Sexual harassment is a serious issue that is seldom talked-about.
Beyond experiencing profound psychological harm, individuals who have been harassed can suffer financial strain in the form of lost wages and even physical injuries, depending on the nature of the incident.
Talking to a sexual harassment lawyer can help you identify how to pursue compensation for your losses with dignity and a sense of justice.
Ask a Sexual Harassment Lawyer in Kansas City: Do You Sue the Company or the Individual for Harassment?
When you decide to take legal action in a sexual harassment case, the first decision you need to make is whether to sue the individual perpetrator and/or the organization they were affiliated with at the time of the incident.
While some victims of sexual harassment experience a greater sense of closure after winning a lawsuit against the individual who harmed them, the amount of compensation you stand to gain by suing the organization can be just as important.
Legally, you are allowed to pursue multiple lawsuits against multiple parties.
Therefore, you could actually sue both the individual and the organization.
What Is Sexual Harassment?
Any unwanted attention of a sexual nature is considered sexual harassment.
This type of misconduct takes on many forms, including unwanted touching, inappropriate comments, requests for favors, self-exposure, and the circulation of lewd or suggestive material.
Cases range from incidents involving employment offers that are contingent on sexual favors to widespread abuse within an institution such as a school or a nursing home.
When Can You Sue for Sexual Harassment?
You should always speak to a lawyer before concluding that you do not have grounds for a case.
While an isolated incident involving an off-hand comment may be difficult to prove in court, you may be able to show a pattern of inappropriate behavior within an organization or at the hands of an individual.
Additionally, incidents that are particularly egregious and/or well-documented have a stronger chance of being compensated.
Victims of sexual harassment can seek damages by bringing civil charges under personal injury law.
If your case involves rape, attempted rape, or forced sexual conduct, you may have grounds to press criminal charges. Criminal cases are completely separate from civil proceedings.
You can choose to file a civil case without pressing criminal charges or vice versa. Likewise, you could choose to pursue both a civil and a criminal case.
What Kinds of Organizations Might Be Liable?
Schools, nursing homes, religious organizations, and companies are all responsible for taking reasonable measures to keep individuals safe from harm, including sexual harassment.
Any organization that plays a role in causing personal injury to an employee, a client, or a member can be liable for paying the damages.
In sexual misconduct cases, hotels, restaurants, and transportation companies may be liable for trafficking or otherwise facilitating illegal behavior.
Likewise, churches, daycare facilities, and volunteer organizations could be held responsible for failing to prevent sexual harassment. Many sexual harassment cases center around workplace violations.
Sexual Harassment in the Workplace
Whether in the public or private sector, sexual harassment is legally unacceptable.
While many cases involve one individual being targeted by another, your employer may be liable for sexual harassment if the company culture is generally degrading towards women.
If inappropriate comments and teasing are used as a means of making female employees uncomfortable where you work, you could have a case for gender discrimination as well as sexual harassment.
Another potential overlap between sexual harassment and a different area of employment law occurs when an employee is fired or penalized for reporting inappropriate behavior.
In that case, the employee would be protected under whistleblower laws which state that an employer may not retaliate against workers who call attention to illicit practices.
You can learn more about employment law here.
Suing the Individual vs. Suing the Organization
Both the organization and the individual can be held liable for paying damages such as:
- Medical expenses
- Lost wages
- Pain and suffering
- Emotional distress
Even if you have a straightforward case against an individual, your lawyer may recommend looking into the possibility of filing a claim against an organization.
Companies, institutions, and other types of organizations tend the have liability insurance that can make the process of collecting compensation more reliable.
Additionally, holding all of the liable parties accountable may help you resolve the incident with a greater sense of closure.
Sexual harassment is illegal, both at the individual and organizational levels.
If you believe you have grounds for a sexual harassment case, it is important to speak with an attorney who is familiar with personal injury law.
While nothing can ever undo the incident, taking the right legal actions can provide you with compensation for your losses and a sense of agency over the person and/or organization that harmed you.