Understanding Sexual Harassment Basics for Virginia

Sexual harassment is a traumatic experience. If you or a loved one has experienced sexual harassment, you may be able to pursue a settlement or other legal remedy with the help of a sexual harassment lawyer in Fairfax, Virginia.

Understanding Sexual Harassment in Virginia

Sexual harassment, whether subtle or blatant, is rooted in economic exploitation for an illicit purpose. This deliberate misconduct is illegal under state and federal laws. Sexual harassment, as defined by the US Supreme Court, is unwelcome words or conduct sufficiently pervasive or severe to alter the conditions of employment and creates a hostile work environment.

Because there is a fine line between innocent interaction and sexual harassment, each case needs to be evaluated thoroughly to determine if grounds for a suit exist. For example, a single request for a date is not harassment, even at work. And in some cases, vulgar comments may not be considered harassment. However, stalking and unwanted touching are almost always considered sexual harassment.

[Related: OnlyFans in the Workplace]

Liability for Sexual Harassment

While employers are not automatically responsible for the conduct of every single employee in the workplace, they are automatically liable for sexual harassment by supervisors and harassment by any employee, if the employer knows about it and does not take steps to prevent it and working conditions are affected.

Since the time period for filing sexual harassment claims can be very short and varies by the type of claim and type of employer, it is important to speak to an attorney immediately if you are dealing with sexual harassment.

Key Things to Know

A few things you should know about sexual harassment lawsuits include:

• Sexual harassment cases can be filed in state or federal court.
• A harassed employee can begin her sexual harassment case with the strongest evidence being her own testimony, so long as the jury believes him/her.
• Attorney’s fees are typically awarded in successful sexual harassment cases.
• Employers are required to take action if they have been informed of unwanted sexual attention. If they fail to act, they can be held liable.
• A lawsuit for “retaliation” may be filed if the employer penalized the victim for bringing a sexual harassment claim. This includes termination, cutting hours, performance evaluations, or reassigning the victim instead of the perpetrator.

Sexual Harassment Lawyer in Fairfax VA

If you or a loved one is dealing with unwanted attention, it is crucial to speak to an attorney immediately about your case. Contact Cook Craig & Francuzenko to learn more.