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The attorney featured above is licensed in Florida. For a full list of attorneys in your state please visit our attorney page.
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Does My Case Qualify as Sexual Harassment?
Many victims of sexual harassment, especially at the workplace, don't report such incidents because they aren't sure whether they qualify as sexual harassment. This term covers a wide range of behaviors, some of which could easily pass as ordinary things people do or say privately or publicly.
If you or your loved one feels that you've been sexually harassed but aren't sure whether the incident qualifies as sexual harassment, consulting an experienced sexual harassment attorney is best. Such an attorney will review your case and offer the legal counsel you need to decide your next move.
For instance, at Morgan & Morgan, we offer free consultation and case evaluation. We do this to provide victims of sexual harassment and other personal injuries a platform and opportunity to understand their rights and legal options.
Sexual harassment cases vary. Some may be clear as day, while others may pass as ordinary things people do or say. But such behaviors shouldn't be normalized, and that's the whole point of holding the perpetrators accountable for their actions.
Some examples of common sexual assault incidents include:
- Unwanted kissing
- Unwanted touching of genitals or breaks
- Butt slapping
- Rape
- Requests for sexual favors, especially at the workplace
- Making sexually explicit comments or gestures
- Sending uninvited sexual messages
Examples of subtle forms of sexual harassment, especially at the workplace, include:
- Repeated compliments or sexually-suggestive comments regarding an employee's appearance
- Employers asking employees questions about their sex lives
- Circulating sexually-explicit photos in the workplace
- Making sexual jokes
- Sending sexually suggestive emails or text messages at the workplace
- Repeated and unwanted touching at the workplace
- Spreading sexual rumors about an employee
Some of these actions may pass as friendly gestures. For example, your employer repeatedly hugging you or placing their hands on your shoulder could seem like a friendly gesture. However, when it goes on constantly, coupled with other sexually suggestive actions, it could be a case of sexual harassment. If unsure whether that particular behavior is sexual harassment, contact Morgan & Morgan sexual harassment attorneys in Philadelphia for a free case evaluation.
What to Do if You're a Victim of Sexual Harassment
Knowing what to do if you're a victim of sexual harassment can help you build a strong case against the other party. Here are some quick tips to guide you.
Blow the Whistle
Let the individual know that you don't like their conduct and request them to stop. If they don't stop, move on to the next step.
Document the Incident
Document their actions, keeping track of location, date, and exact behavior. If they made sexual comments or physically tried to harass you, make sure you document that as well.
If the incident happened at the workplace, your employer would most likely have a procedure each employee must follow to report cases. Make sure you follow the provided guidelines, keeping in mind essential deadlines. If you ignore such procedures, the other party could argue that your allegations against them are false.
If your employer doesn't have such procedures in place, consider reporting to the most appropriate government agency, such as the Equal Employment Opportunity Commission. The government agency will review your complaint and try to resolve it with your employer.
If they can't resolve the complaint, they'll send you a 'right to sue' letter, allowing you to seek legal action against the perpetrator.
Contact a Morgan & Morgan Sexual Harassment Attorney
A sexual harassment attorney from Morgan & Morgan will review your claim. If the claim is valid, they'll let you know more about your legal options. Usually, such attorneys will help you collect crucial evidence against the perpetrator, file a claim, and negotiate a reasonable settlement.
What Are Some Remedies for Sexual Harassment?
If you win your sexual harassment claim or lawsuit, you may be entitled to the following remedies:
Back Pay
This applies if you lost money due to the incident. It could be a case of missed promotion or anything along those lines. In most cases, the court multiplies the amount by three when deciding the final settlement.
Reinstatement
The court might order your employer to reinstate you if you lost your job due to sexual harassment. This usually occurs when a rogue employer fires an employee for blowing the whistle against sexual harassment at the workplace.
Emotional Damages
You may also receive compensation for the emotional damage you've suffered due to sexual harassment at the workplace. As discussed earlier, sexual harassment could lead to anxiety, depression, stress, among other mental health problems.
Policy Change
The court may order your employer to implement certain policies at the workplace to stop sexual harassment from reoccurring in the future. This could include setting up a clear response plan for victims of sexual harassment and instructions on how to report such incidents.
The exact type of remedies to expect vary from one case to another. After reviewing your case, your Morgan & Morgan attorney can tell the exact remedies for your specific situation.
What Is the Statute of Limitations for Sexual Harassment in Philadelphia?
In Philadelphia, you have up to two years to file a civil suit if you're a victim of sexual harassment. The clock starts to count from the date of the injury.
Is Sexual Harassment the Same as Sexual Assault?
Although these two terms are often used interchangeably, they are quite different. Sexual harassment usually involves unwanted sexual advances and may include discrimination based on gender or sexual orientation.
On the other hand, sexual assault is any kind of intentional, unconsented physical contact. Additionally, sexual harassment cases fall under civil law, while sexual assault falls under criminal law.
Contact Morgan & Morgan Philadelphia Sexual Harassment Attorney
Morgan & Morgan is a phone call away when you need an experienced sexual harassment attorney in Philadelphia. Call our Philadelphia office at (215) 446-0003 or send us a message online to schedule a free consultation today.