In the U.S., the Equal Employment Opportunity Commission (EEOC) gets over 11,000 complaints of harassment in the workplace each year. Many of those complaints are filed by women, but men can also be victims of sexual harassment in Greenville, South Carolina .
An isolated crude remark or occasional teasing may not rise to harassment, but, according to our state’s Human Affairs Commission (SCHAC) , conduct that is deemed harassment includes:
- Any unwelcome sexual advances
- Requests for sexual favors
- Any other sexual or verbal harassment that results in a hostile work environment
If one has suffered sexual harassment at work, then it is important for them to have their case thoroughly evaluated by a dedicated attorney. If there is a valid claim, it is important to take immediate steps to protect the person’s rights.
Sexual Harassment in Greenville, South Carolina, and ‘Quid Pro Quo’
Jump Ahead To
One type of sexual harassment that could be grounds for a federal or state lawsuit is known as “quid pro quo.” In such instances, a co-worker, supervisor, or even a client may make a sexual advance or ask one to perform a sexual favor, in return for favorable treatment at work. The harasser may even threaten punishment if one refuses.
To establish a quid pro quo claim , the claimant must show that:
- The situation occurred within the content of the claimant’s employment and not within a non-work-related social setting;
- The harasser either threatened or promised an action related to work;
- The harasser was in a position to make good on the threat or promise
How to File a Sexual Harassment Lawsuit in South Carolina
If a claimant believes that they have been sexually harassed at work, the claimant can report the situation to the employer. If reporting the behavior does not have the desired effect, the South Carolina Human Affairs Law along with Title VII of our federal Civil Rights Act may offer a path to relief.
However, a claimant must take steps to file a lawsuit, including:
- File a formal complaint – the claimant must file a complaint with either the Equal Employment Opportunity Commission or the South Carolina Human Affairs Commission. The complaint must be filed within 180 days of the harassing act taking place so as to preserve the claimant’s right to file a lawsuit in a South Carolina court, and within 300 days to preserve one’s right in a federal court.
- Participate in an investigation – the agency will carry out an investigation into the complaint. The investigation may include reviewing employment records, subpoenaing correspondence and documents, and also interviewing any relevant witnesses. It is important that the claimant cooperate in the investigation, but should do so with the advice of a lawyer.
- Go through mediation – the claimant may be asked to go through a mediation process in an attempt to resolve the complaint in a peaceful manner and to avoid having to go to court.
- Go to a hearing – the SCHAC might wish to conduct a hearing on the complaint. The hearing will take place before a panel and that panel will make findings and then reach a conclusion about the case.
- File a lawsuit – once the claimant has exhausted their administrative remedies, the claimant will have the opportunity to pursue relief in either a state or a federal court. The lawsuit must be filed within 90 days of receiving the “right to sue” letter from the EEOC, or within 120 days or 12 months from the date of the incident, whichever comes sooner, after getting the SCHAC’s “right to sue” letter.
The complaint may be filed in the local Upstate South Carolina state court, but there is also the ability to file in the U.S. District Court for the District of South Carolina.
Claimants should keep in mind that damages available in a federal court tend to be greater than those available in a state court. At federal court level, the case may be heard before a jury, too, which means it could be in the claimant’s best interest to seek relief via a federal court case.
Damages Available to the Claimant
If the claimant is successful in their claim, the amount the person can get in financial compensation depends on the kind of harm endured as a result of the harassment. Some types of damages include:
Back Pay
If one was denied a raise, fired, or refused a promotion as a result of sexual harassment , then one may be entitled to back pay, or the wages, benefits, and other financial compensation they would have made from the time of the adverse action up to the date of the judgment.
Front Pay
If a person had to quit or lost their job because of the incident, they might have the right to return to the former position. But, reinstatement is often impractical or completely impossible. In such cases, the claimant may be entitled to a front pay away rather than reinstatement. Front pay is designed to compensate one for wage losses one may suffer from the date of the judgment into the future.
Punitive Damages
Regardless of whether the person lost any wages, the claimant may be eligible for compensatory damages or punitive damages. Punitive damages aim to punish the harasser for the adverse behavior and may be available if the employer was aware of the behavior but did not attempt to correct the situation. Compensatory damages include compensation for emotional distress suffered as a result of the harassment.
Contact a Greenville Sexual Harassment Attorney Today
Nobody should have to suffer through sexual harassment in Greenville, South Carolina . Anyone who believes that they have been a victim of this type of adverse workplace action needs a dedicated South Carolina attorney on their side to fight for fair and just compensation, not only for the potential loss of earnings, but for one’s emotional suffering, too, as a result of the harassment. Lauren Taylor Law has experience in this area of law and can guide clients through the mediation and legal process. Book a consultation today.
South Carolina divorce attorney Lauren Taylor practices family law in Charleston and Greenville. She graduated from the Charlotte School of Law, and has been practicing for more than ten years.
Since the firm’s inception in 2012, Mrs. Taylor has helped hundreds of people navigate the uncertainties surrounding the family and criminal court process.
She has cultivated a team that ensures each case has a strategy crafted specifically to the clients needs and desires.
Her commitment to top notch service has led her to open two additional offices in the low country where she now resides with her husband Michael and her golden retriever, Buster.