Sexual Harassment
In legal terms, sexual harassment is any unwelcome sexual advance
or conduct on the job that creates an intimidating, hostile or
offensive working environment. In practice, sexually harassing
behavior can range from repeated offensive comments, to offensive
pornography, to a sexual assault.
Are you one of the countless South Carolinians who endure the
destructive emotional and financial impact of unlawful workplace
harassment? Most employees suffer in silence. Others may experience
strained relations with supervisors, co-workers, friends and even
loved ones. At the Joe Griffith Law Firm, LLC, we take claims of
sexual harassment and retaliation very seriously. No one should have
to work under the cloud of sexual harassment and it is our mission
to help you fight it. If you are being subjected to sexual
harassment you need to take the proper actions. The lawyers at Joe
Griffith Law Firm, LLC are here to help.
There are generally two types of sexual harassment that occur in the
workplace: "quid pro quo" and "hostile work environment." Quid pro
quo translates to "this for that" and signifies a trade, such as sex
in return for a promotion. It is illegal for an employer to use sex
as a prerequisite for benefits in the workplace, or as a condition
of employment.
"Hostile work environment" includes any situation in which an
employer, supervisor or co-worker engages in conduct that makes a
co-worker feel uncomfortable because of his or her sex. Although a
hostile work environment may exist simultaneously with a quid pro
quo situation, there does not need to be a demand for an exchange of
sex for a job benefit to constitute a hostile work environment.
Courts have found that sexual jokes, offensive pictures, unwanted
touching, leering, and requests for dates constitute sexual
harassment in certain cases. The conduct must be offensive and
unwanted by the victim.
Many different kinds of conduct that are of a sexual nature may be
sexual harassment, if the behavior is unwelcome and if it is severe
or pervasive. However, courts have resisted adopting what they
consider a workplace "code of conduct," or list of behavior that is
automatically considered to be sexual harassment. As a result, if
the conduct is not unwelcome or not severe or pervasive, courts will
not necessarily consider each type of conduct listed below to be
sexual harassment.
Some examples of conduct that may be sexual harassment:
- Verbal or written conduct: Comments about clothing,
personal behavior, or your body; sexual or sex-based jokes;
requesting sexual favors or repeatedly asking you out; sexual
innuendoes; telling rumors about your personal or sexual life;
threatening you.
- Physical conduct: Rape or assault; impeding or
blocking your movement; inappropriate touching of your body or
clothing; kissing, hugging, patting, stroking.
- Nonverbal conduct: Looking up and down your body;
derogatory gestures or facial expressions of a sexual nature;
following or stalking you.
- Visual displays: Posters, drawings, pictures,
screensavers or e-mails of a sexual nature.
While sexual discrimination most often affects women in the
workplace, it is also illegal for men to be discriminated against
because of their sex.
Although many federal and state laws do not specifically define
sexual harassment or make it illegal, courts have found that sexual
harassment is a form of sex discrimination, and that violates the
laws against sex discrimination in the workplace.
Title VII of the Civil Rights Act of 1964 is a federal law that
protects individuals from discrimination based upon sex. This law
makes it illegal for an employer to discriminate against individuals
because of their sex in hiring, firing, and other terms and
conditions of employment, such as promotions, raises, and other job
opportunities.
The laws of most states also make it illegal to discriminate on the
basis of sex, and some states specifically make sexual harassment
against the law. The South Carolina Human Affairs Law makes it
illegal for an employer to discriminate on the basis of race, color,
national origin, religion, sex, age and disability. A discrimination
claim can be filed either with the state administrative agency, the
South Carolina Human Affairs Commission (SHAC), or the federal
administrative agency, the Equal Employment Opportunity Commission (EEOC).
The two agencies have what is called a “work-sharing agreement,”
which means that the agencies cooperate with each other to process
claims. Filing a claim with both agencies is usually unnecessary, as
long as you indicate to one of the agencies that you want it to
“cross-file” the claim with the other agency.
The attorneys of the Joe Griffith Law Firm, LLC will file
your sexual harassment, sex discrimination, hostile work environment
or retaliation claims for you. No one should have to work under the
cloud of sexual harassment and it is our mission to help you fight
it. If you are being subjected to sexual harassment you need to take
the proper actions. We stand ready and capable to provide our
clients the highest caliber of professional service, with a personal
touch and a friendly attitude.
Call us today, at 843-CALL-JOE (843-225-5563), or contact us via our
online form.
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