Although a co-worker might only attempt to be “friendly,” there are situations when another employee or employer’s actions can become overbearing and uncomfortable. In many situations, this could be considered sexual harassment. If another worker’s behavior towards you has made you feel uncomfortable, you might be wondering if you have a sexual harassment case. Our Birmingham employment law attorneys explain what you need to have a valid sexual harassment claim.
What Is Considered Sexual Harassment?
According to the U.S. Equal Employment Opportunity Commission (EEOC), it is unlawful to harass a job applicant or employee because of their sex. Sexual harassment occurs when you receive unwelcome sexual advances, requests for sexual favors, or any other verbal or physical harassment. Comments or slurs don’t have to be directed to you as an individual. For example, if another worker or employer makes comments about women or men in general, it would still be considered sexual harassment.
Do I Have a Valid Sexual Harassment Claim?
To have a valid sexual harassment claim, you must be able to demonstrate that the unwanted conduct has severely impacted your work performance or the terms and conditions of your employment. If you were in a quid pro quo situation, you must file your claim within a year of the incident. Quid pro quo is when an employee is promised a job benefit in exchange for sexual activity.
The best way to determine if you have a valid sexual harassment claim is by having an experienced attorney on your side. Our team at Michel | King can analyze your situation and help you determine your best course of action. If you haven’t been able to advance in the company and you’ve been denied benefits because you rejected sexual advancements or because you were discriminated against, you are entitled to seek compensation.