Sexual Harassment Comes in Many Forms — All of Them Illegal
Sexual Harassment, Emotional Distress and Civil Battery
Sexual harassment is behavior that is unwelcome to the victim. It can range from sexual jokes or unwelcome hugs to demands for sex in exchange for keeping one's job or getting a promotion — or even sexual assault. It can be directed at an individual or can affect all women (or all men) in a workplace if the behavior creates a hostile work environment.
North Carolina also recognizes the legal claims of emotional distress and civil battery in sexual harassment cases.
- Emotional distress can be intentional (where the person who is doing the harassing intends to emotionally hurt the victim) or it can be negligent (the victimizer didn't intend it, but should have foreseen that the victim would be hurt by the behavior).
- Civil battery is any unwelcome touching short of criminal assault.
The existence of these legal claims under state law is significant, because North Carolina does not apply a damages cap on emotional distress damages — unlike the federal law prohibiting sexual harassment.
If you have been the victim of sexual harassment, you have a right to ask for the mistreatment to stop. If it does not, you may have the right to sue. If your employer retaliates against you, the law is on your side.
You shouldn't have to be a victim in your own workplace. Talk with an experienced employment law attorney today. Call us toll free at 1.866.899.9245 or contact Fosbinder & Van Kampen, PLLC, online to schedule a confidential appointment with a lawyer.
The Charlotte, North Carolina law office of Fosbinder & Van Kampen, PLLC is one of only a handful of law firms in North Carolina that works exclusively in the area of employment law, and we are leaders in fighting sexual harassment. Our work has helped define sexual harassment law in our state (Smith v. First Union National Bank, 202 F.3d 234 (4th Cir. 2000)).
Your Next Step
The Civil Rights Act of 1964 establishes the right of employees to be free from sexual harassment and discrimination in the workplace, but the law does not prevent sexual harassment. Prevention requires a commitment from both employers and employees to a safe and respectful workplace, along with a willingness to take concrete action against those who sexually harass workers.
If you have been the victim of sexual harassment, you must report the harassing behavior to your company. Report it to your manager. If your manager is the problem, report the behavior to your HR department or to the owner of the company, if there is no HR department.
Failure to report sexually harassing behavior can compromise your case. If you are unsure of what you are experiencing is sexual harassment or you do not know how to report it, one of the attorneys at Fosbinder & Van Kampen, PLLC can advise you.
Take Action Against Sexual Harassment
You should not have to endure sexually degrading comments or offensive behavior at your job. If you are ready to take serious action, call us toll free at 1.866.899.9245 or contact us online to schedule a confidential appointment.
