Schools and colleges are highly responsive to sexual harassment happening among students. In the previous decades, most schools have enhanced policies about education regarding sexual harassment in schools and taken remedial measures to investigate cases and discipline culprits.
Nevertheless, sexual harassment against educational employees is not acknowledged often. Teachers or professors face sexual harassment from supervisors and co-workers. Reporting sexual harassment could be uncertain and intimidating. Most sexual harassment victims fear losing titles, jobs, opportunities, and pay increases in their careers. Just remember that you have legal rights if you fall victim to sexual harassment.
At the Sexual Harassment Attorney, we can help you take a stand against your harasser. We believe you are entitled to a secure and fair workplace environment. Our attorneys can collect evidence, subpoena witnesses, and review defense arguments. Remember, an employer could be lawfully responsible for sexual harassment, even if they did not know it was occurring. Call us regardless of where you are in California, and we will help you.
Defining Sexual Harassment
In an ideal world, bosses, peers, and employers treat one another equally. Regrettably, sexual harassment still takes place despite awareness movements and campaigns promoting equality. Nevertheless, there are protections and laws meant to assist you when sexually harassed. The Equal Employment Opportunity Commission describes sexual harassment as unwanted sexual advances, sexual favor requests, and other physical or verbal sexual conduct.
Sexual harassment does not necessarily entail sexual acts or sex. It also includes conduct like intimidation, teasing, or offensive remarks contingent on stereotypes like how particular people should behave or act. It also includes bullying an individual or group of workers depending on their sex, sexual orientation, or gender identity. Another thing worth noting is that sexual harassment laws do not only protect women—they safeguard individuals of all genders.
Sexual harassment is categorized into two types—quid pro quo harassment and a hostile work environment.
Quid Pro Quo Sexual Harassment
Quid pro quo is a Latin term meaning “something for something” or “this for that.” Quid pro quo sexual harassment happens when an employer or supervisor conditions an employment decision on unwanted sexual advances. That is when an employer or supervisor implies or states that an employment-related decision is contingent on whether or not the worker agreed to sexual conduct. An employer might, for example, decline to promote an employee unless the employee agrees to engage in sexual conduct with the employer in exchange. This is a prevalent example of quid pro quo sexual harassment.
Quid pro quo harassment also happens when it is implied or stated that a worker must agree to sexual conduct to continue being employed. So, if, for example, a supervisor leads a worker to believe a training or promotion opportunity is probable if they (the worker) agree to date or engage in sexual intercourse with them (the supervisor), the worker is likely being exposed to quid pro quo sexual harassment.
Hostile Work Environment
The other type of sexual harassment is hostile work environment sexual harassment. Like quid pro quo harassment, this sexual harassment is equally unlawful. It happens when unwanted sexual conduct creates a threatening, abusive, or intimidating work environment that is persistent, pervasive, and severe to the extent that it impacts the worker's capability to fulfill their job responsibilities effectively.
A hostile work environment may include exposure to unwelcome sexual advances, sexual remarks, and physical contact. Additionally, it could involve sexual photos or other forms of offensive, hostile, or intimidating work situations. The harasser need not be an influential person. At times, it may be a colleague.
To demonstrate that you are subject to a hostile work environment, you need to establish a sexual harassment pattern. Still, you might have a valid claim even if you have experienced an isolated sexual harassment incident. This will usually depend on the severity of the incident. An attorney can assist you in uncovering evidence that shows how severe the situation was.
Acts Categorized As Teacher/Professor Sexual Harassment
Sexual harassment takes many forms. Here are the most prevalent incidents categorized as sexual harassment against teachers and professors. If, as a teacher or professor, you have been subject to any of these, you want to consult a skilled sexual harassment attorney on the steps forward:
- Sexist comments—there is a prevalent misconception that sexual harassment should be sexual in nature to be deemed unlawful. But, according to Title VII, offensive behavior contingent on a worker's sex that is pervasive and severe enough to create a hostile working environment is also unlawful. A school environment may be deemed hostile if, for example, supervisors are always stereotyping female teachers or professors, wanting them to put on specific forms of clothing or leaving them out of essential meetings due to their gender.
