Apis Law | Sexual Harassment Lawyer in New Hampshire

Sexual harassment is a serious issue that affects countless individuals every year. In the workplace, this form of discrimination can create hostile, unsafe, and uncomfortable environments. Victims of harassment often suffer not only emotionally but also professionally, facing challenges like wrongful termination, fear of losing their job, and a constant internal struggle when they feel afraid to complain. If you're tired of being harassed or if you’re a female worker who feels trapped in an uncomfortable situation, this page will guide you through the essential steps of addressing sexual harassment and understanding your rights. Call Apis Law for assistance.

Legal Framework for Sexual Harassment Protection

Federal Law

The most important legal framework to protect employees from sexual harassment is Title VII of the Civil Rights Act of 1964. This federal law makes it illegal for employers to discriminate based on sex, including any form of sexual harassment. The law covers all employers with 15 or more employees.

State of New Hampshire

In addition to federal protections, many states have their own laws to protect employees from sexual harassment. In New Hampshire, the New Hampshire Law Against Employment Discrimination is RSA 354-A which offers further protections for employees. This law ensures that sexual harassment in the workplace is prohibited, and employees can file complaints through the New Hampshire Commission for Human Rights (NHCHR).

Generally, What is Sexual Harassment?

Sexual harassment includes any unwelcome sexual advances, requests for sexual favors, and any verbal or physical behavior of a sexual nature that affects a person’s employment, education, or living environment. According to Title VII of the Civil Rights Act of 1964, sexual harassment is considered a form of sex discrimination. This law ensures that individuals who experience harassment have legal avenues to seek justice and compensation.

Sexual harassment doesn't always take the same shape. It can manifest through verbal comments, inappropriate touching, threats, or even creating a work environment that’s intimidating, hostile, or offensive. No one should feel uncomfortable or unsafe at work, and that's where understanding your rights becomes crucial. The first step to standing up against harassment is knowing what counts as sexual harassment.

Common Forms of Sexual Harassment

Sexual harassment is not limited to physical acts; it can be verbal, visual, or even subtle. Here are the primary types of sexual harassment that individuals may experience:

Quid Pro Quo Harassment

Quid pro quo harassment occurs when someone in a position of power—such as a manager, supervisor, or employer—demands sexual favors in exchange for professional benefits. This could include promotions, raises, or avoiding negative consequences like job loss. The clear power dynamic makes it especially difficult for victims to speak out.

Hostile Work Environment

A hostile work environment exists when the harassment is pervasive enough to make work unbearable. This can include a wide range of behaviors such as inappropriate jokes, comments, uninvited touching, or the display of explicit materials. This behavior makes the victim’s work environment intimidating or uncomfortable. It's important to note that harassment in the form of a hostile work environment doesn’t necessarily require that the victim be fired or demoted. It simply needs to create a disruptive, hostile atmosphere.

Verbal, Physical, and Visual Harassment

Sexual harassment can be verbal, physical, or visual:

Verbal: Inappropriate comments, sexual jokes, or unwelcome invitations.
Physical: Unwanted touching or physical gestures that make the victim uncomfortable.
Visual: Displaying explicit images, inappropriate materials, or even sexual gestures that create an uncomfortable environment.

What Are Some Examples of Sexual Harassment?

Sexual harassment can take many forms, ranging from subtle comments to blatant physical conduct. Here are some examples of sexual harassment:

Sexual Innuendos: Comments or jokes with sexual implications.
Comments About Someone's Body: Criticizing or complimenting someone's physical appearance in a sexual way.
Stories of Sexual Exploitation: Sharing inappropriate personal stories with sexual content.
Unwelcome Touching or Hugging: Physical contact that makes you uncomfortable.
Pressure for Dates: Repeated requests for dates or sexual favors.
Sexist Jokes and Cartoons: Jokes, images, or videos that degrade or objectify people based on gender.
Displaying Pornography in the Workplace: Using or displaying explicit material at work.
Inappropriate Gifts: Gifts of a sexual nature that are unwelcome or inappropriate.
Cat Calls or Wolf Whistles: Comments or sounds made in an objectifying manner toward someone.

