Erik CollinsLegal Definition of Sexual Harassment
There are different legal acts that protect you from sexual harassment in the workplace in the United States and in Missouri, specifically. In the US, there is the Civil Rights Act of 1964, Title VII which makes such harassment and discrimination illegal throughout the country. Then, Missouri has the Missouri Human Rights Act, which clarifies the laws concerning such harassment and discrimination within this state. Legally, sexual harassment is defined by these documents as any unwanted sexual advances, including verbal comments, unwanted physical contact, and requests for favors of a sexual nature.
The law protects employees and customers of businesses from such illegal conduct on a federal and state level. Having said that, the law applies to any circumstance in which the conduct interferes with workplace performance or occurs multiple times. Then, there are situations where an employer retaliates against the employee for rejecting the attention and advances of a sexual nature. Such situations can involve being fired, demoted, having your schedule changed, or experiencing some form of disciplinary action. If this happens to you, then you not only have a sexual harassment claim; you also have a retaliation claim for illegal retaliation of an employer to an employee.
Yet, sexual harassment claims are not only embarrassing and difficult to pursue; they can also be complex and confusing. You must file such claims before the given deadline and you must avoid making any mistakes in the process, or you might forfeit your right to legal compensation and protection. To ensure that you don’t miss any steps or run out the statute of limitations, contact a sexual harassment attorney as soon as possible for a free consultation and guidance going forward.
Different Forms Of Sexual Harassment
Sexual harassment comes in different forms and is categorized into two basic types: Quid Pro Quo Sexual Harassment & Hostile Work Environment Sexual Harassment. The first (quid pro quo) involves the victim being forced to behave in a given sexual manner in order to keep their job or avoid work related consequences, such as demotion or disciplinary measures. The threat in such situations may be direct or implied, and the employee may feel that they have no choice but to go along with the sexual advances and requests of the employer or supervisor.
The second (hostile work environment) involves severe, offensive, and pervasive harassment that is based on gender. To be defined as hostile work environment sexual harassment, the behavior must occur many times and must be considered to be offensive to you and to anyone else. In other words, you cannot claim harassment because you are particularly sensitive to some perceived offense. Rather, it must be something that anyone would find offensive in your position.
When To Contact A Sexual Harassment Attorney
Many people avoid taking action when sexual harassment occurs in the workplace. It can create an embarrassing situation, especially if you must repeat humiliating words or gestures to address your complaint. You may also be afraid of retaliation or creating a more difficult work environment than you are already facing. Yet, the longer you wait to do something about it, the worse the situation is likely to become and the more difficult it will be to establish a case against the offender or employer.
The attorneys at Cornerstone Law Firm are here to help you every step of the way. We can assist with the process of notifying the employer, understanding and adhering to company policies, and addressing any retaliation that may occur.
We will also protect your rights, help you with gathering evidence, and ensure that your case is as solid as possible if further action is needed. In the vast majority of sexual harassment cases in Missouri and throughout the US, ignoring it and hoping that the situation improves is not helpful or effective. Rather, the situation will almost always grow worse with time, especially as the offender grows more confident that he or she can get away with it. In many cases, we see that sexual harassment has become a problem for multiple employees, all of whom decided not to speak out for similar reasons. So, speak out, and protect yourself and others from further illegal sexual harassment on the job.
