Despite more attention to the issue in recent years, sexual harassment remains an ongoing problem in South Carolina and across the country. Anyone can be a victim of sexual harassment at work. When you need a sexual harassment lawyer in South Carolina, our lawyers are here to represent you and fight for justice.
Employees have the right to a workplace that is free of sexual harassment. It doesn’t matter if the state is an at-will employment state or not. There are laws that protect victims from sexual harassment.
Both United States and South Carolina laws prohibit discrimination based on sex and gender. Sexual harassment is not allowed in the workplace – period. Sexual harassment is defined as unwanted sexual advances, harassment of a sexual nature or requests for sexual favors. Harassment may be verbal or physical.
Co-workers, supervisors or even customers may make the workplace intolerable because of sexual harassment.
What rights do sexual harassment victims have?
If you are a victim of sexual harassment, you have rights. You have a right to hold your employer accountable for causing the behavior or failing to stop it. You may deserve financial compensation because of lost income or because of what you’ve been forced to endure. Our South Carolina sexual harassment lawyers want you to receive justice. Call us today at (843) 548-1570 to confidentially discuss your situation with our lawyers.
What Behaviors May Be Unlawful Sexual Harassment?
Some examples of behavior that may be unlawful sexual harassment are:
- Making sexual comments about your body or the way you look
- Sexual teasing, frequently being sexually suggestive
- Constantly bringing up sexual topics
- Requiring you to participate in sexual jokes or games
- Assault and battery, inappropriate touching
- Questioning you about sexual preferences
- Whistling or “cat calls”
- Promising you a promotion or better job assignments in exchange for sexual contact
- Threatening you with firing you or worse treatment if you don’t engage in sexual behavior
- Gifts or favors
- Repeatedly asking someone out
- Pressuring for sexual favors
These are just some examples – the behavior is often subtle. There may be multiple types of behavior in a single situation.
South Carolina Quid Pro Quo Harassment
Quid pro quo harassment is requiring sexual favors in exchange for employment or conditions of employment. For example, if a supervisor fires someone or demotes them because they won’t date them or engage in sexual behavior, that is quid pro quo harassment. Even just giving the employee worse job duties, making their tasks difficult, or trying to make schedules so that the two have to work together can be quid pro quo harassment.
Quid pro quo harassment may be the offer of something good, or the threat of something bad.
Hostile Work Environment in South Carolina
When there is a hostile work environment, the employee must endure an ongoing work environment that is intolerable because of sexual behavior. The behavior must interrupt the work environment and impact the employee’s job performance.
What to Do If You Believe You Are a Sexual Harassment Victim
If you believe that you are a sexual harassment victim, begin by checking your employee handbook. The employer probably has policies against sexual harassment and instructions about steps to take to report the harassment. If you feel comfortable discussing the behavior with the person responsible you may, but this may not stop them. You may also go to the person’s supervisor. Make a written report of the behavior, so that you have proof that you brought the situation to the attention of your employer. A simple email to the appropriate party may be sufficient.
It’s extremely important that you keep written documentation. Start keeping track of what happens and when. Write down the dates and times the behavior occurs and the location where it occurs. Add statements from co-workers, or at least write down who may have witnessed the behavior so that they can be questioned later.
Our lawyers for sexual harassment in South Carolina can help you determine if it’s appropriate to file a complaint. You may file with the South Carolina Human Affairs Commission (SCHAC) or the federal Equal Employment Opportunity Commission (EEOC). You must file your complaint within 180 days to preserve your right to file in a South Carolina Court, or 300 days for federal court. An investigation may be conducted, and the government agency may assist you in facilitating the appropriate remedy.
Once you exhaust your attempts to remedy the situation through this organization, you may pursue compensation. You have only 90 days to start your claim after receiving an EEOC right to sue letter.
As you can see, the timelines are brief. You have only a short time to make a complaint to the appropriate agency about the behavior. Once the case has gone through that process, you have a limited amount of time to proceed with your lawsuit. Our South Carolina sexual harassment lawyers can help you evaluate the situation and take the right steps quickly to pursue justice.
Filing Sexual Harassment Charges in South Carolina
To file for a hostile work environment in South Carolina, you must be able to prove the following:
- There were unwanted sexual advances or sexual favors
- The harassment is based on sex or gender
- It impacts your work conditions, environment or creates a hostile work environment
- Your employer doesn’t stop or correct the harassment
To file charges, you must:
- Make a report to the EEOC or the South Carolina Human Affairs Commission (SCHAC)
- Participate in the investigation about your complaint
- Attend mediation proceedings to create a resolution with the employer
- Attend a hearing, if necessary
- File a lawsuit, if necessary
You have the right to representation from a South Carolina sexual harassment lawyer. Our lawyers represent victims. Contact us today at (843) 548-1570 to talk about your case.
Hiring a Sexual Harassment Attorney in South Carolina
If you are the victim of sexual harassment in the workplace, you already know how much it can impact your work. You may have a sickening feeling just thinking about going to work. You may spend your time worrying about what’s happening rather than doing your job duties.
The David Aylor Law Offices are sexual harassment lawyers in South Carolina. We can work with you to investigate what has happened and what legal resources you have. We are experienced lawyers representing victims in a variety of matters that impact lives – including sexual harassment claims in the workplace.
You don’t have to suffer alone when you are the victim of sexual harassment at work. Let us fight for your rights under South Carolina and U.S. law. You deserve justice. The David Aylor Law Offices is a team of experienced lawyers who help people get justice. Call (843) 548-1570 or send us a message today for a confidential review of your situation.