SEXUAL HARASSMENT
You may have a claim of discrimination if your supervisor or a coworker is harassing you because of your race, gender, national origin, age, disability, religion, or because you have previously filed a discrimination complaint.
One of the more common forms of harassment is sexual harassment. There are two types of sexual harassment: hostile work environment and quid pro quo.
Sexual harassment that results in a hostile work environment occurs when a manager or coworker engages in repeated mistreatment or engages in a single instance of severe humiliation or threat of harm. If the repeated harassment or single severe conduct affects your ability to work, courts may consider your working environment to be hostile.
The other type of harassment occurs when a manager with authority over you offers you favorable job terms in exchange for sexual favors. The most concrete example of quid pro quo sexual harassment occurs when your supervisor states that you will be fired unless you have sexual relations with that supervisor.
If you believe you have been subjected to sexual harassment due to a hostile work environment or as a quid pro quo for sexual favors, you should examine your employer’s internal complaint procedures in order for you to report the sexual harassment. You must give your employer the opportunity to investigate your report of harassment under its anti-sexual harassment policy, if such a policy exists, or actually stop the harassment.
If you have been subject to sexual harassment, please contact Lopez & Wu so we may evaluate your employer’s anti-sexual harassment policy or determine whether your employer has taken adequate measures to stop further harassment.