Does Sexual Harassment have to be at Work?
Many people are familiar with the basic concepts of sexual harassment as it occurs in the workplace. What you may not know, however, is that you can still be a victim of work-related sexual harassment even if you’re not at the office or your usual work location.
Harassment: Onsite, Outside the Workplace and Even After Hours
Sexual harassment itself has a variety of definitions, which have evolved through various court rulings over time, and the same applies for the setting. Incidents at work-related activities outside the office, such as business conferences and training sessions, count as sexual harassment.
Less common examples of sexual harassment outside of work that the employer is liable for require an understanding of the work environment boundaries as set by federal law. The boundaries are not defined by physical location but whether what you are doing is part of your role as an employee.
For instance, if you’re harassed by a colleague at a training meeting taking place at someone’s personal residence, the incident is considered sexual harassment away from work. But if you’re harassed by another employee at a private party or while on a personal vacation, your employer may not bear any legal responsibility.
If you’re traveling to an event as part of your job, such as a conference, your employer is responsible for any sexual harassment you experience during the travel time as well as at the location you’re going to. The same applies to traveling in general when you’re doing so as part of your position, such as going to multiple branch offices or store locations.
Protect Your Rights and Get Help
Essentially, if your harasser is a fellow employee, and especially if your harasser is a supervisor, manager, executive or owner, your employer may be legally obligated to address the problem and may be liable for any pain and suffering you experience if they fail to do so. The same may apply to a third party independent contractor whose services your employer is using, as illustrated in the decision of the court in the 2012 federal court case from Puerto Rico calledRosa-Santos v. Puerto Rico Children’s Hospital, Inc.
If your employer fails to protect you and your rights, you may be entitled to damages in court under federal law. An experienced attorney can help you address the situation and get what you deserve. It is important to keep a detailed record of the dates, times and details of any sexual harassment you experience related to your work. This information will help your case and your attorney.