Sexual harassment under federal law, is prohibited.

It unlawful to harass a person (an applicant or employee) because of that person’s sex. Sexual harassment under federal law can include unwanted sexual advances, requests for sexual favors, and other verbal or physical forms of sexual harassment, such as lewd or suggestive comments.

To constitute illegal sexual harassment under federal law, the conduct does not always have to be sexual, even offensive comments about a person’s sex can be considered harassment.

For example, it is illegal to harass a woman by making offensive comments about women in general. Both the person being harassed and the person being harassed can be male or female, and both can be the same sex.

Sexual harassment under federal law does not generally involve simple teasing, offhand comments, or one-off incidents that are not too bad.

But illegal sexual harassment under federal law does consist of frequent or egregiously offensive conduct that happens so often or is so bad that it makes the workplace hostile or offensive or when it leads to a bad employment decision (such as the victim being fired or demoted).

The sexual harasser could be the victim’s boss, a boss in another area, a co-worker, or even a client or customer who is not an employee of the company.

Continuing Violation Theory in Sexual Harassment Law

Sexual harassment is a pervasive problem in many workplaces, and victims of harassment often face numerous challenges when attempting to seek justice for the harm they have suffered.

One legal theory that can be particularly helpful in pursuing cases of sexual harassment under federal law is the continuing violation theory.

What is the Continuing Violation Theory?

The continuing violation theory is a legal concept that allows victims of sexual harassment to hold their employers accountable for a pattern of ongoing behavior, even if individual instances of sexual harassment occurred outside of the statute of limitations.

Under this theory, the clock on the statute of limitations does not start ticking until the last instance of sexual harassment occurs, as long as the behavior is part of a pattern of ongoing conduct that can be considered a continuing violation of the victim’s rights.

The continuing violation theory is particularly useful in sexual harassment cases under federal law because sexual harassment is often a pattern of ongoing behavior rather than a single isolated incident.

Victims of sexual harassment under federal law may be subjected to a series of inappropriate comments, unwelcome advances, or other forms of sexual harassment that continue over a period of time, making it difficult to pinpoint a specific incident that falls within the statute of limitations.

By allowing victims to consider the entire pattern of behavior as a continuing violation, the continuing violation theory can help victims of sexual harassment obtain justice and hold their employers accountable for the harm they have suffered.

How is the Continuing Violation Theory Applied in Sexual Harassment Cases?

In order to successfully apply the continuing violation theory in a case of sexual harassment under federal law, a victim must demonstrate that there was a pattern of ongoing behavior that can be considered a continuing violation of their rights. This can be established by showing that:

• • The harassment was continuous and ongoing over a period of time;

• • The harassment was pervasive and severe, making it difficult to identify specific incidents that fall within the statute of limitations; or

• • The employer knew or should have known about the harassment and failed to take appropriate action to address it.

If a victim can establish that the harassment they experienced was part of a continuing violation, they may be able to hold their employer accountable for all instances of harassment, even those that occurred outside of the statute of limitations.

Benefits of the Continuing Violation Theory in Sexual Harassment Cases

The continuing violation theory can provide victims of sexual harassment with a number of important benefits, including:

• • Allowing victims to hold their employers accountable for a pattern of ongoing behavior, rather than limiting them to individual incidents that occurred within the statute of limitations;

• • Ensuring that victims of sexual harassment are not penalized for their inability to identify specific incidents of harassment that fall within the statute of limitations;

• • Providing victims with a legal theory that can be used to hold employers accountable for allowing a culture of harassment to persist in the workplace; and

• • Helping to shift the burden of responsibility from the victim to the employer, by requiring employers to take proactive steps to prevent harassment and address it when it occurs.

Benefits of Filing a Complaint of Sexual Harassment Under Federal Law

If you are a victim of sexual harassment under federal law, filing a complaint with the Equal Employment Opportunity Commission (EEOC) can provide you with many benefits.

As a sexual harassment lawyer, I have seen firsthand how the EEOC can help victims of harassment obtain justice and hold their harassers accountable.

Protection Against Retaliation

Once you file a complaint with the EEOC, your employer is prohibited from retaliating against you.

This means that your employer cannot legally fire you, demote you, or take any other adverse action against you in response to your complaint.

Investigation of Your Complaint

The EEOC will investigate your complaint and determine whether there is reasonable cause to believe that discrimination occurred.

