Our Charleston attorneys help employees who face sexual harassment. Sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964. Title VII, applies to any company with more than 15 employees when it comes to sexual harassment. The company must also be in an industry affecting interstate commerce.
The United Stated Equal Employment Opportunity Commission (EEOC) defines sexual harassment as:
Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment when submission to or rejection of this conduct explicitly or implicitly affects an individual’s employment, unreasonably interferes with an individual’s work performance or creates an intimidating, hostile or offensive work environment.
According to the EEOC, sexual harassment can occur in a variety of circumstances such as:
- The victim as well as the harasser may be a woman or a man
- The victim does not have to be of the opposite sex
- The harasser can be the victim’s supervisor, an agent of the employer, a supervisor in another area, a co-worker, or a non-employee
- The victim does not have to be the person harassed but could be anyone affected by the offensive conduct
- Unlawful sexual harassment may occur without economic injury to or discharge of the victim
- The harasser’s conduct must be unwelcome.
Title VII charges must be filed with the South Carolina Human Affairs Commission (SCHAC) within 180 days of the alleged discriminatory act. However, you can still file after 180 days if less than 300 days have passed, in which case the charge will be transferred from SCHAC to the EEOC.
According to the “South Carolina Human Affairs Law,” S.C. Code Ann. § 1-13-10 et seq., it is against the law for an employer, employment agency, or labor organization to discriminate against an individual based on their sex.
There are two basic types of sexual harassment:
- Quid Pro Quo – Occurs when someone with authority over your job, such as supervisor, demands sexual favors from an employee in exchange for assistance in promoting, hiring, or retaining the employee.
- Hostile Work Environment – Occurs when unwelcome sexual conduct unreasonably interferes with an individual’s job performance or creates a hostile, intimidating or offensive work environment.
Charleston Sexual Harassment Lawyers
The Charleston Employment Law Attorneys at Futeral & Nelson, LLC help those employees have been harassed or discriminated against in Charleston, North Charleston, Mt. Pleasant, Summerville, Goose Creek, Hanahan, Moncks Corner, James Island, West Ashley, Folly Beach, Sullivan’s Island, Isle of Palms, Awendaw, McClellanville and the surrounding areas.