When Congress passed Title VII of the Civil Rights Act of 1964, its intent was to prohibit discrimination against protected classes for skin color, race, religion, national origin, gender, and sex. Other legislation addressed disabilities and age discrimination. Over time, federal law that prohibits employment discrimination for these characteristics came to prohibit harassment, including sexual in nature, as well.
Sexual harassment, according to the Equal Employment Opportunity Commission (EEOC), occurs when an employee or applicant for a job is subjected to unwelcome sexual advances or requests for sexual favors, and other sexually charged harassment, such as constant comments about someone’s physical attributes. The perpetrator and target can be of either sex. If you are experiencing demeaning comments, physical encroachment into your personal space, or outright propositions, an Atlanta workplace sexual harassment lawyer at the Feldman Legal Group can curtail the inappropriate behavior. Our workplace harassment attorneys are ready to protect your rights.
Establishing a Pattern of Sexual Harassment
To engage in a Title VII Civil Rights Act action, an employee must work for a company that employs at least 15 people. An occasional crude joke or comment may not amount to sexual harassment, according to the EEOC. Unacceptable behavior must be frequent and egregious enough to create a toxic or hostile work environment, or, alternately, the behavior must cause the offended person who complains or remains a target to be demoted or fired. Consensual flirting with a co-worker is not sexual harassment, nor is one touch of a co-worker’s hair or one crude joke told in the break room.
For bad actions to be severe enough to file a sexual harassment claim or lawsuit, an attorney must show:
- The behavior of the aggressor must be frequent and severe, creating a hostile or offensive work culture
- The egregious conduct turns into a condition of continued employment, as in granting sexual favors to secure one’s job or promotion
- The sexual harassment is so imbedded in the company’s culture that a reasonable person would be intimated or considered subject to abuse
- The target of sexual harassment is demoted or fired for no reason
When assessing whether sexual harassment has been committed, the court will consider whether the act has been an intimidating factor for an employee and if there is a risk for it to taint the workplace culture. An attorney in Atlanta could help an employee determine whether what they are enduring amounts to legal action.
Sexual Harassment is More than Trying to Procure Sexual Favors
Most people assume sexual harassment only occurs when one employee or manager solicits sexual acts from another, unwilling employee, but the law looks at it with a wider lens.
When a supervisor or another employee constantly tells smutty jokes that make others uncomfortable, hangs sexually provocative pictures, such as a calendar where everyone sees it, or routinely comments on someone’s body in front of everyone in the workplace, sexual harassment may be happening. A sexual harassment lawyer in Atlanta could upend these hostile workplaces by filing regulatory complaints and seeking damages by filing civil lawsuits.
Quid Pro Quo Sexual Harassment
The EEOC recognizes a special type of behavior called quid pro quo sexual harassment. This has pervaded all industries and is best illustrated by the casting couch in the film industry. Employees get hired or a prime part if they submit to the sexual demands of their bosses. In these cases, qualified job candidates who did not get the position can also sue for unlawful sexual discrimination.
Call an Atlanta Workplace Sexual Harassment Attorney for Accountability
Mitchell Feldman has built a thriving team on the premise that when the balance of power is skewed, his firm champions the person who cannot act without risking harassment or job loss. We are just as comfortable fighting for justice in negotiations, before regulatory boards, including the EEOC, and in a court of law.
We can fight for you. If you have been victimized by another employee. a predatory boss, a vendor, or a customer who patronizes your company, call us. We have a reputation for righting wrongs in employment settings. An Atlanta workplace sexual harassment lawyer with the Feldman Legal Group is available to listen now. Reach out to our team today.