The attorneys at Van Kampen Law know that sexual harassment comes in many forms — all of them illegal. Sexual harassment can range from sexual jokes or unwelcome hugs to demands for sex or even sexual assault.
NC Employment Law Protections for Sexual Harassment Victims
Sexual harassment can be directed at an individual or an entire workplace if the behavior creates a hostile work environment. There are employment law protections for all types of sexual harassment victims.
The legal claims and state law is significant because North Carolina does not apply a damages cap on emotional distress damages — unlike the federal law prohibiting sexual harassment.
Legal Claims of Emotional Distress and Civil Battery
North Carolina also recognizes the legal claims of emotional distress and civil battery in sexual harassment cases.
Emotional distress can be intentional (where the person who is doing the harassing intends to emotionally hurt the victim) or it can be negligent (the victimizer didn’t intend it, but should have foreseen that the victim would be hurt by the behavior).
Civil battery is any unwelcome touching short of criminal assault.
Preventing Sexual Harassment in the Workplace
The Civil Rights Act of 1964 establishes employees’ right to be free from sexual harassment and discrimination in the workplace, but the law does not prevent sexual harassment from occurring.
Prevention requires a commitment from both employers and employees to promote a safe and respectful workplace, along with the willingness to take action against those who sexually harass coworkers.
Reporting Sexual Harassment Cases
Failure to report sexual harassment can compromise your case. If you are unsure if what you are experiencing qualifies as sexual harassment, or you do not know what you can do about it, the attorneys at Van Kampen Law are here to help.