New Orleans Sexual Harassment Lawyer
Representing victims of harassment and abuse throughout Louisiana
Workspaces are supposed to be safe. When employees harass one another, they can create a hostile work environment, and the employers can be held liable for these conditions. As an employee, you are protected by state and federal laws which prohibit harassment. If your rights are violated, Minias Law is here to help. We will fight to uphold your rights, and to make sure that your workspace is safe. Contact us to schedule a consultation with a New Orleans sexual harassment lawyer today.
What is harassment?
Harassment is unwanted, offensive behavior. Title VII of the Civil Rights Act of 1964 prohibits harassment based on protected status in the workplace. It is a form of discrimination.
It is unlawful to harass a person (an applicant or employee) because of that person’s sex. Harassment can include “sexual harassment” or unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature.
Harassment does not have to be of a sexual nature, however, and can include offensive remarks about a person’s sex. For example, it is illegal to harass a woman by making offensive comments about women in general.
Although the law doesn’t prohibit simple teasing, offhand comments, or isolated incidents that are not very serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted).
The harasser can be the victim’s supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer.
Who can be a victim of sexual harassment?
Both victim and the harasser can be either a woman or a man, and the victim and harasser can be the same sex.
Who can be a perpetrator of sexual harassment?
Any employee, including supervisors, executives, and coworkers. Sexual harassment can also be perpetrated by outside vendors, contractors, site visitors, or other individuals.
What are examples of sexual harassment in Louisiana workplaces?
The first example most folks think of when they hear “sexual harassment” is usually the male supervisor making sexually explicit comments about the female employee. Sometimes, harassment is this explicit; other times, it can masquerade as something else. This is why some many victims hear things like “Can’t you take a joke?” and “Don’t be so sensitive” when they express discomfort.
Aside from direct sexual advances, sexual harassment can include:
- Sharing sexually explicit photos, videos, “jokes,” or other material through email, texting, or software programs
- Telling sexually explicit jokes or stories
- Using sexually explicit language to describe other people, or when speaking to the employee
- Inappropriate touching
- Using inappropriate gestures
- Making “catcalls,” wolf whistles,” and other sounds designed to target a person’s sex, gender, gender identity, or appearance
- Asking inappropriate questions about a person’s sex, gender, gender identity, or sexual activities
- Ogling or leering
- Insulting, mocking, or putting down people based on their sex, gender, gender identity, or appearance
Is it harassment or not?
Not all bad behavior will rise to the level of sexual harassment. A coworker who sends an inappropriate joke via email may have exercised bad judgment, but he or she is not guilty of sexual harassment because of an isolated event. If this type of behavior is pervasive, however, you could potentially have a claim.
There is also a difference between sexual harassment and sexual abuse. The supervisor who comments on your outfit every day, or insists on touching your waist every time he or she walks by may be guilty of sexual harassment; the employee who physically assaults you commits an act of sexual abuse, and may be subject to criminal penalties as well as a civil lawsuit.
I’ve been a victim of sexual harassment; what do I do?
The first thing you should do is write down everything that happened. Next, contact your Human Resources department and inform them of the problem. If your company does not have an H.R. department, contact your employer or supervisor. Doing this will allow you to build a record of the harassment, as well as the steps you took to have the issue corrected.
Once you contacted your H.R. department or supervisor, you can file a claim with the Equal Employment (EEOC) Opportunity Commission or the Louisiana Commission on Human Rights (LCHR). Generally, you have 180 days to file a claim with the LCHR and up to 300 days to file with the EEOC, but the timelines may be shorter, so it is best to file your complaint as quickly as possible.
The EEOC has 10 days to contact your employer and request a response to your complaint. Depending on how the employer responds, the EEOC may decide to investigate your complaint. This can take a few months.
If the EEOC or LCHR decides not to pursue charges, you can file a lawsuit against your employer. You only have 90 days from receipt of the EEOC or LCHR’s decision to file that lawsuit. Further, you can only file a federal lawsuit if the EEOC chooses not to pursue your claim.
Should I hire a New Orleans sexual harassment attorney?
If you decide to pursue a lawsuit against your harasser and/or your company, hiring an employment attorney is a smart move. As clear as the laws are, there are plenty of “loopholes” that the defendant’s legal team can exploit to fight your claim.
At Minias Law, we put our skills, resources, and experience to work for you, building a case based on:
- Written reports submitted to HR
- Email, text, and video documentation of the harassment
- Sworn statements offered by colleagues or others who witnessed the harassment
- Documentation of any off-hours harassment via social media
- Complex analysis of the company’s policies
- In-dept understanding of the state and federal laws and regulations governing acceptable workplace behavior
A successful claim may entitle you to damages, such as attorneys’ fees, associated medical costs, and lost wages. It can also accomplish much more, by forcing a company to reevaluate its employees’ behavior and its role in creating a hostile work environment. We are ready and able to help you fight back, and to take back control of your future.
Were you sexually harassed at your New Orleans workplace? Call us today for help. Sexual harassment is illegal in Louisiana. If you have been a victim of harassment, you have options. Minias Law wants to help.