Rockland Sexual Harassment Lawyer

Sexual harassment in the workplace can take many forms, including offensive comments, sexual demands, unwanted touching, and sexually suggestive behavior. It can occur between employees, regardless of their stature within the company.

Yes, it is possible to be sexually harassed by someone of the same sex. The law protects all employees from sexual harassment, regardless of the gender of the harasser or the victim.

Sexual abuse and harassment claims can generally be categorized into two main types:

• Quid Pro Quo Harassment: This Latin phrase translates to "this for that." In a workplace setting, it refers to situations where employment decisions or treatment are based on an employee's submission to sexual harassment. For example, a supervisor might promise an employee a promotion if they comply with sexual advances, or alternatively, threaten demotion or termination if they refuse.
• Hostile Work Environment Harassment: This type of harassment occurs when an employee is subjected to unwanted sexual comments, advances, or behaviors that are so severe or pervasive that they create an intimidating, offensive, or hostile work environment. The behavior could come from anyone in the workplace, including a coworker, manager, or even a non-employee like a client or contractor.

After filing a complaint (officially known as a charge of discrimination) with the Equal Employment Opportunity Commission (EEOC), several steps are typically followed:

• Investigation: The EEOC will review your charge and may conduct an investigation. This could involve requesting more information from you and your employer, conducting interviews, or visiting your workplace.
• Mediation or Settlement: If both parties agree, the EEOC may offer mediation services to help resolve the charge. Alternatively, the EEOC or either party can propose a settlement.
• Determination: If a settlement isn't reached, the EEOC will decide whether there is reasonable cause to believe discrimination occurred. If no violation is found, the EEOC will send a Dismissal and Notice of Rights, which gives you 90 days to file a lawsuit.
• Right to Sue: If the EEOC finds reasonable cause, they'll first attempt to reach a voluntary settlement with the employer. If a settlement isn't achieved, the EEOC may sue the employer. Alternatively, the EEOC may issue a Notice of Right to Sue, allowing you to bring a lawsuit in court.
• Federal Sector Complaints: For federal employees or applicants, the process is slightly different. They must contact an agency EEO counselor prior to filing a formal complaint. Then, they can request a hearing or an immediate final decision from the agency.