You Don’t Have to Suffer in Silence.
You have a right to work in a safe workplace free from sexual harassment. Title VII of the Civil Rights Act provides protection for employees against sexual harassment – a form of sex discrimination.
Sexual harassment can be broadly defined as unwelcome sexual advances, requests for sexual favors, and other unwelcome verbal or physical conduct because of a person’s sex. Current law recognizes two types of unlawful sexual harassment: quid pro quo and hostile work environment.
Quid pro quo harassment occurs when a superior suggests that an employee do something of a sexual nature in return for something that benefits the employee at work or to avoid a negative outcome. Examples of benefits include promotions, raises, bonuses, and more favorable work assignments. Examples of negative outcomes include pay reductions, non-payment of a bonus, disciplinary actions, demotions, less favorable job assignments, and terminations.
Hostile work environment is the result of an employee being subjected to unwelcome conduct due to sex which is severe or frequent enough to create intimidating or offensive work conditions, or result in an employment action such as a firing, demotion or disciplinary action. Generally, one instance of harassment is not sufficient to constitute a hostile work environment, unless the conduct is very serious, such as a physical assault.
Examples of Conduct That May Create a Hostile Work Environment:
- Sexually explicit jokes or name-calling
- Personal questions of a sexual nature
- Implying that how an employee responds to a sexual advance could affect their employment
- Requests for sexual favors
- Unwelcome written messages
- Sharing lewd images or videos
- Displaying obscene material
- Inappropriate gestures
- Unwelcome sexual advances
- Excessive eye contact
- Unwelcome touching
- Physical assault
With sexual harassment claims, the sex, sexual orientation and gender identity of both the victim and the harasser can be the same or can be different. Also, the harasser can be the victim’s manager, co-worker, or even a non-employee.
Employers are obligated to investigate employee complaints of sexual harassment. However, employer investigations are often flawed. And, unfortunately, victims and witnesses of sexual harassment are often hesitant to report harassment for fear of retaliation.
Under Title VII, private sector employees must file a charge with the Equal Employment Opportunity Commission (EEOC) within 180 calendar days of a discriminatory action. You will forfeit important legal rights if you do not file a timely charge with the EEOC. If you’ve already missed a deadline, call to discuss your options.
If you’ve been subjected to the pain and indignity of sexual harassment, contact Rich Daugherty. You don’t have to face this alone. He will fight to protect your rights.
Whether your employment has been wrongfully terminated, you’re in fear of losing your job unlawfully, or you’re stuck in an untenable situation, contact Rich. He will be by your side every step of the way to reach a fair resolution of your case. In addition to litigating cases, Rich has negotiated confidential severance agreements favorable to his clients.
Rich offers a one-on-one relationship with his clients. When you contact his office, you will speak directly with him.
You can arrange for an initial phone conference at no charge.
Rich represents individuals from across North Carolina, including Raleigh, Durham, Wilmington, Greensboro, Winston-Salem, Charlotte, and more. He is available to meet with prospective clients outside of Chapel Hill when circumstances permit. Evening appointments are also available.