Sexual harassment claims occur within the context of Title VII as well as related state law claims. Sexual harassment previously had two distinct types of claims, but these distinctions have largely disappeared over the past decade with the ongoing changes in the law. The key elements to these claims are
- the conduct must be subjectively unwelcome to the employee; and
- the conduct must be considered objectively unreasonable.
The key focus is that the conduct at issue must be because of sex. The alleged harasser may be male or female. Additionally, same-sex harassment is actionable under Title VII.
Although there are a number of defenses available to companies, the scope of available sexual harassment claims continues to grow. From the employer side, the focus of sexual harassment claims needs to be on effective training, prevention, reporting, and monitoring of the workplace. Companies should also have effective policies and procedures concerning employee behavior in the workplace and employee relationships.
There are also additional related claims that may occur under state law in North Carolina. These claims include:
- Negligent Retention and Supervision
- Intentional Infliction of Emotional Distress
Generally, there is no individual liability for claims under Title VII within the Fourth Circuit, including claims for sexual harassment. However, state law claims also create situations where there may be individual liability in addition to corporate liability.
Levy Law Offices is available to represent individuals and businesses in federal court, state court, arbitration proceedings, mediation proceedings, the North Carolina Office of Administrative Hearings, and administrative agencies such as the Equal Employment Opportunity Commission.
For a detailed evaluation of your case, please call Levy Law Offices for an initial consultation. There is a $240.00 fee for the initial consultation. Levy Law Offices does not evaluate potential cases over the phone or outside of the consultation.
Levy Law Offices represents individuals in sexual harassment cases on an hourly basis at the rate of $240.00 per hour, or on a reduced hourly basis plus a contingency fee. Levy Law Offices represents businesses and individuals defending claims under the sexual harassment cases on an hourly basis at the rate of $240.00 per hour.