Filing a Sexual Harassment Claim
Posted Friday, November 17, 2017 by Chris Thayer
While there have been a lot of high-profile stories about sexual harassment in the workplace, the unfortunate truth is that workplace harassment can happen to anyone. It is important for everyone to be aware of the threat and the legal options available to harassment victims.
Depending on the facts of the case, perpetrators may be criminally prosecuted. Sexual harassment is a form of discrimination that violates both federal and state civil laws, and victims may recover monetary damages. Here are the steps you should take if you are sexually harassed in your place of work:
- Review your workplace policies and procedures and report the incident to the appropriate personnel. The appropriate person might be your supervisor or someone in human resources.
- Consult an experienced attorney, who can walk you through your legal options.
- File a formal complaint with either the Washington State Human Rights Commission or the U.S. Equal Employment Opportunity Commission. You do not need to file a report with both agencies (but note that state law covers some employees not covered by federal law).
- If the agencies do not resolve your claim you may file a civil lawsuit. But you may also go directly to court rather than pursuing administrative remedies.
Damages for Sexual Harassment Victims
The type and amount of damages that a victim receives depends on his or her situation. For example, the damages will be different for a victim whose supervisor seeks sexual favors in exchange for a job promotion or raise, and for a victim who is fired for denying unwanted sexual advances. Types of damages include:
- Pain and suffering and other non-economic expenses,
- Lost wages to compensate the victim for time taken off of work after the harassment, and
- Compensatory damages for counseling and other economic expenses.
Washington law does not award punitive damages in sexual harassment cases.
What Conduct Constitutes Sexual Harassment?
Sexual harassment is a form of discrimination that includes uninvited conduct or comments stemming from the victim’s sex, gender, or sexual orientation. One obvious example is when a coworker makes an unwanted sexual advance, like inappropriately touching another person. Sexual harassment can also be expressed verbally and in other ways that do not involve physical contact. Some examples are:
- Emailing sexually inappropriate content (like pornographic images or videos) to coworkers;
- Sending suggestive emails or other communications that hint or explicitly state something sexual;
- Sharing sexual anecdotes with or telling lewd jokes to coworkers;
- Making sexual gestures;
- Whistling or staring at a coworker;
- Making sexual comments about a coworker’s clothing, body parts or general appearance;
- Making offensive comments about a coworker’s gender or sexual identity; and
- Asking a coworker about his or her sexual history.
These are only some examples of sexual harassment. Contact a supervisor or human resources official if any workplace encounter or interaction makes you feel uncomfortable.
Contact Us Today
Contact one of our personal injury attorneys today for a free consultation if you have sexually harassed in your workplace. Our experienced attorneys will help you recover compensation for your injuries, whether those injuries are physical, psychological or emotional.