Could My Employer be Liable for Sexual Harassment in the Workplace?

Sexual harassment in the workplace is a serious issue that can lead to debilitating emotional and psychological effects on employees. Not only does it disrupt the work environment, but it also compromises the safety and well-being of the victims. If you are experiencing sexual harassment at work, it’s crucial to understand your rights and how an attorney can help you hold your employer liable if necessary. At Marshall Forman & Schlein LLC, we provide the support you need to navigate these challenging situations.

Understanding Sexual Harassment and Hostile Work Environment

Sexual harassment encompasses a range of unwelcome behaviors, including inappropriate jokes, comments, physical advances or any conduct of a sexual nature that creates an intimidating, hostile or offensive work environment. According to the U.S. Equal Employment Opportunity Commission (EEOC), harassment becomes unlawful when enduring the offensive conduct becomes a condition of continued employment or when the conduct is severe or pervasive enough that a reasonable person would consider the work environment intimidating, hostile or abusive.

The consequences of sexual harassment are far-reaching, affecting victims’ mental health, job performance and overall well-being. Victims often experience anxiety, depression and decreased job satisfaction, leading to increased absenteeism and lower productivity. In severe cases, individuals may feel compelled to leave their jobs to escape the hostile environment, which can result in financial hardship and career setbacks.

How Employers May Enable a Hostile Work Environment

When employers ignore complaints of sexual harassment, they inadvertently enable a hostile work environment. This negligence can manifest in various ways, including failing to investigate reported incidents, dismissing complaints without proper consideration or not implementing appropriate measures to prevent further harassment. By neglecting their responsibility to address such issues, employers make it challenging for victims to perform their job duties effectively and safely.

Employer Liability for Failing to Address Sexual Harassment

Employers have an obligation to provide a safe and respectful work environment. When they fail to address sexual harassment, they may be held liable under federal and state laws. In Ohio, for instance, the law protects workers from hostile or discriminatory work environments and mandates that employers take swift and effective action to address harassment complaints.

Recognizing Employer Liability

To hold an employer liable for sexual harassment, it must be demonstrated that:

1. The employer knew or should have known about the harassment: This includes direct reports from employees and any behavior that management should have reasonably been aware of.
2. The employer failed to take appropriate corrective action: This involves not investigating the complaint thoroughly, not taking steps to prevent future harassment or retaliating against the victim for reporting the harassment.

At Marshall Forman & Schlein LLC, our experienced attorneys can help you gather the necessary evidence to establish these points and build a strong case against your employer.

Seeking Legal Assistance

If you believe that your employer has neglected their duty to address sexual harassment in the workplace, it is essential to seek legal counsel promptly. Our team at Marshall Forman & Schlein LLC is dedicated to fighting for your rights and ensuring that you receive the justice and compensation you deserve. We will review the details of your case, provide you with an informed legal opinion and develop a comprehensive strategy tailored to your specific needs.

Talk to an Attorney Today

Sexual harassment in the workplace is not only a violation of your rights but also a significant impediment to your professional and personal well-being. Employers who fail to address such behavior contribute to a hostile work environment and can be held liable for their negligence. If you are facing sexual harassment at work, contact Marshall Forman & Schlein LLC for a free consultation. Our compassionate and experienced attorneys are here to support you every step of the way so that your voice is heard.