Sexual Harassment Lawyers: How Individuals Can Get Help
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Author: Kathryn Kosmides
- Sexual harassment lawyers help victims navigate the legal process, communicate with employers, gather evidence, file complaints including with the EEOC, represent the victim in any legal hearings, and negotiate terms including financial compensation.
- To prove sexual harassment, four factors have to be present: the behavior was unwelcome, of a sexual nature, severe or pervasive enough to create a hostile work environment, and there is a basis for employer liability. A lawyer can help you understand if your specific situation.
- When choosing a sexual harassment lawyer, consider their experience, case results, client reviews, communication skills, and approach. It’s also important to ask about their fees and if they work on a contingency basis. Most law firms who represent sexual harassment victims work on either full contingency or a small retainer and the rest covered under a contingency agreement.
Workplace sexual harassment is a serious offense that can contribute to a stressful, scary, and hostile environment. Sexual harassment can be verbal, written, visual, and physical. If you’re a sexual harassment survivor, you have the right to pursue legal action to get justice and compensation.
Sexual harassment lawyers can be a valuable asset when pursuing legal action, but finding an attorney who is the best fit for your case may feel overwhelming. Contact Helping Survivors to learn more about how to get connected to a trustworthy sexual harassment lawyer.
What Constitutes Sexual Harassment?
The Equal Employment Opportunity Commission defines sexual harassment as “unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature.”
How Sexual Harassment Lawyers Can Help
After facing sexual harassment, figuring out the next steps to take can be difficult. Contacting an attorney specializing in sexual harassment cases can help you navigate the process. A sexual harassment attorney will assist you at each step of the way, including:
- Communicating with your employer about workplace harassment
- Investigating your case and gathering evidence to support your claim
- Filing a complaint with the Equal Employment Opportunity Commission
- Reviewing termination letters or disciplinary measures that may arise after a workplace harassment complaint is initiated
- Filing a civil lawsuit
- Representing you in court proceedings
- Negotiating for the compensation you deserve
What Are the Types of Sexual Harassment?
There are three main types of sexual harassment: verbal or written, visual, and physical.
Verbal or Written
Verbal or written sexual harassment includes offensive or sexually explicit comments or messages. Here are some examples of verbal or written sexual harassment:
- Sexually suggestive emails or text messages
- Questions about one’s personal or sexual life
- Offensive or unwanted explicit jokes
- Quid pro quo favors or actions, such as when a manager or someone in a position of authority offers a promotion or special treatment in exchange for sexual favors
- Whistling or catcalling
This is not an exhaustive list of types of verbal or written sexual harassment. If an individual’s actions are of a sexual nature, unwanted, and not consensual, it may count as verbal or written sexual harassment.
- What Constitutes Sexual Harassment?
- How Sexual Harassment Lawyers Can Help
- What Are the Types of Sexual Harassment?
- Who Can Make a Sexual Harassment Claim?
- The Four Elements of a Sexual Harassment Case
- What To Know About Hiring a Sexual Harassment Lawyer
- Qualities To Look For When Hiring a Sexual Harassment Lawyer
- How To Choose a Sexual Harassment Lawyer
- Questions To Ask Before Hiring a Sexual Harassment Attorney
- Want To Speak With A Lawyer?
Visual
Visual sexual harassment involves explicit or unwanted images, such as exposing someone to pornography, suggested videos and pictures, or offensive hand gestures.
Physical
Physical sexual harassment can involve various types of inappropriate touching. All forms of physical contact that occur without consent may be considered sexual harassment. This contact can include:
- Groping or grabbing
- Kissing
- Massaging any body part
- Invading personal space or standing uncomfortably close
- Hugging
- Physical or sexual assault
Who Can Make a Sexual Harassment Claim?
When sexual harassment occurs in the workplace or another institutional environment, including a school or public space, the victim can file a sexual harassment claim with the Equal Employment Opportunity Commission. If the victim experienced retaliation after reporting sexual harassment, filing a lawsuit may be appropriate.
The Four Elements of a Sexual Harassment Case
When trying to win a civil sexual harassment case, there are four legal elements that you and your sexual harassment attorney must try to prove:
- The harassment was because of sex: Because workplace sexual harassment constitutes sexual or gender-based discrimination, your attorney will try to establish that the harassment occurred because of your sex. It is important to prove that harassment and discrimination were motivated by gender-based bias.
- The harassment was severe or pervasive: Courts generally require that sexual harassment rises to the level of severe or pervasive, meaning that it interferes with an employee’s ability to function in their work environment. This standard aims to filter out sexual harassment claims related to one-off or occasional inappropriate incidents.
- The harassment was unwelcome: You and your attorney will work to establish that the sexual harassment was unwanted or non-consensual.
- The employer is liable: When sexual harassment occurs at work, the employer may be liable for fostering an unsafe work environment. An employer can be liable if they fail to properly respond to your reports of harassment.
What To Know About Hiring a Sexual Harassment Lawyer
Seeking justice after sexual harassment may be overwhelming. Having a sexual harassment lawyer on your side can help alleviate stress and confusion for the victim and their family.
Hiring a sexual harassment lawyer is beneficial for many reasons. An experienced attorney will handle the complex filings and other legwork involved with initiating and winning a sexual harassment case.
Additionally, your attorney can help put a barrier between you and the employer you are suing. The employer must communicate with you through your attorney rather than directly.
Finally, maintaining experienced legal representation increases the likelihood of a sizable settlement.
Qualities To Look For When Hiring a Sexual Harassment Lawyer
There are several traits worth considering when you seek a high-quality sexual harassment lawyer. A strong professional reputation and good reviews from past clients are important qualifications. The lawyer also should exhibit strong and responsive communication skills and a compassionate and professional approach.
How To Choose a Sexual Harassment Lawyer
It’s important to choose a sexual harassment lawyer with a strong track record in helping victims get justice. Here are some factors you can consider:
- Prior case results and settlement amounts
- Testimonials and reviews from past clients
- Years of experience and accolades
- Website content
- The size of the law firm
- Their rates
Of course, you want a firm with significant experience, solid results, and helpful resources on their site.
There are pros and cons to both big and small firms. Big firms have more resources to handle your case but may offer less personalized treatment, presenting certain communication challenges. Small firms may not have the level of recognition and resources as larger ones, but they often provide more cost-effective and specialized services.
Rates vary depending on the law firm and where you file your sexual harassment lawsuit. Some lawyers will agree to work on a contingency basis, meaning that you only pay them after they recover compensation for you.
Helping Survivors can help you find a sexual harassment attorney with a strong professional record. Contact us to connect with experienced sexual harassment lawyers.
Questions To Ask Before Hiring a Sexual Harassment Attorney
Before hiring a sexual harassment attorney, you’ll want to schedule a consultation to ensure they’re the right fit. Some important early questions to ask include:
- How long have you been practicing?
- How long should this process take?
- What do you expect the process to look like?
- Can you estimate the value of my claims?
- How much do you estimate the case will cost? What legal fees do you charge?
Contact Helping Survivors to get connected to experienced sexual harassment lawyers.
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