Sexual harassment occurs in all professions and to individual contributors, high level executives, and everyone in between. Its victims can be anyone, no matter a person’s age or gender. For individuals who experience sexual harassment, the effects can be devastating. At Swartz Law, we believe that everyone deserves to feel safe and respected in the workplace, which is why we fight tirelessly for victims of sexual harassment. We have years of experience dealing with such cases, enabling us to work effectively to resolve them.
What is Sexual Harassment?
Sexual harassment can take many forms, including unwelcome verbal or physical conduct of a sexual nature, sexual advances, requests for sexual favors, and repeated demeaning or illicit sexual jokes or comments. Sexual harassment is unlawful whether it is perpetrated by your supervisor, a co-worker, or a customer.
Sexual harassment is categorized into two types of claims under the law – quid pro quo (Latin for ‘this for that’) and hostile work environment.
Quid Pro Quo Sexual Harassment
Quid pro quo sexual harassment occurs when submission to sexual advances or favors is required to obtain job benefits such as a pay raise or promotion, or rejection of such conduct results in adverse job actions such as a reduction in pay, a demotion, or termination. This type of harassment is most commonly instigated by a supervisor, manager or other agent of an employer with the authority to make employment decisions which impact your job. It is an abuse of power and employers are held strictly liable for such conduct under the law.
Hostile Work Environment Sexual Harassment
Hostile work environment sexual harassment claims arise when derogatory, stereotypical or humiliating comments and ‘jokes’ occur repeatedly in the workplace such that it creates a hostile, offensive or intimidating work environment. Whether the harassment you are enduring rises to the level that the law recognizes as constituting a legal claim depends on its severity, recurrence, and pervasiveness. One incident, such as a comment by a co-worker that ‘you are a tease’ will not create a claim. An extreme act, however, such as an assault may be sufficient standing alone. How many incidents you must endure, for how long, and how drastic of an impact those incidents must have on your work environment is case-specific and requires evaluation by an expert.
Contact a Overland Park Sexual Harassment Lawyer
Due to the sensitive nature of sexual harassment and fear of retribution victims often remain silent in their jobs far too long. If you are experiencing sexually demeaning comments or conduct of any kind you should seek assistance from an expert immediately. An experienced Overland Park and Kansas employment lawyer can assist in ensuring the conduct ceases so that you can return to a positive work environment and that your employer holds the harasser accountable. For more information, contact Swartz Law online or by calling (816) 444-8900.
Come to Swartz Law for Help
If you have been a victim of sexual harassment in the workplace, we encourage you to call us today at (816) 444-8900. Swartz Law takes claims of sexual harassment very seriously and we will treat your case with dedication and delicacy.