- Inappropriate touching—This entails any form of unwelcome touching, like kissing, hugging, touching oneself sexually for other people to view, or fondling. It also entails criminal acts like sexual assault, rape, and other forced sexual activity. It is critical to note that if a criminal act has happened to you, you should report the card to the police immediately.
- Unwelcome advances—This is when a person makes harassing office visits or phone calls or sends you letters and pressures you for sexual favors or dates. These are cases where a romantic or sexual intent seems obvious but remains unwelcome.
- Sexual comments—This is when an employer, colleague, or other party at work makes dirty comments or jokes about your physical attributes, spreads rumors regarding your sexual activity, talks about your sexual reactivity before other people, and displays or distributes pornography. These kinds of unwelcome comments might be made via email or in person, blogs, instant messaging, social media, Web pages, et cetera.
- Harassment by other people—when a fellow teacher or headteacher is your harasser, it is unlawful. However, under federal statute, an employer is also responsible for protecting workers from sexual harassment by outsiders, who may be parents or suppliers of the school. If your employer is aware or should reasonably have been aware that sexual harassment is happening, they must take prompt action to stop or prevent the harassment.
Lastly, it is worth mentioning that the harasser and harassed can be of any gender. Sexual harassment traditionally creates the image of a female facing harassment from a man. Even though these cases are still more prevalent, there are cases where women harass men, too. Same-sex sexual harassment, whether it is female against female or male against male, is also unlawful.
Online Sexual Harassment
Plenty of work in educational institutions takes place online. Thus, sexual harassment may occur online, too. Most harassers feel more comfortable harassing their colleagues while hiding behind their gadgets. Online sexual harassment might take the form of sexually suggestive pictures, lewd comments, sexting, and pornography.
Online sexual harassment may also include utilizing social media or other online platforms to stalk, bully, engage in revenge pornography, take illicit videos of other people, et cetera. Sexual harassment can also be indirect. Others might receive text messages, videos, or images about you. Revenge pornography is one instance of indirect online sexual harassment.
Federal and state laws forbid online sexual harassment the same way they forbid in-person sexual harassment. If you experience harassment online, you want to inform your superiors or human resources immediately. Complain in writing so the complaint is on record and documented. Should your employer fail to take the necessary action, you might bring an online sexual harassment lawsuit against them.
Employers Must Stop Sexual Harassment
Educational institutions are required to not only stop harassing conduct but also to prevent it from happening to begin with. The law necessitates that educational institutions come up with procedures to prevent sexual harassment and address that kind of conduct when it happens.
California law mandates that employers with fifty or more workers (independent workers included) offer sexual harassment training to supervisors once bi-annually. A person in a supervisory position must undergo a two-hour training program in six months. This training must, among other aspects, cover the behavior constituting sexual harassment, prevention measures, and supervisors’ duty to escalate this kind of harassment.
Under California statute, employers must have a written anti-harassment policy that meets particular mandates. The policy must cover instructions to supervisors, requiring them to escalate harassment incidents, the employer’s complaint process, and confirmation that the employer will promptly and fairly probe the complaint. Additionally, employers must obtain a written acknowledgment from workers that they have received the written policy.
What to Do to Lawfully Protect Yourself Against Sexual Harassment
The following are steps you can take to assist in protecting yourself and your rights if you are a teacher or professor facing sexual harassment in your place of work:
- Document everything—keeping a record or log of the occurring incidents is ideal. Should you decide to take action or report, it will significantly assist if you can point to the particulars about and specific dates of certain conduct. Therefore, if, for example, your superior sends you a harassing instant message or email, save it. Should someone make harassing comments in a meeting, document them immediately with the time and date. Ensure you keep all the information at home or somewhere else apart from your office so you can access it whenever you require it.
- Clarify your feelings—clarify to your harasser that their conduct is unwanted. Vocalize your discomfort should you feel it is safe to do so. You may try stating that the kind of conversation or comment is inappropriate in a place of work or informing the other individual that their conduct makes you feel uncomfortable.
- Call an employment attorney—If you are a teacher or professor facing sexual harassment, you want a skilled employment attorney to fight for you. Talk to a lawyer who has handled and won cases related to sexual harassment at work. Choose an attorney who represents employees instead of employers.
