Sexual Harassment

Sadly, sexual harassment in the workplace is all too common and very often goes unreported for several reasons. First, many employees being harassed do not realize that laws are being broken. Second, even if an employee knows that the law is being violated, she does not want to makes waves, may already feel humiliated and embarrassed, and would like to just "forget anything ever happened."

Sexual Harassment is a complex area of the law and it is advised that you seek legal representation if you find yourself being harassed in the workplace.

If you have a problem with or have witnessed sexual harassment in the workplace, chances are that there is other unlawful conduct going on.

The two types of sexual harassment in the workplace are "quid-pro-quo" and "hostile environment" and frequently when there is one type, there's often the other.

Quid-Pro-Quo Harassment takes place when the employer makes sex a prerequisite to getting something of value in the workplace. For example: "if you go out with me or sleep with me, you'll get the promotion" or, even worse, "sleep with me or your fired". This is obviously illegal.

Now, it is very different if there is just a consensual office affair with the boss.  In such a case, there is no claim.  Often, however, there may be a prior mutually consensual affair that later turns into "quid-pro-quo" or "hostile environment" harassment.

"Consent" is a potential problem in a sexual harassment case.  The "trade" in the workplace must be unwelcome.  If the employee was pleased with the trade-off, she will have a difficult case.

Many may not know this, but the person who accepts the offer of advancement in exchange for sex can sue for sexual harassment. This employee was either qualified and deserved the promotion or not. This employee should not have been put in such a position of deciding whether or not to sell her body.

To be successful in a sexual harassment case, the conduct must be "offensive." If two co-workers have a good time telling off color sexual jokes, it would not be sexual harassment in the workplace. If one employee persists in telling sexual jokes and the other employee found them offensive, it would be sexual harassment.

"Hostile environment" sexual harassment in the workplace is such a situation where another employee does or says things that make the victim feel uncomfortable because of his or her gender or sexual orientation. This type of harassment in the workplace must not include a demand for an exchange of sex or a demand for a date for a job benefit. It is simply the creation of an "uncomfortable environment."

It is not sexual harassment when two employees date and engage in consensual sex. But, if one of them wanted to end the relationship and the other used conditions of employment to further the relationship, this would be harassment.

Jokes, obscene pictures, inappropriate touching or groping, leering, unwelcomed requests for a date have all been found to be sexual harassment. Though it is a much less common case, sexual harassment in the workplace can be a female harassing a male.

An extremely or unduly sensitive individual might not be able to maintain a claim because his feelings of having been harassed and offended were not reasonable in relation to the alleged harassing conduct.

Sexual harassment victims can recover past lost wages, future lost wages, emotional distress, punitive damages, and attorneys fees.

For Legal Help in a sexual harassment case please call Atlanta, Georgia Attorney Charles McAleer of the McAleer Law Firm.  404-816-7374.