“Sexual harassment” is a form of sex discrimination in which an employee is subjected to unwelcome behavior because of his or her sex. Examples of sexual harassment include unwelcome sexual advances, requests for sexual favors, or verbal or physical conduct of a sexual nature. Employers may not make employment decisions such as termination, demotion, or compensation based on an employee’s submission or rejection of sexual conduct. Employers also may not permit or engage in severe or pervasive sexual conduct that creates an intimidating, hostile, or offensive work environment. Further, employers may not retaliate against employees who complain about sexual harassment and they have an obligation to prevent and remedy workplace harassment.
The law does not clearly define what specific conduct rises to the level of sexual harassment. Whether particular workplace conduct constitutes sexual harassment will depend on the circumstances of each case, including whether the conduct is unwelcome, how severe or pervasive the conduct is, and who the harasser is. In some circumstances, the harassed employee must inform the employer of the harassment in order to hold the company legally responsible. Because sexual harassment cases involve such a fact-specific analysis, it is important to talk to an attorney as soon as you suspect you may be experiencing workplace sexual harassment.
If you believe you may be experiencing sexual harassment, your employer is retaliating against you for reporting sexual harassment, or your employer is failing to prevent and remedy sexual harassment, you need employment law specialists on your side. Sarnoff +Sarnoff is committed to advancing employee rights and bringing to justice any employer that engages in, encourages, or fails to prevent sexual harassment and retaliation in the workplace. Give us a callat (213) 536-4236, send us an email at firstname.lastname@example.org, or fill out our case evaluation form to find out whether your rights have been violated and if we can help.