Sexual harassment claims cannot be made if the sexual behavior was welcomed, or occurred with mutual consent.
The Virginia Values Act (“VVA”), that went into effect in 2020, may increase an employer’s exposure for employment discrimination claims, because it expands coverages of the Virginia Human Rights Act (“VHRA”), allowing causes of action for discrimination, and expanding available remedies. Virginia Beach employees may find the VVA to be helpful when they are considering remedies under Title VII and other federal EEO rules, because some of these new rights extend beyond current federal rights. Victims of workplace sexual harassment should seek guidance form experienced lawyers in Virginia Beach who can answer questions and take the appropriate legal steps to remedy workplace difficulties and access comprehensive damages.
Law
While Title VII offers a wide range of protections for negative behaviors against race, color, religion, sex, and national origin applying to employers with 15, or more employees, the VVA applies to discriminatory discharge claims for employers with 6-14 employees, and to discharge and other adverse employment actions for employers of 15, or more employees, with special circumstance to employers with 20 or more, when a claim is regarding age discrimination.
Sexual harassment in the workplace is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964. If there is some reason that a victim is not protected under Title VII language, a civil rights, personal injury, or employment law attorney may be able to offer another means toward compensation when sexual harassment causes harm and damage to an employee.
Sexual harassment claims
Sexual harassment claims cannot be made if the sexual behavior was welcomed, or occurred with mutual consent. Sexual harassment is illegal when it is so frequent, or severe that it creates a hostile or offensive work environment, or when it results in an adverse employment decision, such as a victim being fired, transferred, or demoted. The harasser can be the victim’s supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer.
Legal recourse
Victims of sexual harassment have legal options against sexual harassment, and seeking legal counsel is the first thing a victim should do after reporting the abuse through the proper channels at a place of employment, or at school, or wherever the incident took place; if there are procedural guidelines set up that must be followed.
Avenues for reporting
- Direct reporting.
- Requesting mediation as an informal solution.
- Employer grievance procedures.
- Equal Employment Opportunity Commission complaint against the alleged sexual harassment in the workplace.
Damages
Employee advantages to state action.
- There is no cap on compensatory damages in Virginia. Punitive damages are capped at the highest level of $350,000.
- No depositions may be used for summary judgment in state court and summary judgment is difficult to obtain. In federal court, many discrimination cases end at summary judgement
- A motivating factor burden of proof is necessary versus a determinative factor
Speak with an attorney regarding compensation.
- Monetary damages including back pay, attorney and court fees, emotional pain, and negative effects of the harassment.
- Equitable relief by job reinstatement, or promotion.
- Punitive damages if actions were extremely offensive, and egregious sexual harassment misconduct.
If you, or someone you know is a victim of sexual harassment, or related sexual assault, seek out a professional attorney for guidance toward legal actions that will remedy the situation.
Sources:
https://law.lis.virginia.gov/vacode/title2.2/chapter39/section2.2-3900/
https://www.justice.gov/crt/fcs/TitleVI-Overview
https://www.justice.gov/crt/fcs/TitleVI-Overview
https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964
https://www.eeoc.gov/statutes/age-discrimination-employment-act-1967
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