Sexual Harassment Lawyer in Las Vegas

In Nevada, you have the right to work in an environment that is free of discrimination. One kind of discrimination you should never have to tolerate is based on sex.  Whatever gender you identify with and any characteristics particular to that gender cannot be the basis for disparate treatment.  Nor do you, or should you, have to endure unwanted comments, solicitations, or touching that are inappropriate and offensive.

The workplace sexual harassment lawyers at Paul Padda Law know all too well that sexual discrimination and harassment are far too prevalent in many workplaces around Las Vegas.  We are committed to helping bring fairness and respect to the workplaces in our community.  Call us today at (702) 366-1888 and let us bring justice to your workplace. 

What Is Workplace Sexual Harassment?

Under both state and federal law, sexual harassment includes unwanted and offensive behavior by someone in a work environment toward another that is either sexual in nature or discriminatory because of gender. Sexual harassment can occur between opposite-sex persons or between two people of the same sex. Sexual harassment can include the following types of behavior:

• Unwelcome touching
• Comments about sex or gender – derogatory jokes
• Solicitations for sex
• Sexually explicit communications or displays via email, text or other media
• Unfair treatment based on gender or rejection of sexual advances

Not all conduct that may be unwelcome rises to the level of sexual harassment. The behavior must be significant enough to have a substantial negative impact on your ability to perform your work responsibilities. Conduct that is considered to be sexual harassment falls into one of two legal categories.

Quid Pro Quo – This is where someone with more authority wants something sexually inappropriate in exchange for something that affects your employment status – “you give me this, I give you that.”  In other words, conditioning an employment benefit in exchange for a sexual act.  An employer can be strictly liable for a supervisor’s sexual harassment.  The United States Court of Appeals for the Ninth Circuit has stated that “employers are held strictly accountable if they place in positions of authority persons who extract sexual favors from those over whom they exercise power.”  In other words, the fact that the employer does not know of the supervisor’s harassing conduct is irrelevant to the issue of liability. 

Hostile Work Environment – This occurs when there is emotional or physical abuse that makes it extremely difficult or impossible to do your job.  To prove sexual harassment based upon a hostile work environment theory, an employee must prove

(1) that he or she was subjected to verbal or physical conduct of a sexual nature,
(2) this conduct was unwelcome,
(3) the conduct was sufficiently severe or pervasive to alter the conditions of the victim’s employment and create an abusive working environment and
(4) the working environment must be perceived from both a subjective and objective (reasonable person standard) perspective as abusive. 

Generally, the simplest way to think of sexual harassment is that it is unwanted and unwelcome behavior of a sexual nature that interferes with a person’s life and ability to function at work, home, or school.  Sexual advances, forced sexual activity, statements about sexual orientation or sexuality, requests for sexual favors, and other verbal or physical conduct of a sexual nature (including jokes and off-handed comments) all constitute sexual harassment.  The behavior can be either direct or implied.  Some basics about sexual harassment include the following:

• The victim as well as the harasser can be either male or female.  In fact, in recent years the number of sexual harassment claims filed by men has tripled.  The harasser does not need to be of the opposite sex.
• The harasser’s behavior must be unwelcome.                        
• The harasser can be anyone; a supervisor, a client, a co-worker, a teacher/professor, a schoolmate, a stranger, even a family member. 
• The victim does not have to be the person directly harassed but can be anyone who finds the behavior offensive and is affected by it.  For example, sexual harassment directed at a female employee can affect another female worker where it can be shown that the work atmosphere is permeated with sexual innuendo. 
• The harasser does not have to have sexual intentions towards the target for the behavior to be considered discriminatory. 

How Often Does Sexual Harassment In The Workplace Occur?

Accurate statistics are not available because they depend on someone coming forward to report the harassment.  According to the US Government Accountability Office, most people who experience sexual harassment in the workplace do not report it either to their employer or to the relevant public agency. 

Women are more likely to leave a job or avoid their harasser due to expectations of retaliation or other negative consequences if they should make a formal complaint. It is estimated only about 6 – 13% of people experiencing sexual harassment actually report it. 

What the data does show is that women make up about 80% of those filing sexual harassment claims.  And claims filed that also included an allegation of retaliation have increased steadily year over year since 2009. 

What Can I Do If I’m Being Sexually Harassed At Work?

If you’re being sexually harassed at work, you may be in for a fight if you decide to do something about it.  Think David and Goliath.  That’s why most of the time it goes unreported.  But if you’re serious you need to get your “ducks in a row” and make sure you have a credible case and a good lawyer by your side. That means you need to have evidence of what’s going on and that it’s unwelcome behavior.  Here are some important tips on what you can do if you’re experiencing workplace sexual harassment:

• Review any company policies or handbooks and follow the procedures as described. That usually means you need to make some kind of report within the company. Always keep copies of everything you provide to the company. 
• Document in writing every instance or incident that supports your position – dates, times, locations, what happened, and your response. If you haven’t been responding, decide on a response you can provide that clearly indicates ‘not okay’ and stick to it.  Keep your documentation in a safe location.
• Confide in someone trusted. If you haven’t reported it to your company, having someone you trust know what’s going on can provide support for your account of events.
• Consider contacting an attorney that specializes in employment law.  Getting some information from someone who understands can be very reassuring. 
• Be prepared to look for another job. The truth is that even if your employer gets the harassment to stop, continuing to work in the same environment with your harasser may not be something you can continue to do. 

Can My Employer Retaliate Against Me For Filing A Sexual Harassment Claim?

Legally, your employer cannot retaliate against you for filing a claim. But that doesn’t mean it won’t happen.  The fear of being demoted or fired is often what allows sexual harassment to continue.  Retaliation might not involve any obvious job changes but could include other negative behaviors that are specifically directed toward you.  Regardless of the outcome of your sexual harassment claim, if your employer retaliates against you for making it, you can make a claim for retaliation.  At Paul Padda Law, we’ve handled countless retaliation claims with great success and can help you understand your legal rights in this area.    

How Much Does It Cost To Hire A Sexual Harassment Lawyer Cost?

Some lawyers charge by the hour and some charge based upon a contingency fee arrangement.  At Paul Padda Law, we handle sexual harassment cases based upon a contingency fee.  This means that we don’t get paid any fees unless we recover something for you.