What is Sexual Harassment?
Sexual harassment cases at the workplace are serious and unfortunately, relatively common. Although sexual harassment can mean different things depending on the context of the harassment, in the workplace it is defined as “unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature . . . when 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” (EEOC). Knowing how to protect yourself against sexual harassment in the workplace is important, however, sometimes it is unavoidable. Understanding the laws in Georgia that apply to this type of behavior is essential for your safety.
Exclusive Remedy Rule
If you are injured at your workplace, you can file for workers’ compensation to cover medical expenses and lost wages. In Georgia, workers’ compensation is considered an exclusive remedy, meaning that you cannot file a separate lawsuit against your employer in addition to receiving workers’ compensation. Sexual harassment, however, falls under an exception to this rule because it involves an injured worker incurring an injury by the intentional or willful act of another individual. In other words, sexual harassment is consdiered an intentional tort. In order for sexual harassment to be an exception to the exclsuive remedy rule, it must be strictly personal in nature and unrelated to work duties or activities. This being said, if you are a victim of sexual harassment in the workpalce and have already received workers’ compensation, your rights allow you to file a seperate lawsuit against your employer.
Dangers of Sexual Harassment
Sexual harassment at work can be an extremely dangerous situation affecting both the victim as well as the environment of the workplace as a whole. Sexual harassment does not have to be continuous to be consdiered a serious issue, however, the intensity and frequency of the harassment tends to increase over time. Many victims of sexual harassment, especially in the workplace, feel too ashamed or fearful that they will lose their job to come forward with a complaint. There are many instances that can be considered sexual harassment while on-the-job.
Examples of Sexual Harassment in the Workplace Include:
- Repeated sexual advances
- Making sexually explicit comments
- Sending suggestive messages
- Commenting about the victim’s sexual activity
- Joking around about the victim’s physical appearance
It is important that you come forward if you see or experience any of this activity at work for both your safety and the safety of your coworkers. Remember, if this type of behavior happens to you at your workplace, you must avoid and stop (to the best of your ability) all sexual harassment incidents in order to build a strong case. If your employer is aware of the harassment and is negligent in handling the situation, they can be forced to pay your damages.
Knowing how to prevent sexual harassment in your workplace is the best way to avoid ever having to deal with a lawsuit like this. If you do find yourself in a situation where you are the victim of sexual harassment, inform your employer immediatley and then seek legal adivce. Contact Poirier Law Firm at 404-730-2000 to better understand your rights and options for filing a sexual harassment claim.