Sexual Harassment

Unwanted advances, suggestive comments, and inappropriate touching can make the workplace unbearable and, in many instances, constitute grounds for pursuing sexual harassment claims against the employers responsible for such behavior. Employers rarely admit liability for sexual harassment, though, and employees pursuing sexual harassment claims must meet a high burden of proof to recover damages. As such, it is critical that anyone harmed by sexual harassment engage an attorney with the knowledge and experience needed to obtain a favorable outcome. The assertive Manchester personal injury attorneys of Stephen Law Group are adept at helping people seek compensation for the losses caused by harassment, and if we represent you, we will craft persuasive arguments on your behalf. We regularly assist people harmed by sexual harassment in the pursuit of damages in Manchester as well as in other cities in New Hampshire, Massachusetts, and Maine.

Federal and state laws protect employees from harassment in the workplace. Specifically, Title VII of the Civil Rights Act of 1964 (Title VII) states that it is illegal for employers to discriminate against individuals with regard to the privileges, conditions, or terms of their employment because of their sex, which includes sexual harassment.

Both New Hampshire and Massachusetts have laws in place prohibiting sexual harassment as well. Under New Hampshire's Law Against Discrimination, sexual harassment is considered a form of sex discrimination, encompassing both quid pro quo and hostile work environment harassment.. Similarly, Massachusetts' General Laws, Chapter 151B, prohibits employment discrimination based on sex, including sexual harassment in the workplace.

Sexual comments and advances, requests for sexual favors, and displaying or sharing lewd or explicit materials are examples of sexual harassment. Notably, both men and women can be sexually harassed by people of either sex. Additionally, while most sexual harassment is sexual in nature, it does not have to be, as inappropriate comments regarding a person’s sex may also constitute harassment.

Generally, there are two types of sexual harassment claims: quid pro quo and hostile work environment. A hostile work environment occurs when sexual harassment is so pervasive that it changes a person’s work conditions. Quid pro quo harassment happens when a person in a position of authority asks a current or prospective employee to participate in sex acts and indicates that the person’s employment status is contingent on how they respond. For example, if an employer threatens to terminate an employee who will not engage in sexual activity, it may constitute quid pro quo harassment.

Victims of sexual harassment can often pursue damages under both Title VII and state law, but the precise claims asserted vary depending on the facts of the case.

Under both federal and state law, the plaintiff bears the burden of proof, and the defendant is not required to set forth any evidence in their favor unless the plaintiff meets this burden. Plaintiffs alleging hostile work environments must show that they were members of a protected group and were subjected to unwelcome sexual harassment, like requests for sexual favors. They must also show that the harassment was based on their sex and was so pervasive or severe that it changed the conditions and terms of their employment, creating a work environment that was discriminatorily abusive.

Plaintiffs alleging quid pro quo harassment for job benefits must prove that they were members of a protected class and were subject to sexual harassment based on their sex as well. They must also show that their reaction to the harassment impacted tangible aspects of their employment. In other words, they must prove that their rejection or acceptance of harassment was a condition to the receipt of job benefits or the cause of an adverse employment action to establish liability for quid pro quo harassment.

Sexual harassment can cause emotional and mental distress and loss of income, and employers who create environments that violate employee rights should be held accountable. If you suffered sexual harassment in the workplace, you should meet with an attorney to discuss your potential claims. The Manchester sexual harassment attorneys of Stephen Law Group are well-versed in what it takes to achieve favorable outcomes in sexual harassment cases, and if you hire us, we will work tirelessly on your behalf. We regularly help victims of sexual harassment seek justice in Manchester and in other cities in New Hampshire and Massachusetts. We serve our clients out of our numerous offices, which are located in Manchester and Concord, New Hampshire; Methuen and North Andover, Massachusetts; and Saco, Maine. You can contact us through our online form or at 877-663-1007 to arrange a conference.