Sexual Harassment
Among other things, Title VII of the Civil Rights Act of 1964 protects an employee from being harassed because of his or her gender. Males and females alike are entitled to be free from sexual harassment. To have an actionable legal claim, the harassment must be such that it creates a hostile work environment. The law provides that a hostile work environment exists where the workplace is permeated with discriminatory intimidation, ridicule and/or insult that is sufficiently severe or pervasive to alter the conditions of the victim’s employment and create an abusive working environment. The employee must show that the harassment occurred because of his or her gender. In other words, the employee must show that but for her/his gender, she/he would not have been the object of harassment.
A claim of sexual harassment under Title VII must be asserted against the employer within 180 days of the unlawful employment action and must first be filed with the Equal Employment Opportunity Commission (EEOC) or, if the claim pertains to an employer located in the State of Tennessee, the Tennessee Human Rights Commission (THRC).
Many employers have a policy – stated in the employee handbook, etc. – which requires an employee who believes that he/she has been subjected to unlawful harassment to make a prompt complaint to a specified company representative. If such a policy exists, it is very important that the employee follow the policy and make a timely complaint to one of the specified company representatives (preferably in writing). Failure to make a complaint in accordance with company policy and/or failure to cooperate in any harassment investigation that the employer may conduct could deprive the employer of the opportunity to stop the harassment and thereby defeat the employee’s harassment claim.
A worker employed by a Tennessee employer is also protected from sexual harassment by the Tennessee Human Rights Act (THRA). If a worker makes a claim under the THRA, he/she must file a complaint with the Tennessee Human Rights Commission within 180 days after the discriminatory event or file a lawsuit under THRA within one year of the event.
Depending on the facts of the case, some employees who have a sexual harassment claim under Title VII and/or THRA may also have additional claims under state law. State law claims can include assault, battery, invasion of privacy and defamation. The statute of limitations for these tort claims can vary from state to state. In Mississippi and Tennessee, such claims must generally be filed within one year of the wrongful act.
- Age Discrimination
- Americans with Disability Act (ADA)
- Civil Servants – dismissal from employment without cause
- Employment Contracts
- ERISA / Employee Benefits
- Fair Labor Standards Act (FLSA) claims – overtime; wage and hour
- Family Medical Leave Act (FMLA)
- Harassment Based on an Employee’s Race, Color or National Origin
- Malicious Interference with Employment Relationship
- National Origin / Ethnicity Discrimination
- Non-Compete and Non-Solicitation Issues
- Polygraph Disputes with Employers
- Pregnancy Discrimination
- Race/Color Discrimination
- Religious Discrimination
- Retaliatory Discharge and Other Forms of Retaliation Against Employees
- Separation Agreements / Severance Packages
- Sex/Gender Discrimination
- Sexual Harassment
- Tennessee Human Rights Act
- Uniformed Services Employment and Reemployment Rights Act (USERRA) – military leave claims
- Whistleblower / Illegal Activity Claims
- Workers' Compensation Retaliation Claims
If you or someone you know in the North Mississippi/West Tennessee area is in need of representation or legal advice from an experienced employment lawyer, contact the attorneys of Stroud & Harper, P.C., by making a toll-free call to (866) 359-4878. Or, if you prefer, complete the Free Online Case Evaluation form, which you can find on the Areas of Practice page.