Sexual harassment and gender discrimination in the workplace can occur in many different ways. It is important for employees to seek counsel and report these incidents appropriately as soon as possible.
Taking proper steps early, including reaching out to a qualified lawyer, is critical to achieving successful outcomes. If the problems persist after you report them, an experienced and aggressive employment law attorney can help you protect your rights. Sometimes that can mean filing a discrimination or sexual harassment claim.
At the law firm of Robert B. Landry III PLC, in Baton Rouge or New Orleans, we advocate aggressively for victims of sexual harassment and gender discrimination in the workplace. By doing so, we not only help our clients recover full compensation, but we also work with them to ensure that others are not subjected to the same treatment.
What Constitutes Sexual Harassment or Discrimination?
Some sexual harassment or gender discrimination is blatant; other incidents are less so, but that doesn't mean they should be permitted.
Federal and state laws say that sexual harassment is unwelcome verbal, visual or physical conduct of a sexual nature that is pervasive and affects working conditions or creates a hostile work environment. This may include unwanted sexual advances, groping and lewd jokes.
In most cases, these actions must be pervasive in order to constitute sexual harassment. An isolated incident may not warrant a sexual harassment claim unless it is serious in nature such as rape or an assault.
Sexual harassment generally falls into one of two categories:
- Hostile environment — A hostile environment is one in which actions by others leave a person so uncomfortable that work performance suffers or a person declines professional opportunities in order to avoid the harasser.
- Quid pro quo — Literally translated as "this for that," it refers to a demotion, termination or another action on the part of a supervisor that is in response to a rejection of a demand for favors of a sexual nature.
What Constitutes Gender Discrimination?
Under provisions stipulated in Title VII the Civil Rights Act of 1964 and the Equal Pay Act, an employer cannot make decisions regarding hiring, terminating, promoting or paying an individual based on gender.
Employers are also required to comply with the law and provide a work environment that is not hostile to employees in any manner.
If you feel that you are a victim of workplace sexual harassment or gender bias, contact us today to schedule an appointment with an experienced employment law attorney. There are strict statutes of limitation in these cases. If you miss a deadline, you may be unable to pursue legal action.