Phoenix Sexual Harassment Attorney
Has your supervisor made you feel like your career advancement depends on your acquiescing to their sexual advancements? Has a co-worker repeatedly made sexual comments to you or created a sexually-charged work environment, and your employer refuses to address the situation despite you reporting the conduct? Sexual harassment is a form of sex discrimination prohibited by federal law under Title VII of the Civil Rights Act and by Arizona law under the Arizona Civil Rights Act. Prohibited conduct includes unwelcome sexual advances, requests for sexual favors, and other unwelcome verbal, written, visual, or physical conduct of a sexual nature, as well as harassment based on a person’s sex more broadly. It is not limited to physical contact, and the harasser can be a supervisor, co-worker, client, or customer/vendor. The victim and the harasser can be any gender.
Not every uncomfortable workplace interaction is unlawful. In general, harassment becomes illegal when an employee’s submission to it is made a condition of employment or a job benefit, or when it is severe or pervasive enough to create a hostile work environment. Whether your employer can be held legally responsible often depends on who the harasser is, whether you reported the conduct, and how the employer responded. Every situation is different, so it is important to speak with a qualified employment attorney about the specific facts as soon as possible.
If you are being sexually harassed at work, or were fired, demoted, or pushed out after rejecting advances or reporting harassment, an Arizona employment attorney can evaluate your situation and explain your options. Many harassment and retaliation claims must be initiated within a short time, and waiting could mean losing the ability to pursue legal action.
Common Fact Patterns in Sexual Harassment Cases
Quid pro quo harassment. A supervisor conditions a job, promotion, schedule, or raise on sexual conduct, or takes a negative action after the employee refuses. (For example, a manager repeatedly asks an employee out and, after being turned down, cuts her hours and assigns her undesirable shifts.)
Hostile work environment. Ongoing sexual comments, jokes, touching, explicit images, or messages that make the workplace intimidating or offensive. (For example, a coworker sends sexually explicit texts and makes comments about an employee’s body for months, and management does nothing after he reports it.)
Harassment by a supervisor or owner. The harasser has authority over the employee’s job, which can make reporting feel risky and can affect the employer’s legal responsibility. (For example, a business owner touches employees inappropriately and threatens termination if anyone complains.)
Harassment by a customer, client, or other third party. An employer may be responsible if it knew or should have known and failed to take reasonable steps to stop it. (For example, a restaurant manager tells a server to “ignore” a regular customer’s groping.)
Forced resignation. The conditions become so intolerable after harassment and an inadequate employer response that a reasonable person would feel compelled to quit. (This is sometimes called constructive discharge and is a fact-specific claim.)
Common Deadlines in Sexual Harassment Cases
Most sexual harassment claims require filing an agency charge before going to court. An attorney can advise on all deadlines that may apply to your situation. Below is a non-exhaustive list of some common deadlines:
180/300 days to file a Charge of Discrimination
180 days to file with the Arizona Attorney General’s Office for sex discrimination, harassment, and related retaliation claims under Arizona law.
300 days to file with the Equal Employment Opportunity Commission (EEOC) for sex discrimination, harassment, and related retaliation claims under federal law.
For a hostile-work-environment claim, the deadline generally runs from the last act in the pattern of harassment, but earlier acts may not always count, so it is safest not to wait.
Other claims, such as a retaliatory termination or claims under other laws, may have different deadlines. See wrongful termination and retaliation practice pages.
FAQs About Sexual Harassment
Does the harassment have to be physical?
No. Verbal comments, written messages, emails, texts, social media messages, and visual material can all constitute harassment. A single incident can be enough if it is serious, such as a physical assault, though many hostile-work-environment claims involve a pattern of conduct.
Does it matter who the harasser is?
Yes. Harassment by a supervisor, manager, or owner can create different legal responsibility for the employer than harassment by a co-worker or a customer. Employers are generally held to a stricter standard when a supervisor’s harassment results in a tangible job action, such as a firing, demotion, or loss of pay. When the harasser is a coworker or third party, the key question is often whether the employer knew or should have known and failed to take reasonable corrective action.
Do I have to report the harassment to HR before I can bring a claim?
Not necessarily, but reporting matters in certain types of harassment claims. Employers often argue that an employee failed to use their complaint procedures, and a prompt written complaint creates evidence that the employer was on notice. There are situations where reporting was unsafe, futile, or the employer had no workable process, so speak with an attorney before deciding what to do.
Can my employer retaliate against me for complaining?
No. Federal and Arizona law prohibit retaliation against employees who report harassment, participate in an investigation, or file a Charge of Discrimination relating to harassment. Retaliation, such as a firing, demotion, schedule change, or reduction in hours, can be a separate claim and is often easier to prove than the underlying harassment. A retaliation claim can succeed even if the harassment claim does not.
What evidence should I keep?
Save texts, emails, direct messages, voicemails, photos, performance reviews, and any complaints you made and responses you received. Keep a dated, written timeline of incidents, including what was said or done, where it occurred, and who witnessed it. Do not take confidential company documents you are not authorized to have, and be careful about recording conversations. Talk to an attorney first if you are unsure what is safe.
What if my employment agreement requires arbitration?
Many employment agreements include arbitration clauses. Under a federal law enacted in 2022, employees who have a sexual harassment or sexual assault dispute can generally choose to avoid forced arbitration and bring their case in court, even if they signed an arbitration agreement before the dispute arose. How this applies depends on your agreement and facts, so have an attorney review it.
What if I already quit?
You may still have a claim, but it is prudent to speak with an attorney who can analyze all of the facts. If the harassment and your employer’s response made your working conditions intolerable, you may have a constructive discharge claim in addition to harassment and retaliation claims. The same short deadlines apply, so do not wait.
What can I recover in a sexual harassment case?
Depending on the claim and facts, remedies can include back pay, front pay, compensatory damages, punitive damages in certain cases, reinstatement, and attorney’s fees. Compensatory and punitive damages may be capped based on employer size. Available remedies depend on the law under which you bring the claim, so an attorney can explain what might apply to you.
How can I contact you to discuss my harassment claim?
You can request to speak with Haley Carr about your potential sexual-harassment claim by submitting a Consult Request Form.