Every year, there are more than 12,000 complaints about sexual harassment received by the EEOC.
This number is only for federal cases and do not even include state handled complaints.
In addition, many of these sexual harassment charges are against bosses and managers.
Sexual harassment against authority figures usually falls under the "Quid Pro Quo" type of sexual harassment.
This refers to sexual harassment acts that are directly linked to an employment benefit such as promotion, compensation and benefits, job security and termination.
To prove a sexual harassment charge, there are several elements that you need to prove.
First you have to prove that the acts of the alleged harasser were sexual in nature including:
- Inappropriate touching
- Asking for sexual favors
- Promising promotion or pay increase in exchange for sexual favors
- Threats of violence if you do not consent to sexual advances
- Threat of termination if you do not consent to sexual advances
Second, the sexual act allegedly done by the boss or manager is unwanted.
You can prove that the act is unwanted by showing that:
- You are suffering from emotional distress
- Your job efficiency is affected negatively
- You confronted your boss or manager that the acts are unwelcome
- You told friends, family or co-workers about the harassment
- You reported the alleged harassment trough a supervisor, the Human Resources Department or through the internal grievance system of the company.
Even if you succumb to the sexual advances of your boss or manager eventually, the sexual harassment charge can still be proven (albeit a little more difficult).
As long as you can prove that you had no choice but to agree with the condition set by your boss or manager then the case can still be won.
Once you proven those two elements, you can be awarded some damages to compensate you for what you have suffered.
- Compensation for lost income and other job related losses such as promotions and pay increase.
- Compensation for physical, mental and emotional injuries
- Obtain punitive damages to punish harasser.
- Attorney fees and other legal costs.
- Harasser will be given demand to stop harassment acts.
To know more, consult an employment law attorney for more information.