What Constitutes Sexual Harassment in the Workplace?
According to the Equal Employment Opportunity Commission (EEOC), sexual harassment involves inappropriate interactions, unwanted verbal or physical conduct, offensive remarks, or comments of a sexual nature that create a hostile work environment. Sexual harassment comes in many forms in Georgia, and some common examples of sexual harassment include:
- Unwanted Advances: Persistent unwelcome sexual advances or attempts to start a romantic relationship or despite clear indications of disinterest.
- Inappropriate Touching: Unwanted physical contact or physical harassment such as hugging, patting, or brushing up against someone.
- Sexual Comments: Making remarks about someone’s body, clothing, or personal life that are sexual in nature.
- Lewd Jokes: Telling jokes, sharing stories, or making offensive comments that are sexually explicit and make others uncomfortable.
- Displaying Offensive Material: Putting up posters, pictures, or screensavers that are sexually suggestive or explicit.
- Quid Pro Quo: Suggesting or implying that an employee will get a promotion or other benefits in exchange for sexual favors.
- Sexual Gestures: Making gestures, movements, or offensive conduct that is sexually suggestive.
- Spreading Rumors: Circulating false or malicious stories about someone’s sexual activities or preferences.
- Sexual Emails or Messages: Sending emails, texts, or messages that are sexually explicit or suggestive.
- Verbal Abuse: Using derogatory language or slurs that are sexual in nature to demean or intimidate someone.
One thing to note about sexual harassment cases in Georgia is that there must be a pattern of bad behavior. A one-time comment by a coworker or supervisor is not enough to prove sexual harassment. To win your case, you must demonstrate multiple instances of bad behavior that created a hostile work environment. A workplace sexual harassment lawyer can help you gather evidence to build a compelling case.
Legal Protections Against Sexual Harassment in Canton, GA
The key law prohibiting workplace sexual harassment in Georgia is the Civil Rights Act of 1964. Title VII of the Civil Rights Act prohibits employers from discriminating against or harassing employees because of race, religion, sexual orientation, gender, national origin, age (for employees 40 or older), or disability. However, the Civil Rights Act only applies to private employees with 15 or more employees, state and local government agencies with 15 or more workers, and the federal government. So, this law is helpful for cases involving larger companies, but workers experiencing harassment at smaller businesses can’t file a claim under the Civil Rights Act.
Georgia has no state law that explicitly prohibits sexual harassment among private companies with fewer than 15 employees. However, there are some additional protections for public sector workers. The Georgia Fair Employment Practices Act prohibits state government agencies and workers from discriminating against or harassing public employees based on gender, race, sexual orientation, age, etc. If you work for the Georgia government, this law may apply to your situation. A sexual harassment lawyer can tell you more.
Steps to Take After Experiencing Sexual Harassment
If you’re dealing with sexual harassment at work, it’s critical to take action to protect yourself and your rights. Here are the steps you should follow:
- Document Everything: Keep a detailed record of all incidents of harassment. Note the date, time, location, what was said or done, and any witnesses. This documentation can be crucial if you decide to file a complaint.
- Report to Your Employer: Follow your company’s procedure for reporting harassment. This often involves speaking to a supervisor, your employer’s human resources department, or a designated officer. Make your report in writing and keep a copy for your records.
- Seek Support: Talk to trusted friends, family members, or colleagues about what you’re going through. You don’t have to face this alone, and getting support can help you manage the stress and emotional impact of the harassment.
- File a Formal Complaint: If your employer doesn’t take appropriate action, you can file a complaint with the Equal Employment Opportunity Commission (EEOC) or your state’s fair employment agency.
- Consult a Lawyer: Speaking with a lawyer for sexual harassment at work can help you understand your rights and options. Your attorney can guide you through the process and help you build a strong case if you decide to file a lawsuit alleging sexual harassment.
Filing a Sexual Harassment Claim: The Process
Filing a sexual harassment claim in Georgia involves specific steps to protect your rights. Here’s an overview of the process:
- File a Complaint: Submit a formal complaint to the EEOC within 60 days or, if you’re a Georgia state employee, to the Georgia Commission on Equal Opportunity within 180 days of the last incident of harassment. You can submit your complaint online, by mail, or in person.
- EEOC Investigation: The agency will investigate your claim. This may involve interviewing you, the accused, and any witnesses, as well as reviewing documents and evidence.
- Mediation or Settlement: The agency might suggest mediation to resolve the issue without going to court. If both parties agree, a neutral mediator will help negotiate a settlement.
- Right to Sue Notice: If the investigation finds evidence of harassment or if mediation fails, you will receive a “Right to Sue” notice. This allows you to file a lawsuit in court.
- Filing a Lawsuit: With the “Right to Sue” notice, you can file a lawsuit in state or federal court.
Healing and Moving Forward
You have the right to work in an environment free of harassment and discrimination. You also have the right to compensation for the harm harassment at work has caused you and for the toll that harm has taken on the rest of your life. By filing a sexual harassment claim, you could recover compensation for:
- Emotional distress
- Attorney fees
- Lost wages
- Loss of future earnings
- Benefits you would have been entitled to receive
A court might also impose punitive damages on your employer. A lawyer for sexual harassment can tell you whether your case might qualify for punitive damages.
Contact Our Georgia Sexual Harassment Attorney to Learn More
Geiger Legal Group, LLC is committed to helping Georgia employees who have experienced sexual harassment at work. Contact us today or reach out online for a free case review.
