Unfortunately, sexual harassment and assault happen far too often.
It happens in the workplace and impact employees across race, gender identity, sexual orientation, income level and many other factors.
According to the National Sexual Violence Resource Center, in some industries, 1 in 7 women and 1 in 17 men have sought a new job assignment, changed jobs or quit a job because of sexual harassment and assault in the workplace. If you have been harassed or assaulted in the workplace, Contigo Centro Legal is a safe place you can turn to for help.
Every person has the right to work in a safe environment, and it is important to know that regardless of status, you have rights in this country. There are federal and state laws in place that make it illegal to harass or assault a person in the workplace, yet it remains a widespread problem that affects the health and well-being of employees across the United States. The sexual assault attorneys at Contigo Centro Legal are trusted advocates for victims and survivors of sexual harassment and abuse. Our attorneys will listen to your story with compassion and help you understand your legal rights and options.
What is Sexual Harassment in the Workplace?
Sexual harassment in the workplace is defined as any type of conduct that is unwelcome. It can include behavior such as:
Unwelcome sexual advances.
Requests for sexual favors.
Verbal or physical harassment of a sexual nature.
Inappropriate statements.
Sexual gestures.
Sexually explicit jokes, emails or text messages.
Sharing sexual or inappropriate objects or images.
Unwanted hugs or shoulder massages.
Staring in a suggestive manner or looking a person up and down.
“Accidentally” brushing up against someone.
Blocking a person’s walking path or walkway.
Asking questions of a sexual nature.
Sharing unsolicited information about a person’s sex life or activity.
Sexual harassment in the workplace is about power and control. Anyone can be a victim—or a harasser—regardless of age, sex, sexual orientation or gender identity. The victim and the harasser can also be of the same sex, sexual orientation and/or gender identity.
In some instances of sexual harassment, the harasser will threaten the victim’s employment or offer some type of an employment benefit, such as a promotion, pay increase or time off, in exchange for a sexual favor. In other instances, the harassment creates a hostile work environment where an employee is subjected to offensive, unwanted, and unsolicited comments or conduct of a sexual nature. Both types of sexual harassment are intimidation tactics that can cause victims to feel scared and bullied and suffer severely from emotions that impact their job performance and careers.
Unfortunately, workplace sexual harassment is common but rarely reported. It is common for a victim to fear losing their job if they report the harassment. More than 85 percent of people who experience sexual harassment at work never file a formal legal charge and approximately 70 percent of employees never complain internally (National Sexual Violence Resource Center).
What is Sexual Assault in the Workplace?
Sexual assault primarily refers to unwanted physical contact of a sexual nature. Sexual assault in the workplace involves unsolicited, intentional sexual contact or behavior while using force, intimidation, or abuse of authority. Sexual assault is illegal and carries a higher level of consequence under criminal law.
Workplace sexual assault can occur with and without sexual contact. Examples include:
Rape.
Using coercion or threats to engage in sexual activity.
Forced kissing or touching.
Forcible intercourse.
Penetrating any part of the victim’s body without consent.
Grabbing without permission.
Touching a person with an object without consent.
Forcibly showing content such as a photo or video of a sexual nature to an unwilling viewer.
Indecent exposure with the harasser’s intent to gratify self or offend the victim.
Sexual assault is an illegal violation of your body and can happen to anyone who receives unwanted, uninvited sexual contact from a co-worker, supervisor or other team member in the workplace. It can occur in a single incident or in a series of repeated incidences. An experienced attorney at Contigo Centro Legal can help you understand what constitutes sexual assault and can explain your legal rights and options for seeking justice.
What Should I do if I Have Been Sexually Harassed or Assaulted at Work?
The processes for reporting sexual harassment and sexual assault in the workplace may vary slightly. If you have been sexually harassed, you should report it through your employer’s reporting system if one exists. Be sure to document the event details, including:
The date, time and location of the incident.
The behavior of the harasser.
How you addressed the behavior.
The harasser’s response.
If your employer does not have a reporting system, seek the help of a sexual harassment attorney immediately. At Contigo Centro Legal, our attorneys will help guide you through the process and help you understand your legal rights.
If you have been sexually assaulted in the workplace:
Seek medical attention. It is important to seek medical attention immediately so that medical professionals can treat the physical traumas associated with sexual assault. If you were raped or penetration occurred, healthcare professionals can provide you with a rape kit, or a sexual assault forensic exam, used to collect valuable evidence such as DNA and blood samples. Seeking medical attention can ensure you get the help you need with the psychological and emotional trauma often associated with sexual assault.
Contact the police. Sexual assault is a crime. If you are sexually assaulted in the workplace, you should contact the police and file a report as soon as possible. There is usually a statute of limitations or a deadline for how long a victim can come forward to report the incident.
Notify your employer. Filing an incident report at work can protect you and others employees from suffering further harm.
Often, victims are scared to take any of the steps above for fear of their safety, retaliation at work or losing their jobs. If you are the victim of a sexual assault at work and scared to contact the police, report it at work or seek medical help, contact the attorneys at Contigo Centro Legal immediately. We offer a safe, compassionate place where you can share your story. We will listen, gather the facts and explain your legal rights and options for pursuing compensation, if possible.
Can the Employer be Held Liable for Sexual Harassment and Assault in the Workplace?
All employers have a responsibility to ensure their employees are protected from sexual harassment and assault in the workplace. If the employer knows or should have known that sexual harassment or assault occurred but took no action, the company can be held liable.
Employers can be held liable for failing to provide a safe work environment if they did not:
Investigate the employee’s criminal background and work history.
Investigate complaints and reports of sexual harassment and assault.
Provide sexual harassment training, policies and reviews.
Have a reporting system for victims.
Warn employees that sexual harassment and assault are not tolerated and offenders will be disciplined.
Prohibit retaliation against employees who file complaints.
If you are a victim of sexual harassment or assault in the workplace, you may have a legal claim against your employer and could be entitled to compensation for your suffering. It is critical you seek the help of an attorney as soon as possible to determine if you are eligible for compensation.
Contigo Centro Legal Fights for Victims of Sexual Harassment and Assault
Unfortunately, sexual harassment and assault occur in the workplace on a regular basis. If you or someone you love is a victim of sexual harassment or assault in the workplace, you do not have to suffer alone. It is critical to seek support and legal representation as soon as possible. The attorneys at Contigo Centro Legal are a trusted resource to victims of sexual harassment and assault, and we are here to help you.
All consultations with our attorneys are free, private and without obligation. We will listen to your story with compassion, explain your legal rights, and fight for justice and compensation for you. To contact us for a free consultation, call 816-800-8000 or click on the chat button to learn more.
You have rights. Contact us today.
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