North Carolina reports over 1,000 workplace sexual harassment charges every year. While the number is concerning, it’s important to note that many cases are settled privately outside of court.
Nonetheless, if you are experiencing sexual harassment at your workplace, you should take immediate action. Nevertheless, if the situation seems out of control, you can also consider hiring a lawyer for legal guidance. You can easily find a lawyer by searching for a “sexual harassment lawyer near me” to get in touch with nearby professionals.
Laws against sexual harassment in the workplace
Federal and state laws prohibit sexual harassment. Workplace sexual harassment falls under the category of sexual discrimination and violates Title VII of the Civil Rights Act of 1964. Title VII applies to every employer with a minimum of 15 employees.
While sexual harassment can have various forms, quid pro quo harassment is the most often reported one. Quid pro quo harassment is when a senior asks a subordinate for sexual favors in exchange for a salary hike, promotion, favorable shift assignment, etc. Quid pro quo harassment causes tangible loss of job benefits due to rejection of sexual advances of a senior.
Features of sexual harassment law
The following are the main features of US workplace sexual harassment laws:-
- The plaintiff is required to file a charge with the EEOC (Equal Employment Opportunity Commission) within the given timeframe.
- Title VII covers all employees, including those working in the private sector. However, it does not cover independent contractors and co-owners.
- Most employers have a condition of private arbitration and non-disclosure of sexual harassment claim settlement as a condition of hire.
- Private-sector employers are required to carry out training to prevent and control workplace harassment.
- Title VII also forbids any retaliating action against an employee who has filed a complaint of sexual harassment.
Proving a claim of workplace sexual harassment
The plaintiffs, in the case of workplace sexual harassment, have the burden of proving their claims. While proving sexual harassment can be a little challenging, here’s what you can do:-
- Document every instance of sexual harassment, including the date, time, location, and description of what happened. Try to be very specific.
- Whether you have a witness or not, preserve every piece of evidence you can, such as text messages, emails, voicemails, etc. You can also capture screenshots of messages, posts, or screenshots.
- Report the incident to the Human Resources wing or directly to the owner.
- Ensure to cooperate with the investigation initiated by your employer and provide every information and evidence you have.
- If your employer fails to provide an effective solution or does not take suitable action against the harasser, you can proceed to file a formal complaint with the federal Equal Employment Opportunity Commission (EEOC).
- You can also consult a lawyer to seek guidance and the best course of action.
