SEXUAL HARASSMENT

SEXUAL HARASSMENT IN THE WORKPLACE

What is Sexual Harassment?

Although sexual harassment can take many forms, the law recognizes two types:

Quid pro quo: this is when submitting to the sexual harassment is the basis of employment decisions, like getting a raise or being terminated; and
Hostile environment: a hostile environment occurs when sexual harassment causes an offensive work environment, such as through the use of harassing comments or lewd emails or text messages.

Both types of sexual harassment are illegal under Arizona state law and the federal Civil Rights Act. Arizona law further protects workers by preventing use of a non-disclosure agreement (NDA) to hide sexual harassment.

What do I do if I have experienced sexual harassment at my job?

If you are an Arizona employee who has experienced sexual harassment at your job, you may fear retaliation if you report the offending person(s) or you may feel that, because of the perpetrator’s position in the company, you do not have an avenue for recompense.

Through sexual harassment legal action, you can defend your right to work in a harassment-free workplace. You may also be entitled to the following compensation:

Back pay (including wages, benefits, vacation pay, and other types of past compensation that is owed)
Front pay (future earnings)
Attorney fees
Court fees
Compensatory damages (such as pain and suffering, therapy bills, and more)
Punitive damages (an amount of money designed to deter the employer from continuing the behavior with other employees)

Stand Up for Your Rights.

At Robinson Law Offices, we believe that every Arizona employee has the right to a workplace that is free from sexual harassment. That’s why we pride ourselves on our commitment to protect workers and their jobs from illegal practices.

We offer one-on-one consultations with an experienced Arizona employment lawyer and specialized knowledge of federal, state and local laws. To schedule a consultation with a sexual harassment employment lawyer, contact our office today.

Every employee has the right to a harassment-free workplace. When an Arizona worker does experience sexual harassment, an employment lawyer can help you seek compensation from your employer and hold your employer accountable for illegal practices.

Q&As

Q: What is sexual harassment? A: Sexual harassment can include a variety of behaviors, including unwelcome sexual advances, unwanted touching, frequent offensive remarks about a person’s sex, threats of sexual violence, lewd gestures or remarks, requests for sexual favors, etc. There are two main types of sexual harassment: (1) quid pro quo and (2) hostile work environment. Quid pro quo means a person, usually of a higher position, asks a person who is positioned lower, to perform a sexual favor in exchange for some sort of work benefit like a promotion or raise. To violate federal law, a hostile work environment means that the conduct is so severe or pervasive, that a reasonable person in the same position would find the situation to be abusive.

Q: What constitutes a hostile work environment? A: In the context of sexual harassment, a hostile work environment arises from unwanted, offensive conduct. The environment must be so severe and pervasive that it becomes intimidating, often becoming something a worker must endure as a condition of staying in the role. Typically, the actions would either be severe or pervasive, repeating often enough to interfere with the worker’s ability to perform their duties. In Arizona, the burden of proof lies with the worker to show the conduct was unwelcome, discriminatory and sufficiently severe or pervasive to create a hostile work environment.

Q: What laws protect workers from sexual harassment? A: Sexual harassment in the workplace is prohibited under both federal and state law. Title VII of the Civil Rights Act of 1964 forbids such harassment nationwide, while the Arizona Civil Rights Act, § 41-1463 et seq., provides similar protections in Arizona. Additionally, Arizona law limits the use of non-disclosure agreements (NDAs), ensuring employees are not prevented from cooperating with law enforcement or participating in criminal proceedings related to sexual offenses.

Q: How can I explain the sexual harassment took place and where do I report it? A: Reporting sexual harassment in the workplace is an important step in addressing the issue and ensuring a safe work environment. First, employees should document the harassment by keeping a detailed record of incidents, including dates, times, locations, and the individuals involved. Next, review the company’s sexual harassment policy to understand the reporting procedures and identify the appropriate contact person, often in HR or management. After reviewing the policy, report the harassment internally, being as clear and specific as possible about the incidents. If internal reporting does not lead to a satisfactory resolution, employees can file a complaint with external agencies, such as the Equal Employment Opportunity Commission (EEOC) or the Arizona Civil Rights Division, which can investigate the claim. Seeking legal counsel from an attorney specializing in employment law can also be beneficial to understand your rights and explore legal options.

Q: What kind of evidence do I need to prove sexual harassment? A: It is important to begin documenting the harassment as soon as it occurs. Be sure to record key details such as dates, times, context, and any witnesses. It’s also valuable to note any physical or emotional reactions you experienced as a result of the harassment. If there are any text messages, voice messages, videos, or other forms of evidence that demonstrate the harassment, make sure to collect and save them. Additionally, performance reviews or written feedback that include evidence supporting your claim of harassment can also be helpful in strengthening your case. Keeping thorough documentation is essential for supporting your complaint and ensuring that your concerns are taken seriously.

Q: What do I do if I report the sexual harassment and I am retaliated against by my employer? A: This is a violation of Federal and State law, and you should contact an experienced attorney to review your claim and decide on the best course of action to pursue.

Q: What can I stand to recover for workplace sexual harassment? A: There are several remedies available including job reinstatement, back pay, front pay (future earnings), compensatory damages for emotional distress, punitive damages, attorney’s fees and court fees.

We Protect Arizona Employees’ Rights

At Robinson Law Offices, we believe that every Arizona employee has the right to be free from discrimination in the workplace. That’s why we pride ourselves on our commitment to protect workers and their jobs from illegal practices.

We offer one-on-one consultations with an experienced Arizona employment lawyer and specialized knowledge of federal, state and local laws. To schedule a consultation with an employment discrimination lawyer, contact our office today.