Reporting Sexual Harassment
There are different ways to report incidences of sexual harassment in an educational institution. The channel you choose will generally be based on the kind of sexual harassment incident and, in most cases, its severity. Various ways through which you can report sexual harassment at an educational institution include the following:
- Union—If you are a teacher’s union member, you could talk to your union’s representative regarding the sexual harassment you face. Your union representative may successfully act as a liaison between you and your employer. If the harasser is also a union member, note that the union should advocate for and protect them. In this case, you might only have to discuss your situation with an experienced employment attorney.
- Your employer—educational institutions in California have clear procedures and policies regarding sexual harassment. Peruse your employee handbook or any other policy documents you might have been given when you were employed. This information could also be accessible through your employee portal. Your school's policies may instruct you to bring your complaint to your superior. But if your superior is the harassing party, which is frequently the case, you might have to take the complaint to their superior or the Department of Human Relations.
- The police—if the incident of sexual harassment you face is severe or criminal, you want to report it to the police promptly. Whether a rape or sexual assault took place at the school, on a school trip, or off-site, you may need to go straight to the police. File a report with law enforcement, and keep a copy of that report as part of your records. Your attorney can also assist you in obtaining a copy of the police report.
- EEOC claim—you might opt to file charges with the EEOC (Employment Opportunity Commission) or with a local or state agency. You must pursue this action before bringing a sexual harassment suit under federal statute. Your lawyer will inform you of the deadlines every agency has in place for filing these kinds of complaints and claims. After you file charges, the agency investigates and determines whether sexual harassment occurred. If it finds no harassment place, this will give you the Notice of Right to Sue, and you could pursue a sexual harassment lawsuit by yourself. Should the agency find that sexual harassment occurred, they may try resolving the case directly with your employer or grant you the go-ahead to sue so you could proceed with bringing a legal suit.
- Lawsuit—After you receive the letter giving you the right to sue, you have ninety days to bring a sexual harassment suit. You should talk over your matter with your attorney. Even though many sexual harassment lawsuits settle without being taken to court, you must have a lawyer with trial experience fighting for you so that they are ready to take your case to trial if necessary.
Types of Damages You Can Recover in a Sexual Harassment Suit
If you are a teacher or professor who has fallen victim to sexual harassment in your place of work, you may have the right to financial compensation. The compensation amount you will receive will be contingent on the nature of harm you have suffered due to the harassment. Common damages you can seek in your sexual harassment lawsuit are:
- Compensatory damages—You might have the right to recover compensatory damages for pain and suffering (any emotional or physical injuries you might have sustained due to the harassment incident). Apart from that, you may recover compensation for reputational damage or damages for out-of-pocket expenses for various costs, such as medical expenses, psychological counseling, or costs you incurred due to a job search.
- Front pay—you are entitled to reinstatement to your previous job position if your employer terminated you or forced you to quit due to a hostile working environment brought about by sexual harassment. You may recover damages for any lost wages you will likely suffer from the day of the settlement or jury award into the future if you do not wish to go back or your position is no longer available,
- Back pay—you may have the right to pursue back pay if your employer fired you or denied you a promotion or raise due to sexual harassment. Back pay includes benefits (dental, healthcare, retirement, vision, et cetera), wages, and other pay you would have received from the date of the adverse employment decision to the day of the settlement or jury award. Apart from benefits and wages, back pay includes commissions, sick pay, vacation, tips, and stock options.
- Attorney’s fees—if you win your sexual harassment suit, you could recover damages for court costs like filing fees. You may also recover damages for attorney’s fees.
- Punitive damages—based on the facts of your case, the court might award you punitive damages. These damages are granted to victims to punish their employers for outrageous or egregious conduct. For example, you may be awarded punitive damages if your employer knew about the sexual harassment against you but never took any action to rectify the situation or did something to worsen it.
Find a Competent Sexual Harassment Attorney Near Me
Do not remain silent and continue to suffer if you have been subjected to sexual harassment at the educational institution where you teach. You want to understand your rights under federal and state law.
At the Sexual Harassment Attorney, we have assisted in upholding the rights of employees throughout California for decades. We can help with your case in several ways. We boast the resources, knowledge, and experience to successfully fight for any sexual harassment victims, including teachers and professors.
Allow us to guide you through the legal process. Contact us today at 800-905-1856 to set up a complimentary consultation and case evaluation. We will handle your case on a contingency basis, meaning we do not charge any fees unless we win the case for you.
