Las Vegas Sexual Harassment Lawyer
Are you dealing with sexual harassment at work? Sexual harassment is not only wrong, it’s illegal. Contact our experienced Las Vegas sexual harassment lawyer for a free confidential consultation. Let us help put a stop to the harassment today.
The workplace should be a safe place and in most cases, it is. But there are situations where you might have more to worry about than completing your annual report on time or meeting your quarterly sales quota.
Perhaps it’s a coworker who’s making sexually explicit jokes around the water cooler. Or maybe your boss promises you a promotion if you go out on a date with him. Whatever the conduct may be, if it is unwanted and of a sexual nature, then there’s a good chance it’s sexual harassment.
To the sexual harasser, it may appear like this is harmless office behavior or simply workplace banter among colleagues. But if you’ve ever been the victim of this type of conduct, you understand how uncomfortable and threatening these actions can be. Due to the differences in power or fear of retaliation, it can make it almost impossible for you to stand up to the harasser. And if you do, you could jeopardize your professional future or physical safety.
Even if the sexual harassment is not intended to be a form of bullying, that doesn’t make it any easier to endure or change the fact that the sexual harassment is wrong and illegal under federal and Nevada law. But how exactly do you use the law to protect yourself against this unwanted sexual conduct? That’s where finding an experienced Las Vegas sexual harassment lawyer can help, where they can guide you through the administrative and legal process. But until you consult with an attorney, the following information may be able to provide some guidance on how to handle your unfortunate situation in the workplace.
What Is Sexual Harassment?
Sexual harassment is a form of sex discrimination and constitutes any conduct in the workplace that is of a sexual nature and is both unwelcome and creates a hostile or offensive working environment. Based on this definition, there are two components that must both be present for sexual harassment to exist.
First, the sexual behavior must be unwanted. If the recipient of a comment, joke, physical touching or sexual request consents to the behavior, then it’s not sexual harassment. Determining whether this behavior is welcome is often tricky. Many defendants in sexual harassment civil lawsuits are dismayed to learn that what they thought was consensual sexual behavior is not consensual after all.
Second, the unwanted sexual conduct makes the victim uncomfortable to the extent that it interferes with work or creates an intimidating, offensive or hostile work environment. This is a broad concept and can include anything of a sexual nature that intimidates or offends the victim.
What Kind of Conduct Constitutes Sexual Harassment?
There are two types of sexual harassment, quid pro quo and hostile work environment. Quid pro quo is a Latin term that translates to “something for something” and refers to a situation where an employment action is directly tied to a sexual favor.
The classic example of quid pro quo sexual harassment occurs when a boss tells a subordinate that she must sleep with him if she wants to keep her job, receive a promotion or get a raise.
The second type of sexual harassment is hostile work environment. A hostile work environment exists when the sexual harassment is pervasive or severe enough to change the victim’s working conditions. Examples of hostile work environment can include:
- Asking personal questions of a sexual nature.
- Sending sexual jokes or materials through office email.
- Giving constant compliments about someone’s appearance.
- Discussing one’s sex life at work.
- Spreading sexual rumors about another employee.
- Unwanted touching, even if it’s not overtly sexual.
- Constantly asking out a coworker despite the coworker repeatedly saying no.
- Giving unwanted gifts that have romantic or sexual intentions.
Sexual harassment can exist even when the harasser is of the same sex of the victim or shows no romantic interest in them. As long as the basis of the sexual harassment is based on the victim’s sex, then it is unlawful.
How Can I Stop Sexual Harassment at Work?
The first thing you will likely need to do is tell the person to stop. It’s possible that they do not realize what they are doing is unwanted or making you uncomfortable. Even if they do know, if you want to take legal action later on, it helps if you can say that you informed the harasser that the conduct was unwanted and that you told them to stop.
Assuming the behavior continues, you’ll need to notify the appropriate person at work. This might be a human resources officer, your supervisor or a designated sexual harassment official. Whatever your employer’s sexual harassment reporting policy is, be sure to follow it. One of the defenses many employers use in sexual harassment lawsuits is that the victim didn’t follow the appropriate reporting procedures at work. This allows the employer to argue that it never knew sexual harassment was taking place or never had an opportunity to correct the problem.
If reporting the sexual harassment at work doesn’t help, you may need to report the sexual harassment to Nevada’s Equal Rights Commission or the United States Equal Employment Opportunity Commission. As a general rule, you don’t need an attorney to report the sexual harassment to either of these government organizations. But depending on your situation, you may want to consult with one first. This will ensure your legal rights are protected and the complaint you file will be as complete and informative as possible. The last thing you want is your complaint to be dismissed on a technicality. Additionally, if you want to file a sexual harassment lawsuit later on, having an experienced Las Vegas sexual harassment lawyer through this reporting process is critical to being able to present the strongest case possible in court.
Follow us on Facebook for daily updates.
Whatever you decide to do, always write down what has happened to you and when. Include as many details as possible, such as who was involved and who might have witnessed the sexual harassment. Keeping the facts straight will increase your credibility should you decide to legal action in the future.
What Legal Remedies Might I Be Entitled To?
Depending on how you’ve been harmed due to the sexual harassment, an experienced Las Vegas sexual harassment lawyer may be able to help you recover compensation for:
- Compensatory damages.
- Back pay.
- Front pay (assuming reinstatement is not possible).
- Punitive damages.
- Attorney’s fees.
Only a Las Vegas sexual harassment lawyer will be able to tell you exactly what legal remedies are available to you as a result of the sexual harassment you endured.
Are You Looking for a Las Vegas Sexual Harassment Lawyer?
Let’s talk. Really, you and me. Call today for a free one-on-one consultation.