Raleigh Sexual Harassment Lawyers

What Is Sexual Harassment in the Workplace?

Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature, or offensive remarks about a person’s sex, that affect employment or create an intimidating, hostile, or offensive work environment.

One of the most recognized forms is quid pro quo harassment, a Latin phrase meaning “this for that.” It occurs when a supervisor conditions employment benefits or continued employment on submission to sexual advances. A promotion, a favorable schedule, or your job itself becomes leverage for someone in authority.

Hostile work environment harassment is different in character. It occurs when supervisors or co-workers subject an employee to sexual photographs, videos, jokes, or threats that the employer tolerates rather than stops. Harassment can be subtle. If you’re uncertain whether what you’re experiencing qualifies, speaking with a sexual harassment attorney may be a good first step.

Your Employer’s Duty to Maintain a Harassment-Free Workplace

Your employer has a legal and ethical responsibility to ensure your work environment is free from sexual harassment at all times. You don’t have to tolerate unacceptable behavior from anyone at your job, regardless of your position or the harasser’s position. If your employer has failed to take sufficient proactive steps to remedy and prevent harassment after being notified, you may need legal advice.

Our employment attorneys have advised numerous employees navigating sexual harassment in the workplace. Addressing severe and pervasive harassment takes skill and tact, and our team knows how to handle it.

Types of Sexual Harassment

Sexual harassment can take many forms and may involve people inside your workplace or outside it.

Supervisor Harassment

Supervisor harassment occurs when someone in a position of authority abuses their power through inappropriate sexual behavior, promises of benefits in exchange for sexual favors, or unwanted advances toward a subordinate. The inherent power imbalance can make subordinates feel pressured not to report the behavior, often out of fear of demotion, job loss, or negative performance reviews.

Co-Worker Harassment

Harassment from a colleague can involve inappropriate jokes, offensive remarks, unwanted physical contact, or persistent advances despite explicit refusal. These actions can undermine your ability to work effectively and cause significant emotional distress, including anxiety, fear, and humiliation.

Third-Party Harassment

Harassment from clients, customers, or vendors is legally actionable. When a third party subjects you to unwelcome sexual words or actions that affect your ability to do your job, your employer is still obligated to take reasonable steps to address and prevent it, even though they may not directly control those individuals. That obligation includes implementing clear policies, providing training, and intervening when employees report incidents. You must promptly bring the matter to management and request remedial action. If your employer ignores that request or retaliates for making it, you may have a claim against the employer.

Online & Virtual Harassment

Virtual harassment has grown alongside remote work and digital communication. It can occur through texts, emails, workplace chat systems, video calls, or social media, and it can reach employees outside of work hours or at home. Like in-person harassment, it can come from supervisors, coworkers, or third parties and is equally actionable under workplace harassment laws.

What Is a Hostile Work Environment?

Under federal law, a hostile work environment is defined as a workplace where unwelcome conduct based on protected characteristics is so severe or pervasive that it creates an intimidating, hostile, or offensive environment, unreasonably interfering with an individual’s work performance or resulting in termination or demotion. Protected characteristics include race, color, sex (including sexual orientation and gender identity), religion, national origin, age, disability, pregnancy, and genetic information.

Title VII of the Civil Rights Act of 1964 is the federal law that specifically prohibits sexual harassment as a form of unlawful sex discrimination. Courts evaluate hostile environment claims based on the frequency and severity of the conduct, whether it was physically threatening or humiliating, whether it interfered with work performance, and its effect on the employee’s psychological well-being. State laws may provide additional protections alongside federal remedies.

Federal & State Protections for NC & SC Employees

Title VII applies to employers with 15 or more employees, as well as employment agencies, labor organizations, and the federal government, protecting employees from unwelcome conduct of a sexual nature that affects the terms, conditions, or privileges of employment.

Filing a Charge With the EEOC

Employees who believe they have been sexually harassed have the right to file a charge with the Equal Employment Opportunity Commission (EEOC) before bringing a federal lawsuit. Most private-sector employees in North Carolina have 180 days from the last act of harassment to file a charge. These deadlines are strict, and missing them can affect your ability to pursue a claim.

