Sexual harassment is a particularly abusive and demeaning form of workplace discrimination. In the last several years, many sexual harassment cases have made headlines, as workers across the country have stood up against this vile form of mistreatment. If you have been subjected to sexual harassment on the job, the skilled employment lawyers at the Barnes Law Firm LLC are here to fight for your rights. Depending on the circumstances of your case, you may have a right to monetary compensation and to a court order prohibiting the harassing conduct. Our knowledgeable and experienced team is prepared to investigate your case thoroughly and vigorously pursue the fair outcome you deserve.
As stated above, sexual harassment is a form of employment discrimination which is illegal under federal and state law.
Federal law recognizes two types of sexual harassment:
In Missouri, the state Department of Labor and Industrial Relations defines sexual harassment as “unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature” that occur in the workplace in any of these circumstances:
Both state and federal employment law permit an employee sexually harassed at work to sue the harasser as well as the employer for damages and for injunctive relief.
Employers can be liable for sexual harassment if the victim can prove that the prohibited conduct occurred and that the employer knew of or reasonably should have known of the situation, but either failed to investigate, performed a half-hearted investigation or in some manner disparaged the employee who alleges harassment. However, an employer would probably not be liable if the worker never made a complaint, unless there are other factors to consider, such as a history of similar instances which the employer failed to address.
If you believe you are being sexually harassed at work, you need to consult with experienced counsel who can analyze whether you have grounds to bring a lawsuit and what compensation you may be due.
A victim of sexual harassment is entitled to recover economic and noneconomic damages, which can include compensation for denied pay increases and promotions, lost pay in cases of wrongful termination, stress-related medical expenses and mental suffering.
A victim is also entitled to injunctive relief in the form of a court order to cease and desist. The court can also compel the employer to take such actions as:
A victim of sexual harassment can sue for wrongful termination even if she quits the job, provided she can show the employer’s refusal to correct an unbearable situation afforded her no other choice. This is known as a constructive discharge and it allows the same range of damages recovery as an actual firing.
The Barnes Law Firm LLC advocates for victims of sexual harassment in the greater Kansas City area. Please call 816-221-4321 or contact us online to schedule a free initial consultation. Our office is conveniently located at 919 W 47th Street in Kansas City, Missouri.