Although Title VII of the U.S. Civil Rights Act made sexual harassment in the workplace illegal as of 1964, it still unfortunately occurs with alarming regularity. Sometimes an employee who is sexually harassed gets fired after refusing to engage in sexual communication or behavior. In that case, the employee can bring a lawsuit for wrongful termination. But what if the employee decides to quit because the harassment is so bad? Or what if the employee can’t afford to quit and must continue working, but the harassment doesn’t stop? In both cases, it may still be possible to bring a lawsuit seeking money damages.

Hostile Work Environment

When your workplace constantly presents you with unwanted sexual communication and acts which are  severe and pervasive enough that they permeate the work environment and interfere with your ability to perform your job, you are working in a “hostile environment” that is prohibited by law.  If you notify your employer about this condition and nothing is done, you can consider filing a lawsuit against your employer seeking money damages to compensate you for this mistreatment and an order from the court that the mistreatment must cease.  Filing such a lawsuit is protected by law. If your employer retaliates against you by firing you or subjecting you to further mistreatment, you will have an additional claim for money damages.

Constructive Discharge

If the work environment is so pervaded with sexual acts and communications that it is intolerable you, forcing you to stop coming to work, that is called “constructive discharge.  Leaving your job under such circumstances is not considered “quitting” by the law, it is viewed the same as if you had been fired. Of course, you must prove that the mistreatment was so bad that a reasonable person would not have continued coming to work, and you should consult with an attorney before making this decision. But if you prove constructive discharge, you have a claim for money damages against your employer including all your lost income.

Emotional Pain and Suffering

Even if your employer does not fire you and you do not quit, you still may have a claim for money damages against your employer for hostile work environment. If your experiences are causing you significant emotional pain and suffering, and if you notify your employer and nothing is done to stop the harassment, you can file a lawsuit against your employer and seek a court order directing the employer to halt the harassment so you can do your job. You can also seek money damages to compensate you for your pain and suffering.

Take Legal Action

If you have followed your company’s policies but harassment continues, you can consider taking action to put a stop to the mistreatment . Pursuing a legal case holds your employer accountable, protects other employees at your job and allows you to obtain monetary compensation for the turmoil you have suffered. Lawyers who specialize in handling sexual harassment cases can represent and advocate for you, while protecting you from retaliation and job loss. Relying on an experienced attorney can give you peace of mind, confidence and support during this time of stress.

Get Compensation

A person who proves they are the victim of hostile workplace can get various kinds of compensation in court.  They can get lost past and future wages, they can get compensation for emotional pain and suffering, and if they can prove the employer’s actions were willful they can get punitive damages.  They can also get their attorneys fees.