Sexual Harassment and a Hostile Work Environment
By Gregory Thyberg on July 09, 2018
All individuals have a right to work in a safe environment and be treated equally despite factors such as race, religion, and gender. Gender discrimination describes any situation in which a person is biased against, denied opportunities, or treated differently based on gender.
Sexual harassment is classified as a form of gender discrimination in the workplace. Sexual harassment includes unwanted sexual advances, lewd comments, and other inappropriate sexual behavior in the work environment. Victims of sexual harassment have a right to be protected by their employers. If sexual harassment is reported and appropriate actions are not taken, victims should work with a sexual harassment lawyer, such as Gregory Thyberg, to protect their rights.
Mr. Thyberg provides legal representation to victims of sexual harassment and a hostile work environment in the Sacramento, CA area, and will fight for just compensation for damages.
Defining a Hostile Work Environment
There are two general types of sexual harassment. One is quid pro quo, in which an employment benefit is made contingent on someone providing sexual favors.
The second type of sexual harassment is that which creates a hostile work environment. A hostile work environment is defined as a pattern of persistent harassment, which creates an abusive or offensive environment that inhibits a person’s ability to perform his or her work duties.
Any of the following actions could fall under the category of sexual harassment that creates a hostile work environment:
- Sexual jokes
- Unwanted sexual advancements or interactions
- Displays of inappropriate sexual material
- Repeated requests for dates
The key factor in proving that sexual harassment has created a hostile work environment is demonstrating that harassment has been frequent or pervasive.
A single sexual joke or an isolated attempt to start a romantic relationship will not be considered an act of sexual harassment that creates a hostile work environment. However, if a person continues to make sexual advances or otherwise harass an employee or coworker after it has been made clear that these actions are unwanted, then there may be a strong case of sexual harassment and a hostile work environment.
Know Your Rights
If sexual harassment is reported to employers, they have a duty to address the situation in a timely manner. If appropriate actions are not taken, it is important to work with an experienced sexual harassment attorney who will fight to protect your rights.
Victims of sexual harassment may be due financial compensation for damages. Potential avenues of compensation in a sexual harassment lawsuit include back pay for any wages or benefits that may have been lost as a result of sexual harassment, front pay in the event that a position was lost and it is no longer practical to reinstate employment, and punitive damages to punish the employer for reacting badly in the face of sexual harassment claims.
Mr. Thyberg will examine the unique details of each case to determine what type of compensation may be due.
If you have been a victim of persistent sexual harassment that has created a hostile work environment, experienced attorney Gregory Thyberg can help you get the compensation you are due for damages. Contact us at your earliest convenience to learn more about your rights and your best course of legal action.