Our experienced trial attorneys can help victims of sexual harassment, sexual molestation, or any kind of inappropriate sexual behavior. In the workplace, church, or in schools, sexual harassment can be a terrible experience for an individual, and one that just should not happen. Sexual molestation, when the victim is an adult or a child, can be nothing short of devastating. Particularly the victim, but also friends and family members of the victim, can suffer greatly.
Our attorneys have significant experience in interpreting and construing state and federal statutes and case law governing sexual harassment and sexual molestation in Louisiana. We are aware of the sensitive and emotional nature of claims involving inappropriate and violent sexual behavior, and we strive to provide the best possible representation in a dignified and professional manner.
Claims for sexual harassment, abuse, and molestation stem from unlawful sexual conduct. If you or a loved one has been subjected to unlawful sexual conduct, you do not have to suffer in silence. You can pursue a claim under Louisiana civil law for harassment, abuse, and/or molestation. Our firm has the expertise to help you confront those responsible for abusing, molesting, or harassing you and the resources to help you through the difficult healing process.
Sexual harassment is illegal. It is a form of discrimination that has been specifically prohibited. This law covers a range of impermissible conduct including rape, nonconsensual physical touching, and/or sexual activity with a minor by an adult or individual significantly older than the child.
Sexual harassment in the workplace occurs when unwelcome verbal or physical sexual advances affect an employee’s employment. If the conduct interferes with the employee’s work performance or creates an intimidating, hostile, or offensive work environment it is considered a form of illegal discrimination.
Harassment in the workplace generally falls into two broad categories: Quid pro quo and hostile work environment. Both are illegal under state and federal laws. Quid pro quo harassment occurs when an employer demands sexual favors in exchange for job benefits. Hostile work environment harassment includes abusive or offensive conduct that substantially interferes with an individual’s work performance or creates an intimidating, hostile, or offensive working environment. You do not have to accept sexual advances or a hostile environment in order to keep your job. If you have been the victim of sexual harassment, you can and should do something about it.
In Louisiana, a claim for harassment can be pursued in one of two ways: you may file a claim with an administrative agency, or you can file a civil tort lawsuit through the courts. If you file with an administrative agency, that agency will investigate the claim, and resolve it through a hearing with an administrative law judge. A civil lawsuit is handled in the court system by way of trial with a judge or jury. Both administrative and civil tort suits require that the victim file a claim with either the Department of Fair Employment and Housing (DFEH) or the Equal Employment Opportunity Commission (EEOC). The DFEH and EEOC have strict timelines for reporting and investigating claims of harassment. The statute of limitations in Louisiana harassment cases can be complicated. If you feel you have been harassed, you should contact an experienced attorney immediately for assistance in filing your charge. In order to file a common law tort claim, you must have a “right to sue” letter issued by either the EEOC or DFEH. Our attorneys can assist you in filing your claim and obtaining your right to sue letter.
Your potential damages are different in a civil case and administrative case. If you pursue your claim through an administrative agency your remedies (potential damages) may include back pay, hiring, promotion, reinstatement, reimbursement of out of pocket expenses, front pay, policy changes, training, reasonable accommodation, affirmative relief, and actual damages including damages for emotional distress. The agency may also order fines against private employers, although those fines will be paid to the state, not you personally. In addition, there are caps on the number of monetary damages the agency can award per victim per employer.
In a civil tort claim, the damages are similar, but there are two important differences: the court is not limited in the amount it can award and the court can award punitive damages, which will be awarded to the plaintiff bringing the claim. The ability to obtain punitive damages is perhaps the most significant difference as there is no cap on punitive damages, and they may result in large verdict awards.
It is important to note that recent Louisiana case law requires the plaintiff to report the harassment to his/her employer before suing for damages. The failure to report does not make the harassment legal but will impact your ability to recover damages.
Sexual abuse is sexual contact that is unwanted and unwelcome. Children under the age of 18 are presumed to be incapable of welcoming or wanting sexual contact with adults. Similarly, persons who are so mentally incompetent that they are unable to consent to sexual contact are presumed not to have consented as long as the perpetrator knew of the person’s incompetency. Sexual abuse can occur at the hands of respected and trusted professionals. If a professional is a licensed healthcare provider, sexual contact is forbidden during treatment, even if the contact is consensual. Psychotherapists are prohibited from engaging in sexual contact with patients during treatment and for two years afterward. Other professionals, such as clergy, are also restricted by their profession’s code of ethics from engaging in such conduct. Sexual harassment in the workplace may also constitute sexual abuse.
Sexual Molestation of Children
Sexual molestation of children is a form of sexual abuse. It includes all types of sexual activity between a minor and a person who is significantly older than the minor. Such activity may include touching, fondling, kissing in a sexual manner, oral sex, masturbation, digital or penile penetration of the rectum or vagina, and/or exposure to sexually explicit materials. Whether it is a one-time incident or long-term conduct by the perpetrator, it is a crime. If you or your child is a victim of sexual abuse, you may pursue both civil and criminal charges against the perpetrator.
Certain time frames apply to claims for sexual abuse and molestation in Louisiana. They are very complicated, so it is important that you discuss your claim immediately with an experienced attorney. However, as a general rule, if the abuse/molestation occurred while you were a minor (under the age of 18) you have (at least) until your 26th birthday to bring a civil claim unless the abuse/molestation claim is against a governmental agency such as a school. Claims against governmental agencies must generally be brought within six months to one year of the act of sexual abuse/molestation. An adult who has been sexually abused usually has one year from the date of the abuse to file his/her claim. There are many exceptions to these time limitations, and the circumstances may be different depending on the perpetrator, the employer, or you. Therefore, you should contact an attorney experienced in handling claims for sexual abuse and molestation before deciding whether to pursue your claim.
Sexual harassment, abuse, and molestation are illegal in Louisiana. If you or a loved one are or have been the victim of sexual harassment, abuse, or molestation, you may be able to recover damages. The attorneys in our firm are experienced in handling harassment, abuse, and molestation claims. Our attorneys have the resources to enable you to recover physically, emotionally, and financially. Call us today at (877) 927-5540 or complete the free case evaluation form on this website.
During a one-year period in the U.S., 16% of youth ages 14 to 17 had been sexually victimized; Over the course of their lifetime, 28% of U.S. youth ages 14 to 17 had been sexually victimized; Children are most vulnerable to CSA between the ages of 7 and 13.
Protect your legal rights. Contact our law firm for a free case evaluation.
Our firm has recovered over two-hundred and fifty million dollars for our clients.
Get the money you deserve! Call our firm for an immediate free case evaluation.
Our sexual abuse attorneys are available 24 hours a day, 7 days a week to discuss your case. Call our toll-free number at (877) 927-5540 or complete the free case evaluation on this page. We look forward to fighting for you.
Blake David was the contributing attorney to this content. Use of this website constitutes acceptance of the terms and conditions of this website.
You may be entitled to compensation if you or a loved one have been injured as the result of another person or companies negligence. The choice of a lawyer is an important decision that should not be based solely upon advertisements. No representation is made that the quality of the legal services to be performed is greater than the quality of the legal services performed by other lawyers. Results are not guaranteed.
By visiting this site and/or replying to our Advertisements, you agree that Personal Injury Legal Help is not responsible or liable for any claim, loss or damage or any kind, directly or indirectly resulting from your use of any law firm, legal advice or any information obtained from Personal Injury Legal Help. By placing a call or entering Personal Injury Legal Help (and the links accessible through this site) you expressly acknowledge your understanding and agreement to all of the disclaimers and agreements contained herein.