Sexual Harassment in the Workplace
It is an unfortunate reality that sexual harassment exists in many work environments. Statistics have shown that aproximately 72% of workplace sexual harassment goes un-reported. Perpetrators of this abuse should not be allowed to escape accountability for their actions. Victims of workplace sexual harassment have potential claims that can be raised to hold abusers, and the companies that allow this abuse to continue, liable for their actions.
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Courts have recognized two types of sexual harassment:
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Quid Pro Quo: These situations involve an exchange of sexual services for employment gains (promotions, raises, etc.) or avoidance of a loss (demotion, reduction in pay, termination, etc.).
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Hostile Work Environment: When sexual harassment in the workplace creates an intimidating environment, it is referred to as a hostile work environment.
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To qualify as a potential claim, courts will consider whether you were subjected to verbal or physical conduct which was so severe or sufficiently pervasive as to alter the conditions of employment or create an abusive working environment. There would need to be facts showing that the hostile environment had risent to a level where it:
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unreasonably interfered with your work performance; or
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created an intimidating, hostile, or offenseive working environment.
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A claim for emotional distress may also necessitate an evaluation on the intensity and duration of the distress caused by the hostile environment. The courts will consider the type of mental suffering, anguish, mental or nervous shock, as well as "all highly unpleasent mental reactions," for example:
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horror;
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grief;
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shame;
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humiliation;
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embarassment;
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anger;
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dissapointment;
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worry; and/or
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nausea.
The unfortunate reality is that sexual harassment in our workplaces is common and goes unreported. If you feel that you are a victim of this abuse, please consider contacting the Sapolu Law Office to schedule a free case evaluation. This office can take legal action to protect victims and punish unlawful behavior by employers.
What can you do?
Sexual assault is a very serious and very real crime. If you are the victim of sexual assault, you are strongly urged to contact local law enforcement immediately.
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If you've identified that the hostile work environment is based on misconduct relating to sexual harassment or a protected category, then you should take steps to have your company address the issue.
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Compliance with Internal Policy:
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Follow the company's internal protocols for submitting complaints;
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Make sure that your complaint is submitted in writing;
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Your written complaint should be worded as polite as can be (avoid lashing out), and it should contain as much details as possible including the facts which show how "pervasive or severe" the hostility was;
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Be the best employee you can be. Don't give your employer a reason to fire you; and
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Document everything that happens. A successful case will depend in large part on a clear timeline of events.
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If your complaint is not appropriately addressed, consider filing a complaint with the Federal Equal Employment Opportunity Commission (EEOC) or the Hawaii Civil Rights Commission (HCRC).
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If you need additional assistance, or have questions, feel free to contact the Sapolu Law Office or submit a message below to schedule a free case evaluation.
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If you are discharged or terminated from employment:
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Call an attorney as soon as possible;
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Don't sign any waivers or severance documents which may prevent you from filing a claim.
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If the company insists that you sign their paperwork, ask for more time to consult an attorney. At a minimum, you could always say "I need some time to review this with my family and will get back to you within a few days." Then make sure you follow up with an attorney.
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Time Limitations
Under the law, certain types of legal actions are limited according to the length of time that has passed since the last physical or verbal abuse incident. If you have been subjected to a hostile work environment as described above, don't hesitate - contact us immediately or send a message below to schedule a free case evaluation.
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