These are just a few examples. If you're unsure whether your situation constitutes sexual harassment, it's important to reach out to an attorney for guidance. Many lawyers, including John Sherman, offer free consultations to discuss your case and provide legal advice.

How Harassment Affects Women in the Workplace

Unfortunately, women are disproportionately affected by sexual harassment in the workplace. Women may find themselves dealing with unwanted advances, inappropriate comments, or even sexual assault in some extreme cases. In some situations, women may feel tired of being harassed and helpless to stop it. If you're a female worker who’s struggling to deal with this, you don't have to face it alone.

Employers are legally required to address sexual harassment complaints and take action. It's crucial that workplaces establish clear policies and procedures for preventing and addressing sexual harassment to avoid a toxic environment for women and all employees.

How Do I Prove Sexual Harassment if It Was All Verbal?

Most sexual harassment is verbal in nature, but that doesn’t mean it can’t be proven. To prove verbal harassment, you need detailed documentation. Keep a record of each incident, including:

The language used by the harasser
Date, time, and location of the incident
Witnesses who may have seen or heard the harassment

Additionally, obtaining your employment records (such as performance reviews) can help strengthen your case. It’s crucial to report the harassment to your employer or university, as formal complaints can further support your claim.

Is It Unlawful for a Supervisor or Professor to Date One of Their Subordinates or Students?

While it’s not unlawful for a supervisor or professor to have a romantic relationship with a subordinate or student, it can be unethical. Many workplaces and educational institutions have policies prohibiting relationships between supervisors and employees or professors and students, especially when there is a direct power imbalance. These policies are meant to prevent potential issues of favoritism, coercion, or conflict of interest.

If you’re concerned about an unethical relationship, it’s best to review your institution's or employer’s policy or seek legal advice.

Can My Employer, Co-Worker, Professor, or Peer Retaliate Against Me for Filing a Sexual Harassment Claim?

No, retaliation is illegal. It is unlawful for an employer, supervisor, co-worker, or anyone else to retaliate against you for filing a sexual harassment claim. This includes:

Firing or demoting you
Cutting your hours or responsibilities
Creating a hostile work environment after the claim

It is also illegal to retaliate against witnesses who participate in the sexual harassment case. If you face retaliation, it’s critical to report it immediately to the EEOC or an attorney.

Can Sexual Harassment Occur in Remote or Virtual Work Environments?

Yes, sexual harassment can occur in virtual or remote workplaces. Harassment can happen over email, video calls, social media, or other online platforms. The same legal protections apply to remote harassment as they do to in-person harassment.

How Can Employers Prevent Sexual Harassment in the Workplace?

Employers can take several steps to prevent sexual harassment, including:

Implementing a clear sexual harassment policy.
Training all employees on what constitutes harassment and how to report it.
Creating a reporting system that allows victims to confidentially report harassment.
Taking prompt action when harassment is reported to show that harassment will not be tolerated.

By being proactive and addressing harassment early, employers can create a respectful, safe, and productive environment for all employees.

Potential Outcomes of a Sexual Harassment Lawsuit

Once a sexual harassment case is filed, the victim may be entitled to several outcomes, depending on the circumstances:

Back pay for lost wages and benefit if you were demoted, terminated , or forced to leave your job.
Reinstatement or front pay if returning to the job is not an option.
Attorney fees and court costs may be covered by the defendant.
Compensatory damages to cover emotional distress, humiliation, or pain and suffering.
Reinstatement to your former position if you were wrongfully terminated.
Front pay.

These remedies are designed to compensate victims for the harm they’ve experienced and deter future harassment in the workplace.

A Sexual Harassment Claim in New Hampshire

When you experience sexual harassment, it's crucial to act quickly and file a claim within the appropriate time limits. If you're wondering how long you have to file a sexual harassment claim in New Hampshire, the process and deadlines are clear.

Federal Law v. State Deadlines

Under federal law, specifically Title VII, you have 300 days to file a complaint with the Equal Employment Opportunity Commission (EEOC). However, if New Hampshire state law is also involved, you have 180 days to file with the NHCHR, thanks to the extended filing period.

