Is it possible to have a claim for sexual harassment even though I haven’t been fired and haven’t suffered any other financial injury?

Yes. Unlawful sexual harassment may occur without any economic injury to or discharge of the victim of the workplace harassment. In addition to recovery of lost wages, if any, victims of sexual harassment may be entitled to damages for the emotional distress and pain and suffering caused by sexual harassment. In particularly egregious cases, employers can be required to pay punitive (penalty) damages to employees subjected to sexual harassment.

I feel very uncomfortable working at my company because of sexual harassment; should I quit my job?

Perhaps; but generally, no. In general, an employee who voluntarily resigns from his or her job may not be entitled to recover lost wages as a result of the end of the employment. Resigning could, in some cases, adversely effect an employee’s other legal rights as well.

There are limited exceptions to this general rule. An employee could become entitled to all of the same rights and remedies under the sexual harassment law as an employee who is fired from their job by the employer if the employer makes the employee’s work conditions so intolerable that any reasonable person in his or her situation would feel they had no choice but to resign. This is often referred to as a “constructive discharge.” In a constructive discharge situation the employer does not actually fire the employee, but, essentially, makes continued employment so unpleasant that the employee is forced to quit.

Before this threshold can be met, however, the employee usually would need to have given the employer notice of the workplace harassment, and an opportunity to remedy the sexually harassing situation. Even then, the sexual harassment law is very complicated in relation to this issue. Therefore, before you quit your job, it is very important to speak with an attorney experienced in handling workplace harassment matters.

Frequently Asked Questions

• What is Sexual Harassment?



• Is it possible to have a claim for sexual harassment even though I haven?t been fired and haven?t suffered any other financial injury?



• I feel very uncomfortable working at my company because of sexual harassment; should I quit my job?



• I think I have been sexually harassed; what should I do next?



• What laws protect me in cases of sexual harassment?

If you feel you have been the victim of Sexual Harassment, consult an experienced and knowledgeable attorney immediately.

Contact the firm for more information about Sexual Harassment Law practice.

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