After a charge is filed, the EEOC may investigate the complaint, facilitate mediation, pursue legal action, or issue a right-to-sue letter allowing you to take the case to federal court. Employers who neglect their responsibilities under these laws can face legal and financial consequences.

North Carolina & South Carolina State Law

North Carolina doesn’t have a state anti-harassment statute equivalent to Title VII that creates a private right of action for most private-sector employees, making federal law the primary avenue for many NC workplace sexual harassment claims. We represent employees in both states and can guide clients through the appropriate processes at both the state and federal level.

Executives Experiencing Sexual Harassment

Is your career on the line because of someone else’s inappropriate sexual behavior? Are you worried about alienating clients or losing colleagues’ trust if you speak up? Being sexually harassed in the workplace is shocking and disheartening regardless of your role in the organization.

Executives facing harassment often hesitate to report it. The concerns are real: division among colleagues, damage to client relationships, questions about professional credibility, and the possibility of being blamed for the harassment itself. Our employment attorneys are experienced in sexual harassment cases at the executive level and understand the specific dynamics around disclosure, power, and professional relationships. We’ve helped hundreds of executives navigate these situations. There may be legal protections available even when speaking out feels professionally risky, and we provide counsel based on your company’s specific circumstances and your individual goals.

Potential for Employer Retaliation

A report from the EEOC found that a 2003 study showed that 75% of employees who spoke out against workplace mistreatment experienced some form of retaliation. With numbers like that, it’s no wonder employees are wary of coming forward. Victims often fear they won’t be believed or will face professional retaliation, such as losing their jobs.

The same laws that prohibit workplace discrimination also protect you against workplace retaliation. We understand how challenging it is to weigh the underlying harassment against the risk of retaliation, and our employment attorneys will be unflinchingly honest with you about the potential consequences to your job and career as well as what you stand to gain by taking action.

Reporting Sexual Harassment in the Workplace

To give your complaint the best chance of being taken seriously and addressed appropriately, follow these steps:

Speak Up, If You’re Comfortable

If you feel safe doing so, calmly tell the harasser to stop. Setting clear boundaries is your right. If confronting them isn’t an option or feels unsafe, don’t hesitate to move forward with the steps below.

Keep Detailed Records

Document how you were harassed, who was involved, and any witnesses present. Include the date, time, and location of each incident. If you were harassed through emails, texts, or social media messages, save them. This documentation can be an important tool in building your case.

Report to HR or Your Supervisor

Report the harassment to your supervisor or HR, following your company’s anti-harassment policy as closely as possible. If your employer fails to remedy the harassment or retaliates in any way, document those actions as thoroughly as you did the original incidents. Retaliation for filing a sexual harassment complaint is illegal.

File an External Complaint & Seek Legal Counsel

If the issue persists or your employer fails to act, you can file a complaint with the EEOC and consult a sexual harassment attorney at The Noble Law Firm. We can help you understand your rights and determine whether filing a lawsuit for damages or pursuing other legal remedies may be appropriate.

How a Sexual Harassment Attorney Can Help

If you contact our employment attorneys, we may be able to help you pursue remedies from your employer. Not all remedies are monetary; some involve changing the employer’s behavior or harassment policies.

Each employment law case is unique, but here are some examples of remedies that you can ask for, and may be able to receive if you are successful:

Compensation for Lost Wages

If you suffered economic losses due to sexual harassment, such as needing to take a leave of absence, losing hours, or being fired for reporting harassment, you may be able to recover compensation for those losses.

Compensation for Emotional Distress, Physical Pain, or Suffering

Sexual harassment can cause significant pain and suffering, including stress, anxiety, loss of sleep, and damage to your reputation. You may be able to receive compensation for these losses.

Reinstatement

If you were fired because you reported a sexual harassment violation, reinstatement may be available.

Change in Sexual Harassment Policy

Depending on your case, the EEOC may order an employer to change its employment policies and practices to create a safer workplace, potentially preventing others from experiencing harassment in the future.

Punitive Damages

In especially egregious situations, a court may award punitive damages as punishment for reckless and malicious actions. Punitive and compensatory damages are subject to federal limits based on the number of employees.

To learn more about your unique situation and find out how we can assist you, call our Raleigh sexual harassment lawyers at (919) 324-3013 or fill out our online contact form today.