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Sexual Harassment In The Workplace
Sexual Harassment in the Alabama Workplace: Understanding Your Rights and Legal Protections
At Fenny & Fenny LLC, we are committed to protecting Alabama workers from all forms of workplace discrimination, including sexual harassment. Our experienced attorneys understand the complexities of sexual harassment cases and are dedicated to helping victims seek justice and fair compensation.
Defining Sexual Harassment Under Alabama Law
While Alabama does not have a specific state law addressing sexual harassment, such behavior is prohibited under federal law and is considered a form of sex discrimination under Title VII of the Civil Rights Act of 1964. The Alabama Supreme Court has adopted the federal definition of sexual harassment in interpreting cases under state law.
According to the Equal Employment Opportunity Commission (EEOC), sexual harassment is defined as:
“Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:
- Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment,
- Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or
- Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment.”
Types of Sexual Harassment in Alabama Workplaces
- Quid Pro Quo Harassment
This type of harassment occurs when job benefits are directly linked to submitting to sexual advances or requests. Examples include:
- A supervisor promising a promotion in exchange for sexual favors
- A manager threatening termination if an employee refuses to go on a date
- Conditioning job assignments or opportunities on sexual compliance
- Hostile Work Environment
This form of harassment creates an intimidating, offensive, or hostile work atmosphere through pervasive or severe conduct of a sexual nature. Examples may include:
- Displaying sexually explicit images or materials in the workplace
- Making unwelcome sexual comments, jokes, or gestures
- Unwanted touching or physical contact
- Sending inappropriate emails or messages of a sexual nature
Important Considerations in Alabama Sexual Harassment Cases
- Gender-Neutral Protection: Sexual harassment laws protect all employees, regardless of gender. Men can be victims of sexual harassment, and women can be perpetrators.
- Same-Sex Harassment: Alabama courts recognize that sexual harassment can occur between members of the same sex.
- Reasonable Person Standard: For a hostile work environment claim, the conduct must be severe or pervasive enough that a reasonable person would find it offensive.
- Employer Liability: In Alabama, employers can be held liable for sexual harassment committed by supervisors, coworkers, and even non-employees in certain circumstances.
Legal Protections and Remedies in Alabama
- Federal Protections
- Title VII of the Civil Rights Act of 1964 (applies to employers with 15 or more employees)
- Equal Pay Act of 1963
- State Protections
- While Alabama doesn’t have a comprehensive state anti-discrimination law, victims can file claims under federal law or pursue common law remedies in state court.
Available Remedies
- Back pay and front pay
- Compensatory damages for emotional distress
- Punitive damages in cases of egregious conduct
- Reinstatement or promotion
- Attorney’s fees and court costs
Steps to Take if You’re Experiencing Sexual Harassment in Alabama
- Document the Harassment: Keep a detailed record of all incidents, including dates, times, locations, and witnesses.
- Report the Harassment: Follow your company’s complaint procedure. If there isn’t one, report to HR or a supervisor.
- Preserve Evidence: Save any emails, texts, or other communications related to the harassment.
- Know Your Rights: Familiarize yourself with your company’s sexual harassment policy and federal protections.
- Seek Legal Counsel: Consult with an experienced sexual harassment attorney to understand your options.
How Fenny & Fenny LLC Can Help
Our skilled attorneys at Fenny & Fenny LLC are well-versed in both federal and Alabama state employment laws. We can assist you by:
- Evaluating Your Case: We’ll review the details of your situation to determine if you have a valid sexual harassment claim.
- Gathering Evidence: Our team will help collect and analyze evidence to support your case, including employment records, witness statements, and relevant company policies.
- Filing Administrative Complaints: We can help you file a charge with the EEOC, which is typically required before pursuing a lawsuit.
- Negotiating Settlements: We’ll attempt to negotiate a fair settlement with your employer before proceeding to litigation.
- Litigation: If necessary, we’ll represent you in court, fighting vigorously for your rights and fair compensation.
Notable Alabama Sexual Harassment Cases
- Morrow v. Wal-Mart Stores, Inc. (1998): The Alabama Supreme Court recognized that same-sex sexual harassment is actionable under state law.
- Ex parte Carlisle (2018): The Alabama Supreme Court clarified the standards for employer liability in sexual harassment cases.
Contact Our Sexual Harassment Attorneys Today
If you’re experiencing sexual harassment in your Alabama workplace, don’t face this challenging situation alone. Contact Fenny & Fenny LLC today to schedule a confidential consultation with our experienced employment law attorneys. We’re here to help you understand your rights, explore your options, and fight for the justice and compensation you deserve under Alabama and federal law.
Remember, you have the right to a workplace free from sexual harassment. Let Fenny & Fenny LLC be your advocate in creating a safe and respectful work environment for all Alabama employees.