work, you may be wondering whether you need to speak to an attorney before filing a claim. While it is certainly legal for sexual harassment victims to represent themselves, there are many ways that a lawyer can help. These include the following:

• Determine whether you have a valid claim before you start the process
• File a claim with the appropriate agency (generally, you must obtain a “right to sue letter” before filing a lawsuit)
• Ensure that your employer does not take illegal retaliatory action against you after you file a claim
• Represent you in any hearings or legal proceedings that may occur
• Ensure that any settlement you accept sufficiently compensates you for your losses

If you have been subjected to offensive behavior at work and believe that you may have a claim for sexual harassment, you should speak to an attorney as soon as you can. Our lawyers have represented individuals affected by sexual harassment throughout Missouri and Illinois, including the Missouri counties of St. Louis, St. Charles, Lincoln, Jefferson, Franklin and Crawford, and the Illinois counties of Madison, St. Clair and Monroe.

To schedule a consultation with one of our lawyers, call Kilo Flynn today at 314-647-8910 or contact us online.