Sexual Harassment
Under the laws of the State of Ohio as well as Federal Law, sexual harassment is illegal. Unfortunately, what may constitute sexual harassment is often confusing and the process for employees to follow to make a report of sexual harassment is almost always as frightening as the underlying inappropriate conduct. Law Office of James. J. Collum, LLC is an Ohio sexual harassment attorney who would be happy to provide you a FREE CONSULTATION to discuss any questions you may have in regards to your sexual harassment claim.
Law Office of James. J. Collum, LLC are Ohio sexual harassment lawyers who have represented employees, both women and men, in over 400 sexual harassment cases since 1999. Sexual harassment is a form of sex discrimination, and despite recent efforts under state and local law, remains a problem in the workplace, whether in an office environment, a factory, stores or educational institutions.
What is Sexual Harassment?
Sexual Harassment may include unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when submission to or rejection of this conduct explicitly or implicitly affects an individual’s employment, unreasonably interferes with an individual's work performance or creates an intimidating, hostile or offensive work environment. The two most common types of sexual harassment are hostile work environment sexual harassment and quid pro quo sexual harassment.
According to the U.S. Equal Opportunity Employment Commission (EEOC) sexual harassment can include a wide range of circumstances, including, but not limited to, the following:
• The victim does not have to be of the opposite sex.
• The harasser can be the victim's supervisor, an agent of the employer, a supervisor in another area, a co-worker, or a non-employee.
• The victim does not have to be the person harassed but could be anyone affected by the offensive conduct.
• Unlawful sexual harassment may occur without economic injury to the victim and the victim need not be fired to bring a claim.
• The harasser's conduct must be unwelcome.
Hostile Work Environment Sexual Harassment
A work environment is “hostile” when unwelcome verbal, nonverbal, or physical behavior of a prohibited nature is severe and pervasive enough to unreasonably interfere with an employee's work or a student's learning, or creates an intimidating, hostile, or offensive environment to a "reasonable person." The hostile environment standard focuses on the "poisoning" of a work or learning environment rather than on tangible actions directed against a person. To constitute hostile environment harassment, the prohibited behaviors must be offensive to a “reasonable person.” A supervisor, co-worker, teacher or fellow student can create a hostile environment. Any incident of sexual harassment deserves evaluation—the following types of conduct may create a hostile environment:
• Sexual discussions or nicknames;
• Inappropriate jokes, insults or discussions about a person’s sex life;
• Flirting;
• Inappropriate comments about someone’s body;
• Repeated requests for a date;
• Sexually crude hand gestures, leering at the body, sexually suggestive winking, standing too close;
• Display of posters, cartoons, etc. regarding sexually suggestive themes;
• Inappropriate sexually suggestive text messages, e-mails or videos;
• Sexually suggestive “gifts;” and
• Inappropriate touching, hugging or kissing.
Quid Pro Quo Sexual Harassment
Quid pro quo harassment is the most commonly recognized form of sexual harassment. It occurs when (1) job benefits, including employment, promotion, salary increases, shift or work assignments, performance expectations and other conditions of employment, are made contingent on the provision of sexual favors, usually to an employer, supervisor or agent of the employer who has the authority to make decisions about employment actions, or (2) the rejection of a sexual advance or request for sexual favors results in a tangible employment detriment and a loss of a job benefit of the kind described above.
Remedies for victims of quid pro quo sexual harassment may include recovery of compensatory damages such as medical expenses, future economic loss, loss of enjoyment of life, and back pay. Punitive damages may also be awarded to successful claimants.
The Importance of Finding the Right Ohio Sexual Harassment Lawyer
Law Office of James. J. Collum, LLC has managed to secure a number of six-digit settlements for victims of sexual harassment. His vast experience in securing recoveries for a number of female employees who have been the subject of vicious sexual attacks, inappropriate sexual comments as well as every other type of fact pattern has led him to begin to consult and advise companies about how to prevent this type of behavior in the workplace.
There is nothing that can undo the actions that lead to a sexual harassment complaint or lead to the filing of a lawsuit. However, these types of cases often provide significant financial recoveries to victims of sexual harassment.
Whether or not you intend to ultimately pursue a case of sexual harassment against a current or former employer, it is critical that you contact an attorney with experience in this area of the law so you may receive the proper advice to make the best decision for yourself.
Please contact Law Office of James. J. Collum, LLC for a FREE CONSULTATION regarding your sexual harassment case or claim and any questions you may have at (330) 494-4877 or by e-mail at jcollum@collumlawoffice.com.
Law Office of James. J. Collum, LLC are Ohio sexual harassment lawyers who represent individuals and companies in their sexual harassment claims in cities all over Northeast Ohio including, but not limited to, the cities of Canton, Akron, Alliance, Canal Fulton, Massillon, Barberton, Cuyahoga Falls, Hudson, Fairlawn, Green, Macedonia, Munroe Falls, New Franklin, Norton, Stow, Tallmadge, Twinsburg, Kent, Ravenna, Streetsboro, Aurora, Brunswick, Medina, Rittman, Wadsworth, Dover, New Philadelphia, Uhrichsville, Orrville, Wooster, Columbiana, East Liverpool and Salem.
