Is It Sexual Harassment?

Though South Carolina and federal law are clear on the definition of sexual harassment – a form of workplace discrimination characterized by unwanted sexual advances or an uncomfortable sexual environment – victims of sexual harassment can be confused about what in fact constitutes harassment. Though each case is different, sexual harassment can be determined by a number of factors, including frequency, perpetrator, type of harassment and amount of damage.

Gender is not an issue where sexual harassment is concerned. Though many cases of harassment occur from males to females, same-sex harassment or female-male harassment is not uncommon. In addition, sexual harassment need not necessarily occur from boss to subordinate – subordinate-to-boss harassment and colleague-to-colleague harassment can exist. In addition, even third parties, such as vendors or visitors, can perpetrate or be victims of sexual harassment in the workplace.

The gold standard of sexual harassment is whether the sexual behavior, be it physical contact, sexual remarks, jokes, come-ons or threats, is welcome or unwelcome. By law, sexual harassment is unwelcome. Hence, a coworker’s welcome invitation to dinner is not sexual harassment, but an unwanted request for sexual contact is.

It is an employer’s legal responsibility to express strong disapproval of harassment in the workplace, lay out a sexual harassment policy, and enforce a safe workplace for all employees and guests. While you should feel free to try to stop harassment when it occurs and make it clear that the behavior is unwelcome, you may feel scared, intimidated, pressured or otherwise unsure of how to proceed if you are facing sexual harassment.

Know your rights: sexual harassment in the workplace is illegal both in South Carolina and the United States. By nature, sexual harassment law contains many “gray areas” and harassment can be determined on a case-by-case basis. Whether you are experiencing quid pro quo harassment, a situation in which you feel career advancement or job duties are dependent on your providing sexual favors, contact or talk to a coworker, subordinate or boss; or you are subject to a harassing environment, you have the right to a harassment-free workplace.

If you feel you have been harassed in the workplace, seek a South Carolina sexual harassment lawyer with experience, sensitivity and a deep understanding of state and federal harassment laws. Seek the help of the lawyers of Louthian Law. With years of experience representing sexual harassment victims and numerous successful settlements and verdicts, we’re here to help you maintain your rights. Interested in a free, no-obligation consultation? Call today – it’s completely confidential.

South Carolina Sexual Harassment Lawyer Disclaimer: The sexual harassment, sex discrimination, sexual abuse, or other legal personal injury information presented at this site should not be construed to be formal legal advice, nor the formation of a lawyer or attorney client relationship. Further communication with our attorneys through the website and email may not be considered as confidential or privileged. Any results set forth herein are based upon the facts of that particular case and do not represent a promise or guarantee. Please contact a South Carolina sexual harassment lawyer at the Louthian Law Firm, P.A. for a consultation on your particular sexual harassment matter. This web site is not intended to solicit clients for matters outside of the state of South Carolina.