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For the 9 to 5s

My Co-Worker Sexually Harassed Me. Can I Sue My Employer?

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First, you must determine if you have been sexually harassed. Sexual harassment is behavior based on sex that is sexual in nature or creates a hostile work environment, and may include:

  • Unwelcome sexual advances, such as repeated invitations to go on dates or repeated compliments about one’s body
  • Unwelcome touching, such as hugs, kisses, or rubbing 
  • Requests for sexual favors
  • Offensive remarks about a person's sex, including third parties, like other co-workers or clients’ bodies, image, or sexuality
  • Making jokes, comments, or derogatory remarks that are sexual in nature
  • Playing music that is sexually explicit in the workplace
  • Revealing private body parts inappropriately
  • Displaying sexually explicit images in the workplace
  • Sending sexually explicit images and/or jokes via text message, email, and/or social media
  • Promising benefits in exchange for sexual favors
  • Retaliation or threat of retaliation if sexual advances are rebuffed

Second, if the harassment is by a non-supervisor, you must first report it to your employer (preferably via email/text) first. You may only sue your employer if after you report it, your employer fails to investigate and take reasonable action to stop the harassment. On the other hand, if the harassment is by a supervisor, you may be able to sue your employer without reporting the harassment.

Speak to an experienced employment attorney before taking any action to protect your rights to a lawsuit. Contact Luna Legal Firm P.C. for a free phone consultation at info@lunalegalfirm.com.

Disclaimer: This is attorney advertising. This does not constitute a guarantee, warranty, or prediction regarding your legal matter. This does not constitute legal advice nor does it create an attorney-client relationship. This is intended to serve as general public information. The laws on these subject matters change periodically, thus this information may not be up to date. Advertising by Luna Legal Firm P.C., 16501 Ventura Blvd. Suite 400, Encino, CA 91436.