Despite the widespread consciousness following the #MeToo movement, sexual harassment remains a distressing reality in many American workplaces. Such conduct affects employees of all genders and may involve unwanted sexual advances, inappropriate jokes, or various other forms of harassment.
This article aims to guide you through your options if you are enduring sexual harassment in your workplace. For legal advice tailored to your situation, contact PLBH at (800) 435-7542 for a consultation with an employment law attorney.
Possible Recourses for Victims of Sexual Harassment
Sexual harassment, like discrimination based on race or age, is prohibited by federal law. Victims of workplace sexual harassment may be entitled to compensation under Title VII of the Civil Rights Act of 1964 to make amends for their suffering.
Additionally, a court may issue an injunction, directing the harasser or the employer to cease unlawful employment practices (including harassment or its facilitation) or to implement preventive measures against sexual harassment.
In cases where a sexually harassed employee seeks financial compensation, a court can also order the respondent (often the harasser or the employer) to perform specific actions or to refrain from certain activities. This is also known as an injunction. However, it’s essential to understand when and how injunctions can be used in sexual harassment cases.
The Role and Limitations of an Injunction
Primarily, injunctions are not intended to punish past harassment but to prevent future misconduct. To obtain an injunction, an employee usually needs to show a credible threat of recurring harassment. A court will consider multiple factors when deciding to grant an injunction, including the nature of violations involved and the likelihood of the employer or harasser’s future compliance with the law.
Importantly, the employee who filed the lawsuit typically needs to remain employed by the company for an injunction to be granted, as the injunction’s primary purpose is to protect the employee filing the claim.
Different Types of Injunctions in Sexual Harassment Cases
In sexual harassment cases, a judge can impose various types of injunctions. For example, a court might require an employer to develop and enforce anti-harassment policies. Alternatively, the court could order employers not to employ individuals previously held liable for Title VII violations.
Other forms of injunctive relief, such as installing security cameras or preventing changes to an employee’s schedule, may also be available. Sexual harassment cases can be extremely complex, especially if you are still employed where the harassment occurred. It’s crucial to consult a proficient California employment attorney who understands the law and knows how to advocate for your rights. Depending on your situation, you may need to seek financial compensation, an injunction, or both to safeguard your rights.
At PLBH, our team of seasoned attorneys has over 50 years of experience advocating for employees who have suffered workplace injustice. To schedule a consultation or to learn more about how we can assist you, reach out to us at (800) 435-7542 today.