Nevada Sexual Harassment Law
Sexual harassment is not just one act or something that is specific to one gender. If you are in a workplace environment in Nevada and are being harassed, intimidated, or discriminated against, it is illegal at both the state and federal levels. Although most workers choose to ignore sexual misconduct or turn the other cheek due to fear of retaliation, you don’t have to put up with someone discriminating against you, creating hostile work conditions, or making you feel intimidated or threatened to the extent that it interferes with your work performance.
According to the Nevada Fair Employment Practices Act, employers are prohibited from discriminating against anyone due to their sex or their sexual orientation. The Act covers any company with more than 15 employees. It is also illegal for anyone to discriminate against an individual due to their gender expression or identity, which includes their expression, appearance, or their gender behaviors, whether they are in tune with their sex assigned at birth or not.
What are some behaviors that fall under the definition of discrimination or harassment?
Discrimination is when someone is either not recognized for their efforts or they aren’t hired due to their gender, but there are all sorts of sexual misconduct behaviors that can be both discriminating and harassing. Examples of sexually-harassing behaviors include unwelcome sexual advances, sexual jokes or explicit material and non consensual touching. Sexual misconduct can be any verbal or physical conduct of a sexual nature that makes someone uncomfortable.
To prove that you are a victim of sexual harassment, the misconduct needs to be pervasive and repetitious. It isn’t just based on one comment or remark, but is a systematic pattern of behavior that makes someone feel uncomfortable and threatened in the workplace. It also has to be shown that the actions would make any reasonable person uncomfortable. The theory of “reasonability” in legal terms means that any “reasonable” person under the same conditions would also feel threatened, intimidated, or offended. If someone is repeatedly making you feel intimidated, then they are creating a hostile work environment, which is also considered sexual harassment.
There are other times when sexual harassment can be based on one incident. For instance, if your employer makes a sexual advance while also making it either implicitly or explicitly clear that your work advancement is contingent upon you acquiescing, then that is a form of “quid pro quo” sexual harassment. In a different example, if your employer or boss offers you advancement within the company based on performing a sexual favor for them, that would also be grounds to file for sexual harassment.
Following the proper procedures
If you are being sexually harassed, either through repetitious behaviors or quid pro quo, then you have an obligation to make the harasser as well as your supervisor, boss, or HR department aware of the misconduct. Your company should have guidelines in place to file a claim against the person who is harassing you. It might also be a good idea to consult a Nevada sexual harassment lawyer to ensure that you are protected and your position within the company will not be compromised for making a claim.
You will also want to file a claim through the Equal Employment Opportunity Commission at the federal level. If your employer is made aware of the sexual harassment and does nothing to stop the situation or to make it better, then you might be able to take them to court and initiate a lawsuit in either federal or state court.
What are you entitled to for a sexual harassment lawsuit?
If your Nevada sexual harassment attorney can prove that your employer both knew of the harassment and did nothing to improve the situation and that you suffered either emotionally or economically due to their failure to act, then you might be able to hold your employer liable. Things that you are entitled to if you can prove that you suffered damages are compensatory damages, and in extreme cases, punitive damages. But you will need the proper documentation to prove your case in court, which is why contacting USAttorneys.com is imperative. Let them find you an experienced Nevada sexual harassment attorney today, to make sure that the harassment stops and that you can return to a non-threatening work environment.