Sexual harassment is a serious issue—in the workplace, in public, in the home, and wherever it is experienced. In the context of the workplace, it’s an extra layer of violation when someone is violating your own body and peace of mind when you’re working to make a living and advance in your career. That determination is something we should all strive to achieve, and those who get in the way deserve to be held responsible.
If you’ve been affected by unwanted sexual behavior at work, you deserve to have your story heard. Whether or not your situation meets the legal standard in Tennessee for a sexual harassment case, we can help you explore your options and find a path forward. Your integrity means something to us, and we’re here to stand by your side through this challenge.
How is Sexual Harassment Defined Under the Law?
The legal definition of sexual harassment can feel elusive, but if we look at the Tennessee Department of Human Resources, their definition includes “any unwelcome verbal, written, physical conduct, or electronic communication that either degrades or shows hostility or aversion towards a person because of that person’s race, color, national origin, age (40 and over), sex, pregnancy, religion, creed, disability, or veteran’s status or any other category protected by state and/or federal civil rights laws.”
While this seems strict, it leaves a lot to be desired in clarifying where the thin line between harassment and annoyance truly is. Typically, though, the actions need to be severe or pervasive. This means that to be considered harassment, the behavior either needs to be so frequent that it permeates your work environment or so egregious that a single instance crosses the line to disrupt your work and personal integrity. Comments or actions that occur “all day, every day” are generally easier to recognize as harassment, while a single, isolated comment might not meet the standard.
Generational Differences Draw New Lines
What one person considers offensive can be very different from what another person does. Younger generations might be more attuned to certain kinds of comments or jokes that are tolerated less in today’s culture, while older generations may not find the same remarks as concerning or offensive. People who have previously experienced trauma or harassment also may be more sensitive to certain actions.
This heightened sensitivity can be a factor in the legal space. If an employer is aware of an employee’s prior circumstances, the company could face more serious repercussions if harassment occurs again, even if it wouldn’t be seen as severe by someone without that past experience. Ajury might be more inclined to award higher damages if they believe the harassment caused deeper harm due to the victim’s prior experiences.
The “Eggshell Plaintiff” theory, which exists in tort law in general, can offer some insight here. Essentially, if someone has a unique vulnerability, like an “eggshell skull,” and they suffer more harm than a typical person would, the defendant is still liable for the extent of the injury. The same reasoning may apply in harassment cases when a person with a history of victimhood is impacted more profoundly than someone else might have been.
An Advocate to Help You Move Forward With Integrity
At Hunter Law Firm, we are committed to advocating for you with compassion, integrity, and determination. If you’ve been affected by sexual harassment or even if you’re unsure whether your experience qualifies under the law, we will listen to your story. We will help you understand your rights and explore your options for moving forward, whether that means pursuing legal action with us or finding another path to resolution. Contact us today to discuss your situation and take the first step toward protecting yourself and your future.
