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Unwanted Physical Contact at Work

The law recognizes two forms of sexual harassment

1. Quid Pro Quo sexual harassment is where an Owner, Manager or supervisor requires or coerces a subordinate employee to take some sort of sexual action in exchange for an employment benefit or to avoid a demotion or firing.

2. The second form is called Hostile work environment sexual harassment involves any unwelcome sexual conduct that is severe or pervasive enough to alter the work environment.

Inappropriate touching involves hugs, touches and other gestures of a physical nature, but maybe not necessarily be of a sexual nature, these physical encounters tend to make an employee feel uncomfortable and is not deemed appropriate workplace conduct. Under some circumstances, you can be afraid to speak up for yourself.

You might be too intimidated to say ‘no.’ You may fear retaliation or further sexual harassment. The law is on the victim’s side — even if you did not explicitly say “no,” or tell the harasser to stop, you might still have a case for sexual harassment. As long as the behavior is unwanted, you may convince a court or the EEOC that you have a valid sexual harassment claim.

The sexual harassment lawyers at the Derek Smith Law Group will guide you every step of the way and inform you on whether the unwanted physical contact is a case for an EEOC claim, a state or federal lawsuit and if severe enough the unwanted physical contact may be a misdemeanor or a felony under the law of your state.

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Unlawful Physical Contact Come in Many Forms

A range of physical acts could constitute sexual harassment in the workplace. Some are simple yet inappropriate behaviors. Others are criminal sexual acts that could warrant criminal as well as civil charges. Speak to a sexual harassment attorney to have your rights as an employee explained to you and to see if you have a sexual harassment lawsuit or EEOC claim. Examples of physical harassment include:

  • Groping
  • Grinding
  • Patting or petting
  • Stroking
  • Massaging
  • Rubbing
  • Blocking a person’s movements
  • Kissing
  • Fondling
  • Physical assault
  • Coerced sexual activity
  • Attempted rape or rape

Maybe you brushed it off as a one-time event, but then it didn’t stop. Or, it only happened once but the conduct was especially severe, such as rape.  Either of those scenarios could be sexual harassment. Sometimes, harassment starts off seemingly innocent but then escalates into full-blown abuse.

A few specific examples of physical harassment are:

  • Grabbing your buttocks or breasts
  • Purposefully rubbing up against you
  • Trying to kiss you without permission
  • Rubbing his or her genitals on you
  • Hugging you without asking
  • Caressing any part of your body in a sexual way

If you have been violated, promptly report the abuse to your supervisor and the Human Resources department. Familiarize yourself with company anti-harassment policies. Use that information to gain leverage in the situation. If your complaints are ignored or the harassment continues, speak with a sexual harassment attorney right away. Our top sexual harassment attorneys have handled many sexual harassment lawsuits as well as EEOC claims.

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