If you are a South Carolina employee who is dealing with uncomfortable or inappropriate behavior at work, whether from a co-worker or a manager, then you may wondering: what is sexual harassment in South Carolina? Is this actually sexual harassment? Or am I overreacting? As a South Carolina sexual harassment lawyer, I hear these types of questions a lot from employees across South Carolina.
The answer depends mostly on federal law requirements, as well as the specific facts of the case. Not all harassment necessarily qualifies as unlawful sexual harassment, so it’s important to understand what the requirement elements of a sexual harassment claim actually are. In other words, what must a South Carolina employee prove in order to have a successful sexual harassment claim? I’m going to break it down here so you can better understand whether you may have a case.
What is Sexual Harassment Under the Law?
Sexual harassment is a form of illegal sex discrimination under Title VII of the Civil Rights Act of 1964, which applies to more employers in South Carolina. A company must have at least 15 employees for Title VII to apply.
Look for the two main types of sexual harassment: Quid Pro Quo Harassment and Hostile Work Environment.
1. Quid Pro Quo Harassment
Quid pro quo harassment occurs when job benefits are tied to consenting to otherwise unwanted sexual conduct. The law refers to job benefits as “compensation, terms, conditions, or privileges of employment.” So for example: (1) a manager asks for sexual favors in exchange for a promotion or a better schedule or a raise; (2) a supervisor threatens to fire you if you reject sexual advances; (3) raises or other job opportunities are conditioned on going along with inappropriate behavior.
Even a single incident can qualify, especially if it involves a tangible job decision. An employee often feels trapped or pressured by the harasser, as the loss of a job could have devastating financial impacts, which harassers and abusers know and take advantage of. [Read More: Quid Pro Quo Sexual Harassment for South Carolina Employees]
2. Hostile Work Environment
A hostile work environment is created when the harassment is severe or pervasive enough to create an abusive environment. Examples include:
- Repeated sexual comments, jokes, or innuendos
- Unwanted touching or physical contact
- Displaying explicit images at work
- Sexual texts, emails, or messages
- Persistent unwanted flirting or advances
When you’re facing any of these scenarios at work, the key question becomes: Would a reasonable person find the work environment intimidating, hostile, or abusive? [Read more: What is a Sexually Hostile Work Environment in South Carolina?]Based on my experience as a South Carolina sexual harassment lawyer, I would say, trust your instinct on this one and take steps to report the harassment if you are experiencing these types of harassment. Read more: Making Sexual Harassment Complaints in South Carolina] Or if you are unsure, contact a South Carolina sexual harassment lawyer first.
What an Employee Must Prove for a Sexual Harassment Claim in South Carolina
To make a successful legal claim, the conduct directed towards you generally must be unwelcome (you didn’t ask for it or invite it), based on sex, severe or pervasive (for hostile work environment claims), and impacting your work conditions.
While South Carolina has certain state laws for sexual harassment, in reality the remedies for sexual harassment are generally better under Title VII (a federal law), so nearly all of my cases are filed in federal court pursuant to federal law.
You have only 300 days to file a charge of discrimination with the Equal Employment Opportunity Commission (EEOC), so don’t sit on your rights if you suspect the sexual harassment laws have been violated.
Contact a South Carolina Sexual Harassment Lawyer
If you’re dealing with this situation, the best next step is to get clarity. Contact a South Carolina sexual harassment lawyer to talk through what happened and what your options are. Even a short conversation can help you understand whether the law applies to your situation, what deadlines you’re facing, and what to do next
I represent employees—not employers—so if you’re trying to figure out where you stand, I’m happy to talk through it with you. I’m based in Greenville and the Upstate of South Carolina, but I handle cases throughout the entire state. You can call us at (864) 278-5389 or via our Contact Us page.
