Introduction
Experiencing sexual harassment in the workplace can be both emotionally and professionally devastating. Many employees face intimidation, fear of retaliation, and uncertainty about how to proceed. If you or a loved one has been subjected to harassment in the workplace, a dedicated Nevada sexual harassment lawyer can provide the legal support you need. At Greenberg Gross LLP, our experienced attorneys are committed to protecting the rights of employees and helping them pursue justice.
Victims of harassment deserve to work in a safe, respectful environment. Our firm helps clients navigate the complexities of employment law, file complaints with organizations like the Nevada Equal Rights Commission, and pursue compensation for the emotional distress caused by unlawful harassment.
What Constitutes Sexual Harassment?
Sexual harassment takes many forms, and understanding what constitutes sexual harassment is key to recognizing your legal rights. Harassment can involve verbal or physical conduct of a sexual nature that creates a hostile work environment or involves quid pro quo sexual advances. Here are some key aspects of sexual harassment:
- Quid Pro Quo Harassment: This form of harassment occurs when a supervisor, manager, or person in a position of authority conditions employment benefits (like promotions or raises) on an employee’s submission to sexual advances or sexual favors.
- Hostile Work Environment: A hostile work environment is created when unwelcome verbal or physical conduct related to sex becomes so severe or pervasive that it interferes with an employee’s ability to do their job. This can include offensive behavior, inappropriate comments, and unwelcome advances from a co-worker, supervisor, or even a customer.
Both forms of harassment are illegal under federal law, Nevada law, and the guidelines set by the Equal Employment Opportunity Commission (EEOC).
Examples of Sexual Harassment in the Workplace
Sexual harassment can come in many forms, some of which are subtle and others that are overt. Some of the most common examples include:
- Unwanted Sexual Advances: Requests for sexual favors or any unwanted sexual advances from a supervisor, co-worker, or client.
- Verbal Harassment: Verbal conduct such as inappropriate jokes, sexual comments, or remarks about a person’s appearance, sex, or sexual intentions.
- Physical Harassment: Unwanted touching, groping, or other physical conduct of a sexual nature.
- Offensive Behavior: Posters, images, or objects of a sexual nature displayed in the workplace that contribute to a hostile work environment.
- Quid Pro Quo Requests: Threats of negative consequences (like demotion or termination) if an employee refuses to engage in sexual activity.
If any of these forms of conduct occur at your workplace, you have the right to file a complaint with your human resources department or take legal action with the help of an experienced attorney.
How to File a Sexual Harassment Complaint
Filing a sexual harassment complaint is a critical first step toward justice. While each situation is unique, the general process includes:
- Report to Human Resources: Notify your human resources department of the harassment. Provide as much evidence as possible, including emails, text messages, or witness accounts.
- File a Complaint with the Nevada Equal Rights Commission (NERC): If your employer fails to resolve the situation, you can file a complaint with NERC or the EEOC.
- Consult with an Attorney: Consulting a Nevada sexual harassment lawyer can help you understand your options for filing a claim against the harasser or employer.
- File a Claim for Compensation: With the help of an attorney, you can pursue compensation for lost wages, emotional distress, and other damages.
If you feel that your employer has ignored your complaint or retaliated against you for filing one, you may have the right to pursue a legal claim.
Who Can Be Held Liable for Sexual Harassment?
Liability for sexual harassment can extend beyond the harasser. In many cases, the employer or company can also be held liable for failing to address the harassment or for creating an environment where harassment is tolerated. An employer may be held liable if they failed to properly investigate a complaint or failed to discipline a sexual harasser.
Additionally, individuals in positions of authority, like supervisors or managers, can face personal liability for their actions. This is especially true in quid pro quo cases, where supervisors abuse their authority to demand sexual favors from employees.
Compensation for Victims of Sexual Harassment
If you’ve experienced harassment in the workplace, you may be entitled to compensation. A successful legal claim can provide financial support for the following:
- Lost Wages: If you were demoted, terminated, or forced to leave your job because of harassment, you may be able to recover lost income.
- Emotional Distress: Harassment can cause lasting psychological harm, including anxiety, depression, and mental health struggles.
- Punitive Damages: In extreme cases, courts may award punitive damages to punish employers who engage in willful misconduct.
An experienced attorney can help you assess the value of your claim and fight for the full compensation you deserve.
How a Nevada Sexual Harassment Lawyer Can Help
Pursuing a sexual harassment claim can be intimidating, but an experienced attorney can make the process easier. At Greenberg Gross LLP, our team will:
- Investigate the Harassment: Our team will gather evidence to support your claim, including witness testimony, physical evidence, and documentation of the incident.
- Negotiate with Your Employer: We will handle communications with your employer or their legal team to pursue a fair settlement.
- Represent You in Court: If necessary, we are fully prepared to litigate your case in court to hold the employer and harasser accountable.
Our attorneys have a track record of success in sexual harassment cases, helping clients recover compensation and secure justice.
Frequently Asked Questions (FAQ)
1. What is considered sexual harassment at work?
Sexual harassment includes any verbal or physical conduct of a sexual nature that creates a hostile work environment or involves quid pro quo demands. Examples include unwelcome sexual advances, offensive comments, and requests for sexual favors.
2. What should I do if I’m being sexually harassed at work?
Report the harassment to your employer or human resources department. Document the incidents, keep evidence, and consider consulting with an attorney to explore your legal options.
3. Can I sue my employer for sexual harassment?
Yes, if your employer failed to address your complaint or allowed a hostile work environment to continue, you may be able to sue for damages. Your attorney can explain the best course of action.
4. How long do I have to file a claim for workplace harassment?
The deadlines for filing sexual harassment claims vary depending on the jurisdiction. In Nevada, you may have 180 to 300 days to file a complaint with NERC or the EEOC. Speak with an attorney as soon as possible to avoid missing deadlines.
5. How much compensation can I receive for a sexual harassment claim?
Compensation depends on the severity of the harassment, the impact on your career, and the emotional distress it caused. You may be entitled to recover lost wages, emotional distress damages, and punitive damages.
6. What is quid pro quo sexual harassment?
Quid pro quo harassment occurs when a supervisor demands sexual favors in exchange for job benefits, such as a promotion or pay increase. This form of harassment is illegal and can result in civil liability for the employer and supervisor.
7. Can I file a claim if the harassment was from a co-worker and not a supervisor?
Yes. Harassment from co-workers can still create a hostile work environment. Employers have a duty to address harassment complaints regardless of the harasser’s position.
8. What happens after I file a complaint with the EEOC or NERC?
After you file a complaint, NERC or the EEOC will investigate. If they determine that harassment occurred, they may pursue mediation or litigation on your behalf. You may also be able to file your own lawsuit with the help of an attorney.
9. Do I have to quit my job to file a sexual harassment claim?
No. You do not need to quit your job to pursue a claim. However, if your work environment becomes unbearable, your attorney can help you seek damages for constructive discharge.
10. How can I get started with a Nevada sexual harassment lawyer?
Contact Greenberg Gross LLP for a free consultation. Our experienced team will listen to your story, explain your rights, and guide you through the process of filing a claim.
Contact a Nevada Sexual Harassment Lawyer Today
If you have been sexually harassed at work, you have the right to seek justice. The experienced attorneys at Greenberg Gross LLP are here to help you hold harassers and employers accountable. We are committed to protecting your rights and helping you recover compensation for emotional distress, lost wages, and other damages. Contact us today for a free consultation.