1. What is sexual harassment?

Sexual harassment is generally defined as unwanted sexual contact that was severe or pervasive enough to create an abusive environment for the employee.


2. Who can sue for sexual harassment in the work place?

Any employee can sue for sexual harassment.


3. I am female and was harassed by another female. Can I still file a claim against this person?

Both male and female employees are protected by sexual harassment laws, even if the employee was harassed by a member of the same sex.


4. Does there have to be a physical touching for sexual harassment to occur?

No. Sexual harassment can include requests for sexual favors, unwanted sexual propositions, or derogatory comments about a person's body, appearance or sexual activity. (Items such as derogatory cartoons or drawings have been found sufficient to create a hostile environment for some, thus creating a valid claim for sexual harassment.)


5. Does the sexual harassment have to be directed at me in order to file a claim?

If sexual harassment affects your work environment, you may have a claim even if the harassing conduct was not directed at you personally.


6. What if the only evidence I have is my word against another's word? Can I still win my case?

Yes, especially if you are more credible than the harasser. However, it does help if there are witnesses to the offensive conduct.


7. Can I get fired for filing a sexual harassment claim?

Absolutely not! Laws against retaliation for reporting sexual harassment are even stronger than the laws that prevent the harassment from occurring. Employers are strictly prohibited from retaliating against anyone who has filed a sexual harassment or discrimination complaint. Simply put, if you have been retaliated against, you have yet another cause of action to file.


8. What do I need to do to protect my rights if I have been sexually harassed?

It is wise to speak with an attorney immediately. It is important that the administrative claims are filled out properly and an attorney can help you do this. If you want to try and work it out with your company first, be sure to report the harassment to the human resources department of your company right away.


9. Do I have to go to trial?

Not necessarily. Most cases are settled prior to going to trial.


10. Is there a time limit in which I need to file my claim?

This varies state to state, but generally speaking, a plaintiff must file a complaint within one year of the harassing conduct.

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