This form of harassment occurs when unwanted sexual conduct or communication creates an intimidating, hostile, or offensive work environment. It includes behaviors that are so severe or pervasive that they affect a person’s job performance or create an intimidating or offensive work environment. Characteristics include:

• Frequency and Severity: The conduct is frequent, severe, or both, enough to create a hostile or offensive work environment.

• Types of Behavior: Can include unwelcome sexual advances, requests for sexual favors, inappropriate touching, lewd comments, displaying sexually explicit material, and other verbal or physical conduct of a sexual nature.

• Impact on Work Environment: The behavior interferes with the victim’s work performance or creates an intimidating, hostile, or offensive work environment.

• Anyone Can Be the Harasser: The harasser can be a supervisor, co-worker, or even a non-employee like a client or customer.

Georgia State Laws 

While Georgia does not have a standalone state law that directly addresses sexual harassment outside of federal protections, it upholds the principles and protections against workplace discrimination, including sexual harassment, under federal statutes like Title VII of the Civil Rights Act of 1964. For employees in the private sector, this means that the recourse for complaints and litigation primarily falls under federal guidelines, which dictate that sexual harassment is a form of sex discrimination. Georgia employers are thus required to comply with federal standards, ensuring workplaces are free from sexual harassment and that there are mechanisms in place for victims to report harassment and seek justice.

For public sector employees, Georgia’s Fair Employment Practices Act (FEPA) offers specific recourse. This act protects state employees from discrimination based on sex, among other protected characteristics. The FEPA mandates that state agencies must adopt and implement policies to prevent discrimination and harassment in the workplace, including sexual harassment. Employees affected by sexual harassment can file complaints with the Georgia Commission on Equal Opportunity, specifically the Equal Employment Division which is responsible for enforcing the FEPA. The Equal Employment Division examines allegations of illegal discrimination from individuals either applying for jobs or currently employed within the State of Georgia government and offers training programs aimed at encouraging adherence to laws concerning equal employment through voluntary cooperation.

Atlanta’s Local Ordinances 

Atlanta has enhanced the protective measures against workplace sexual harassment, surpassing the requirements set by federal and state legislation. This dedication to fostering a secure and respectful work environment is reflected in the city’s Human Relations Code, which includes the Fair Private Employment ordinance. The ordinance applies to employers in Atlanta city limits with 10 or more employees. Aimed not only at preventing sexual harassment, the Human Relation Code also establish transparent and effective procedures for the reporting and resolution of code violations, ensuring accountability and support for affected individuals.

To enforce its Human Relations Code, the City of Atlanta created the Human Relations Commission (HRC).  The HRC is tasked with investigating complaints of discrimination in areas such as public accommodations, private employment, and housing based on factors like race, sexual orientation, gender identity, age, and more. It aims to eliminate discrimination by making recommendations, initiating educational programs for voluntary compliance, and developing policies. Individuals or organizations who are victims of sexual harassment can file complaints with the HRC, which then investigates and seeks to resolve these issues through various means, including conciliation or hearings. The HRC’s work underscores Atlanta’s commitment to maintaining public welfare, health, peace, and safety by ensuring all citizens are protected from discrimination and can live in harmony.

Cantrell Schuette, P.A. stands ready to empower victims of sexual harassment with expert legal representation, navigating the intricacies of federal, state, and local laws to protect and assert your rights. Our team can guide you through each stage of the legal process, aiming to secure justice and compensation on your behalf. We offer not just legal expertise but also unwavering support, helping you reclaim your dignity and foster positive change in the workplace. For a free, confidential consultation, call us at (404) 474-7924 or email us at coordinator@caklegal.com.  

What Damages Can Sexual Harassment Victims Claim in Atlanta? 

For victims of workplace sexual harassment, understanding the types of damages that may be available is crucial. The specific damages you can recover will depend on the unique circumstances of your case, but under federal law, there are several categories of compensation that may be pursued. These include:

• Back Pay: Compensation for any wages lost as a result of the harassment, including any raises or bonuses that would have been earned during the period of unemployment.

• Out of Pocket Costs: Expenses incurred while seeking new employment, such as travel expenses, costs of job applications, and other related expenses.

• Mental Anguish: Compensation for the psychological impact of harassment, including stress, depression, anxiety, and other forms of emotional distress.

• Fringe Benefits: Compensation for any benefits (such as health insurance, retirement benefits, stock options, etc.) lost due to the harassment.

• Punitive Damages: In cases where the harasser’s conduct was particularly egregious, punitive damages may be awarded to punish the wrongdoer and deter future misconduct.

• Attorneys’ Fees: In many cases, victims can recover the costs of legal representation if successful in their claim.

• Costs Incurred Related to the Lawsuit: This can cover various legal expenses directly associated with pursuing the harassment claim.

It’s important to note that the availability and extent of these damages can vary, and assessing the potential recovery requires a detailed examination of the facts of each case. Legal advice from experienced professionals, like those at Cantrell Schuette, P.A., can provide invaluable guidance in navigating these complex issues and pursuing the full range of damages victims are entitled to. Contact us today for a free initial consultation by calling (404) 474-7924 or emailing coordinator@caklegal.com.

I already quit my job, can I still file a claim for sexual harassment against my past employer? 

Yes. A person may initiate a lawsuit against their former employer for sexual harassment by claiming constructive discharge, even after resigning from their position. Constructive discharge occurs when an employee resigns from their job due to working conditions that have become intolerable due to illegal discrimination or harassment, including sexual harassment. This legal concept recognizes that, in some situations, an employee’s resignation is not truly voluntary but rather is forced upon them by the employer’s unlawful conduct.

For a resignation to qualify as constructive discharge under Title VII, the working conditions must be so adverse that a reasonable person in the employee’s position would feel compelled to resign. This standard is designed to ensure that claims of constructive discharge are based on significant and severe conditions, not minor inconveniences or normal workplace challenges. Factors considered may include a pattern of discriminatory harassment, a significant demotion or reduction in salary for discriminatory reasons, or other actions that materially change the terms and conditions of employment in a negative way.

Proving constructive discharge requires showing that the employer intentionally created or allowed the intolerable working conditions with the aim of forcing the employee to resign. Once established, a constructive discharge is treated as a termination by the employer for the purposes of a discrimination or harassment claim under Title VII. Victims of constructive discharge may be entitled to the same remedies as if they had been outright fired, including back pay, reinstatement, damages for emotional distress, and possibly punitive damages, depending on the specifics of the case. 

Legal guidance from experienced attorneys is crucial in navigating the complexities of constructive discharge claims and securing the justice and compensation victims deserve. The attorneys at Cantrell Schuette, P.A. are equipped to evaluate your unique situation and assist you in navigating the complexities of constructive discharge claims. Reach out to us today for a free initial consultation by calling (404) 474-7924 or emailing coordinator@caklegal.com.