Can You Sue for Workplace Harassment in the United States?

Workplace harassment is a serious issue that can affect your mental and physical health, as well as your career prospects. If you are a victim of workplace harassment, you may wonder if you can sue your employer or the harasser for the damages you have suffered. 

The answer depends on the type and severity of the harassment, as well as the laws that apply to your case.

In this article, we will explain what workplace harassment is, what are your legal rights and options, and how to find a qualified Latino lawyer who can help you with your claim.

 

If you suffer from hand pain as a result of repetitive work, don’t miss the opportunity to stand up for your legal rights with a lawyer and receive the benefits you deserve by law. Contact Conexión Legal today at 1800 201 1220, or write to our WhatsApp for completely free legal advice.

 

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What is Workplace Harassment?

Workplace harassment is any unwelcome conduct based on a person’s race, color, religion, sex, national origin, age (40 or older), disability, or genetic information. Harassment can include:

• Offensive jokes, objects, or pictures
• Name calling
• Physical assaults and threats
• Intimidation
• Interference with work performance

Harassment is unlawful when:

• Enduring the conduct is a condition of employment
• The conduct is so severe or pervasive that it creates a hostile or abusive work environment

Sexual harassment is a specific form of workplace harassment that involves unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature. Sexual harassment is unlawful when:

• Submitting to or rejecting the conduct affects employment decisions
• The conduct is so severe or pervasive that it creates a hostile or abusive work environment

 

What Compensation Can I Get for a Workplace Harassment Case?

If you have been a victim of workplace harassment, you may be entitled to receive compensation for the harm you have suffered. The amount and type of compensation you can get depends on several factors, such as:

• The nature and severity of the harassment
• The impact of the harassment on your physical and mental health, work performance, and career opportunities
• The availability of punitive damages (additional money awarded to punish the wrongdoer)

The compensation you can get for a workplace harassment case may include:

• Remuneration for lost wages or benefits: This is the money you lost or will lose as a result of the harassment, such as unpaid leave, reduced hours, demotion, termination, or missed promotions.
• Compensation for mental trauma: This is the money you receive for the emotional distress, pain and suffering, humiliation, anxiety, depression, or other psychological effects caused by the harassment.
• Reimbursement of costs: This is the money you spend or will spend to deal with the consequences of the harassment, such as medical bills, therapy fees, legal expenses, or relocation costs.
• Punitive damages: This is the money you receive to deter the employer or the harasser from engaging in similar conduct in the future. Punitive damages are not available in all cases and are subject to certain limits.

Federal law caps the amount of money that can be awarded for punitive and compensatory damages based on how many employees the company has:

• The limit is $50,000 for employers with 15-100 employees
• The limit is $100,000 for employers with 101-200 employees
• The limit is $200,000 for employers with 201-500 employees
• The limit is $300,000 for employers with more than 500 employees

However, some states do not have these caps and may allow you to recover more money. Therefore, it is important to consult with a lawyer who can advise you on the best course of action for your case and help you estimate the value of your claim.

 

What are Your Legal Rights and Options?

If you have experienced workplace harassment, you have the right to report it to your employer and seek a remedy. Your employer has the duty to investigate your complaint and take appropriate action to stop the harassment and prevent it from happening again. Your employer cannot retaliate against you for reporting harassment or participating in an investigation.

You also have the right to file a charge of discrimination with the Equal Employment Opportunity Commission (EEOC), the federal agency that enforces anti-discrimination laws. 

The EEOC will investigate your charge and try to resolve it through mediation or conciliation. If the EEOC finds that there is reasonable cause to believe that discrimination occurred, it will issue a letter of determination and try to reach a settlement with your employer. 

If the EEOC cannot settle your case, it may file a lawsuit on your behalf or issue you a right-to-sue letter, which allows you to file a lawsuit in court.

You may also have the option to file a charge of discrimination with a state or local agency that enforces similar laws. Depending on the state where you work, you may have more protection or remedies than under federal law. Some states also allow you to file a lawsuit directly in court without going through an administrative process.

How to Find a Qualified Latino Lawyer?

If you decide to pursue a legal action against your employer or the harasser, you will need the help of a qualified lawyer who can represent your interests and fight for your rights. 

A lawyer can advise you on the best course of action for your case, gather evidence and witnesses, negotiate with the other party, and litigate in court if necessary.

Finding a good lawyer can be challenging, especially if you are looking for someone who understands your culture and speaks your language. 

That is why Conexión Legal offers you a free service to connect you with experienced Latino lawyers who specialize in workplace harassment cases. 

 

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Frequently Asked Questions

Here are some common questions and answers about workplace harassment lawsuits in the United States.

How much can I sue for workplace harassment?

The amount of compensation you can sue for workplace harassment depends on several factors, such as:

• The type and severity of the harassment
• The impact of the harassment on your physical and mental health
• The effect of the harassment on your work performance and career opportunities
• The availability of punitive damages (additional money awarded to punish the wrongdoer)

Under federal law, there are limits on how much money you can recover for workplace harassment. These limits vary depending on the size of your employer, ranging from $50,000 to $300,000. However, some states do not have these caps and may allow you to recover more money.

How long do I have to sue for workplace harassment?

The time limit to sue for workplace harassment depends on whether you are filing under federal or state law. Under federal law, you must file a charge of discrimination with the EEOC within 180 days of the last incident of harassment. 

However, this deadline may be extended to 300 days if there is a state or local law that covers the same type of discrimination. After you receive a right-to-sue letter from the EEOC, you have 90 days to file a lawsuit in court.

Under state law, the time limit to sue for workplace harassment may vary depending on the state where you work. Some states may have shorter or longer deadlines than federal law. Therefore, it is important to consult with a lawyer as soon as possible to avoid missing any deadlines.

Can I sue for workplace harassment if I quit my job?

Yes, you can sue for workplace harassment if you quit your job, as long as you can prove that the harassment was so severe or pervasive that it forced you to resign. 

This is known as constructive discharge, which means that your employer made your working conditions so intolerable that you had no choice but to leave. However, proving constructive discharge can be difficult, and you may have to show that you tried to resolve the situation before quitting.

Can I sue for workplace harassment if I am an independent contractor?

Generally, no, you cannot sue for workplace harassment if you are an independent contractor, because anti-discrimination laws only protect employees. However, there may be some exceptions depending on the nature of your relationship with the employer and the degree of control they have over your work. 

For example, if you are misclassified as an independent contractor when you are actually an employee, or if you are part of a joint employment arrangement, you may be able to sue for workplace harassment. To determine your legal status and rights, you should consult with a lawyer who can evaluate your case.

 

If you suffer from hand pain as a result of repetitive work, don’t miss the opportunity to stand up for your legal rights with a lawyer and receive the benefits you deserve by law. Contact Conexión Legal today at 1800 201 1220, or write to our WhatsApp for completely free legal advice.