If the EEOC finds that discrimination occurred, it may try to settle the matter between you and your employer.

If a settlement cannot be reached, the EEOC may file a lawsuit on your behalf, or you can file one with the help of a sexual harassment lawyer.

Access to Legal Representation

If you file a complaint with the EEOC, you may be able to obtain legal representation.

This can be especially important if you are facing retaliation from your employer or if your case is particularly complex.

Compensation for Your Damages

If the EEOC finds in your favor, you may be entitled to compensation for your damages.

This can include back pay, front pay, and compensatory damages for emotional distress and other harms you suffered as a result of the harassment.

Holding Your Harasser Accountable

Filing a complaint with the EEOC can help hold your harasser accountable for their actions.

This can include not only your immediate supervisor, but also co-workers who participated in the harassment or higher-level managers who failed to take action to stop the harassment.

The Benefits of Filing a Complaint in Federal District Court After Receiving a Right to Sue Letter from the EEOC

As a victim of workplace discrimination, you have the right to file a complaint with the Equal Employment Opportunity Commission (EEOC).

If the EEOC determines that there is reasonable cause to believe that discrimination occurred, or even if they do not, they will issue a right to sue letter.

This letter grants you the right to file a lawsuit against your employer in federal district court.

Relief Available in Federal District Court

Filing a complaint in federal district court after receiving a right to sue letter can provide you with several benefits, including access to various forms of relief.

One of the most important forms of relief available to plaintiffs in these cases is damages.

Compensatory Damages

Compensatory damages are designed to compensate you for any harm that you suffered as a result of the discrimination.

This can include damages for emotional distress, pain and suffering, and any other losses you experienced as a result of the discrimination.

Punitive Damages

Punitive damages are designed to punish the employer for their discriminatory actions and to deter similar behavior in the future.

These damages can be significant and can help send a message to other employers that discrimination will not be tolerated.

Attorney Fees and Costs

If you win your case, you may also be entitled to recover your attorney fees and costs.

This can help ensure that you are not left with a significant financial burden after fighting for your rights.

The Benefits of Retaining an Attorney to Pursue a Sexual Harassment Claim

Sexual harassment under federal law is a serious issue that can have a devastating impact on the lives of victims. If you have been the victim of sexual harassment in the workplace, it is important to take immediate action to protect your rights. One of the best steps you can take is to retain an experienced employment discrimination attorney. Here are some of the benefits of hiring an attorney to pursue a sexual harassment claim through the Equal Employment Opportunity Commission (EEOC) and federal court:

An Attorney Can Provide Legal Guidance and Advice

An experienced attorney can provide you with the legal guidance and advice you need to make informed decisions about your case. They can help you understand your rights under the law and explain the process for filing a complaint with the EEOC. They can also help you gather the necessary evidence to support your claim and advise you on the damages you may be entitled to if your claim is successful.

An Attorney Can Help You Navigate the Legal Process

The legal process to fight sexual harassment under federal law can be complex and overwhelming, especially if you have never been involved in a legal matter before. An attorney can help you navigate the legal process and guide you through each step, from filing a complaint to negotiating a settlement or taking your case to court. They can also represent you at hearings and mediations, which can help you achieve a better outcome in your case.

An Attorney Can Help You Build a Strong Case

Building a strong case is critical to success in a sexual harassment claim. An attorney can help you gather evidence, interview witnesses, and prepare legal arguments to support your case. They can also help you anticipate and respond to any arguments or defenses raised by the other side.

An Attorney Can Help You Achieve a Better Outcome

Hiring an attorney can improve your chances of achieving a favorable outcome in your sexual harassment claim. An experienced attorney can help you negotiate a settlement with the other party or take your case to court if necessary. They can also help you obtain the maximum damages to which you are entitled.

An Attorney Can Provide Emotional Support

Experiencing sexual harassment can be emotionally taxing, especially if you have been traumatized by the experience. An attorney can provide emotional support throughout the legal process and help you cope with the emotional impact of the harassment. They can also help you connect with support groups and other resources that can help you recover from the trauma of the harassment.

An Attorney Can Protect Your Rights and Interests

An attorney can help you protect your rights and interests throughout the legal process in your fight against sexual harassment under federal law. They can advise you on the legal options available to you and help you make informed decisions about how to proceed with your case. They can also protect you from retaliation by your employer or others who may seek to harm you as a result of your claim.