Why Timing Matters

If you’re afraid to complain or fear losing your job, it’s understandable to hesitate. However, failing to file your claim within the designated time frame can result in the dismissal of your claim. Make sure to report the harassment as soon as possible and document everything!

Here’s what you can do:

Gather Evidence: Start collecting detailed records of every instance of harassment. Include dates, times, locations, witnesses, and any messages or emails.
Report the Incident: If possible, report the harassment to human resources or a supervisor. Your company may have a procedure for dealing with sexual harassment, and reporting helps build your case.
Most organizations, including universities, should have clear policies on sexual harassment. Review your company’s or school’s handbook to understand the proper channels for reporting harassment. If no policy exists, escalate the matter to your supervisor or the next person in the chain of command if the harasser is your supervisor.
Consult with an Attorney: Sexual harassment cases can be complex. An experienced employment lawyer can help you navigate both federal and state laws, ensuring that you meet deadlines and maximize your chances of success.

Filing a Charge of Discrimination with NCHR

A complaint is an informal report of discrimination an individual makes to the Commission. A Charge of Discrimination is a formalized complaint, which is notarized and docketed by the Commission. Visit the Commission's website for more information.

Can You File a Charge of Sexual Harassment Anonymously?

No, you cannot file a Charge of Discrimination anonymously. The Commission requires your identity to proceed with the charge, as they need to investigate and communicate with you throughout the process. The law provides protections from retaliation.

How Long Do I Have to File a Charge of Sexual Harassment?

The filing deadline for discrimination charges depends on where the discrimination took place and what type of discrimination it is:

• Under New Hampshire State Law (NH RSA 354-A): A charge must be filed within 180 days from the last date of discrimination.

• Under Federal Law: If your employer is subject to federal law, you have 300 days from the last date of discrimination to file your charge with the Equal Employment Opportunity Commission (EEOC).

It’s important

If You Have an Employment Complaint, Should You Contact the EEOC as Well?

If you are filing a Charge of Discrimination related to employment, and your employer has 15 or more employees, the EEOC will automatically receive your charge. This process is known as dual filing, and it means your complaint will be filed with both the New Hampshire Commission for Human Rights (NHCHR) and the EEOC.

For smaller employers, the charge may only be filed with the NHCHR.

How Much Does It Cost to File a Charge of Sexual Harassment?

There is no cost to file a Charge of Sexual Harassment Discrimination with the NHCHR. The Commission provides its services free of charge, including the process of drafting and docketing your charge.

This ensures that everyone has access to the legal process, regardless of their financial situation.

Do You Need an Attorney?

You do not need an attorney to file a Charge of Sexual Harassment Discrimination or to participate in the Commission’s process. However, you may choose to hire an attorney to help you navigate the legal system, especially if your case is complex. An attorney can offer advice, represent you in hearings, and help with settlement negotiations.

What if You are Retaliated Against for Filing a Charge of Sexual Harassment Discrimination?

It is illegal for an employer, housing provider, or any other entity to retaliate against you for filing a Charge of Discrimination. Retaliation may include actions like:

• Firing or demoting you

• Denying you promotions or raises

• Changing your job responsibilities or hours in an unfavorable way

If you experience retaliation after filing a charge, you can amend your charge to include the retaliation. The Commission will take appropriate steps to investigate and address retaliation.

What Happens After You File a Charge of Sexual Harassment Discrimination?

After you file a Charge of Discrimination, the Commission will begin its investigation. The process typically involves:

• Initial Review: The Commission will determine if the charge is within its jurisdiction and if there is enough evidence to proceed.

• Once the Commission has docketed your Charge of Discrimination, it will serve notice to the entity charged and your case is assigned to an Investigator in the order it was received. Assignment is not immediate. The wait time for an Investigator to be assigned varies. Once an Investigator is assigned, both parties will be notified and the investigation will proceed.

• Investigation: The Commission will gather evidence, interview witnesses, and assess the facts.

• Resolution: If there is sufficient evidence of discrimination, the Commission may attempt to resolve the issue through mediation or other alternative dispute resolution methods. If a resolution isn’t reached, the Commission may move forward with a formal hearing or investigation. You may be entitled to and awarded damages which include non-monetary and monetary compensation.