What to Do if You’re Being Sexually Harassed by Your Boss
What to Do if You’re Being Sexually Harassed by Your Boss
Sexual harassment can occur anywhere at any time. Victims of sexual harassment are often women, but they are not the only victims of unwanted sexual advances. Sexual harassment in the workplace is not uncommon and it can cause problems for people who are simply trying to do their job. In some cases, sexual harassment comes from your boss, making a solution to your problem much more difficult to find.Your employer is usually the person you go to for help with problems in the workplace. Many victims of sexual harassment are left wondering who they can turn to for help when their boss is the one sexually harassing them. Checking with your human resources department is a good start, but you should also speak with an attorney. It may be possible to file a personal lawsuit over your sexual harassment claims. The exact nature of your claims and how your case will progress will depend on your unique situation.Every sexual harassment case is different. For some, the harassment is an annoyance that interferes with important work duties. For others, the harassment may take a significant toll on their mental health and can interfere with job opportunities or promotions. Sexual harassment may also come with criminal components if the unwanted advances turn physical or constitute criminal harassment.Sexual Harassment from a Boss or EmployerSexual harassment is a broad term that encompasses many different forms of unwanted sexual advances. Sexual harassment often includes rude sexual remarks from your employer about your physical appearance. Sometimes, these kinds of remarks can be passed off as innocent flirting or just crude jokes. However, when the behavior persists over time and the harassment results in adverse employment decisions, you may have a case for a sexual harassment lawsuit.Sexual harassment from a boss or employer is especially problematic because your boss is usually the person in charge of your job duties and may approve or deny you work promotions and pay raises. In some cases, when someone calls out their boss’s sexual harassment, their boss retaliates by making their work-life more difficult. By filing a lawsuit for sexual harassment, you may claim damages for missed job opportunities or even being unfairly terminated. If successful, you could recover any wages you lost or missed out on due to the sexual harassment.Before beginning a lawsuit, it is important to examine all possible avenues for solving the problem. Sometimes, courts will look to see if you have exhausted all possible remedies before taking steps to file a lawsuit. For example, if you do not contact your human resources department about your employer’s behavior, your case may be severely weakened.The Statute of Limitations on Sexual HarassmentAs with most legal claims, you have a limited amount of time to file your sexual harassment claims against your boss. Exactly how long you have may be a bit unclear at first as the time limit is influenced by state law, federal law, and the nature of the harassment.Under the U.S. Equal Employment Opportunity Commission’s rules, you must file your claim within 180 days of the sexual harassment or discrimination. This time may be extended to 300 days, depending on the laws of your state.Sexual harassment is often repetitive and may be ongoing. If that is the case, the clock starts over for every incident of sexual harassment. In other words, the statute of limitations for sexual harassment begins to run starting on the date of the most recent incident. If you are unsure about how the statute of limitations applies in your own case, speak to a lawyer as soon as possible.Pressing Criminal Charges in Connection to Sexual Harassment ClaimsDepending on how your boss has been sexually harassing you, you may find yourself in the middle of a criminal case in addition to your civil lawsuit. Sexual harassment commonly involves making unwanted sexual comments to another person. Sometimes, the harassment turns physical and becomes a criminal offense.
Example of sexual harassment; U.S. Army photo by Timothy L. Hale/Released, via Army.mil, public domain.
About Andrew Shubin
Andrew Shubin is an institutional sexual assault lawyer with decades of experience handling large scale cases. He is committed to defending the rights of those who were harmed or taken advantage of. Call Mr. Shubin today to get a free consultation.