Apis Law | Sexual Harassment Lawyer in New Hampshire
Regrettably, sexual harassment in the workplace occurs. It renders the workplace uncomfortable and makes a professional workplace fearful and isolative.
For some people, particularly women, it seems too much to speak out, as the possibility of being retaliated against, fired, or dismissed can be overwhelming. Beyond the emotional cost, the cost at work is real: foregone opportunities, unjust terminations, and the fear of staying quiet to earn a paycheck.
If you feel unsafe, unheard, or plain annoyed by harassment, Apis law will walk you through the essential steps to stand up, assert your rights, and take back your space at work.
Don’t go through it alone—contact Apis Law today and get the legal support you deserve. Your voice matters, and your safety comes first. 603-785-1013
Legal Framework for Sexual Harassment Protection
Federal Law
One of the strongest legal protections against sexual harassment in the workplace comes from Title VII of the Civil Rights Act of 1964. This federal law makes it illegal for employers to discriminate based on sex, which includes all forms of sexual harassment. It applies to any employer with 15 or more employees.
State of New Hampshire
While federal law offers essential protections, states have rules to strengthen those rights. In New Hampshire, RSA 354-A—the state’s Law Against Employment Discrimination—helps protect workers from sexual harassment. It makes workplace harassment illegal and gives employees a clear path to take action. If you need to file a complaint, the New Hampshire Commission for Human Rights (NHCHR) is the agency that handles those cases.
Generally, What is Sexual Harassment?
Sexual harassment doesn’t always look the same. It can be unwanted flirting, offhand comments that cross a line, or physical contact that makes someone feel unsafe. And when it affects your job, your schooling, or even where you live, it’s more than inappropriate. It’s against the law. Title VII of the Civil Rights Act of 1964 classifies this behavior as sex discrimination. There are legal protections in place for those affected.
Harassment isn’t just physical. It might be words—crude jokes, demeaning remarks—or actions that create a hostile or uncomfortable environment. No one should endure it to get through the day at work or school. Recognizing the signs is the first step in standing up and taking control.
Common Forms of Sexual Harassment
Sexual harassment is more than just physical actions; it can also be verbal, visual, or even subtle. Here are the main types of sexual harassment that individuals may encounter:
Quid Pro Quo Harassment
Quid pro quo harassment happens when a person in authority—like a boss or supervisor—pressures someone for sexual favors in return for job perks. That might mean a promotion, a raise, or protection from being fired. Because of the built-in power imbalance, it’s often hard for victims to come forward.
Hostile Work Environment
A hostile work environment occurs if the harassment is so severe that it’s enough to make the workplace unbearable. This can involve a broad array of behaviors such as off-color jokes, remarks, unwanted touching, or the showing of sexually explicit materials.
Sexual harassment intimidates or discomforts the victim in their workplace. It should be noted that harassment in the nature of a hostile environment doesn’t demand termination or demotion of the victim. It merely needs to produce a disrupting, hostile environment.
Verbal, Physical, and Visual Harassment
Sexual harassment can be verbal, physical, or visual:
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Verbal: Inappropriate comments, sexual jokes, or unwelcome invitations.
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Physical: Unwanted touching or physical gestures that make the victim uncomfortable.
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Visual: Displaying explicit images, inappropriate materials, or even sexual gestures that create an uncomfortable environment.
What Are Some Examples of Sexual Harassment?
Sexual harassment can take many forms, ranging from subtle comments to blatant physical conduct. Here are some examples of sexual harassment:
Sexual Innuendos: Comments or jokes with sexual implications.
Comments About Someone's Body: Criticizing or complimenting someone's physical appearance in a sexual way.
Stories of Sexual Exploitation: Sharing inappropriate personal stories with sexual content.
Unwelcome Touching or Hugging: Physical contact that makes you uncomfortable.
Pressure for Dates: Repeated requests for dates or sexual favors.
Sexist Jokes and Cartoons: Jokes, images, or videos that degrade or objectify people based on gender.
Displaying Pornography in the Workplace: Using or displaying explicit material at work.
Inappropriate Gifts: Gifts of a sexual nature that are unwelcome or inappropriate.
Cat Calls or Wolf Whistles: Comments or sounds made in an objectifying manner toward someone.
These are just a few examples. If you're unsure whether your situation constitutes sexual harassment, it's important to talk to an attorney for guidance. Apis Law offers a free consultation to discuss your case and provide legal advice.
How Harassment Affects Women in the Workplace
Sexual harassment in the workplace continues to impact women more than men, with many facing everything from unwanted advances and inappropriate remarks to, in some cases, sexual assault. Over time, this can leave women feeling exhausted, frustrated, and powerless to make it stop. If you’re a woman experiencing this, you don’t have to go through it alone.
Employers have a legal obligation to take complaints seriously and act on them. That’s why organizations need to put clear policies in place and enforce them consistently—not only to prevent harassment but to create a safer, more respectful environment for women and all employees.
Creating this kind of culture starts from the top. Leadership must set the tone through accountability, transparency, and a zero-tolerance approach to misconduct. Training, regular reviews, and accessible reporting channels are just a few ways companies can show they’re serious about protecting their teams. When women feel seen, heard, and supported, everyone benefits from a workplace where dignity and respect are the norm—not the exception.
How Do I Prove Sexual Harassment if It Was All Verbal?
Most sexual harassment is verbal in nature, but that doesn’t mean it can’t be proven. To prove verbal harassment, you need detailed documentation. Keep a record of each incident, including:
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The language used by the harasser
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Date, time, and location of the incident
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Witnesses who may have seen or heard the harassment
Additionally, obtaining your employment records (such as performance reviews) can help strengthen your case. It’s crucial to report the harassment to your employer or university, as formal complaints can further support your claim.
Is It Unlawful for a Supervisor or Professor to Date One of Their Subordinates or Students?
Although it’s not necessarily illegal for a supervisor or professor to engage in a romantic relationship with a subordinate or student, it often raises serious ethical concerns. Most companies and academic institutions enforce strict policies against such relationships—particularly when a direct power imbalance exists. These rules are designed to prevent situations involving bias, undue influence, or conflicts of interest.
If there are concerns about the appropriateness of a relationship, it’s wise to consult your organization’s guidelines or consider seeking professional legal counsel.
Can My Employer, Co-Worker, Professor, or Peer Retaliate Against Me for Filing a Sexual Harassment Claim?
No, retaliation is illegal. It is unlawful for an employer, supervisor, co-worker, or anyone else to retaliate against you for filing a sexual harassment claim. This includes:
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Firing or demoting you
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Cutting your hours or responsibilities
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Creating a hostile work environment after the claim
It is also illegal to retaliate against witnesses who participate in the sexual harassment case. If you face retaliation, it’s critical to report it immediately to the EEOC or an attorney.
Can Sexual Harassment Occur in Remote or Virtual Work Environments?
Yes, sexual harassment can occur in virtual or remote workplaces. Harassment can happen over email, video calls, social media, or other online platforms. The same legal protections apply to remote harassment as they do to in-person harassment.
How Can Employers Prevent Sexual Harassment in the Workplace?
Employers can take several steps to prevent sexual harassment, including:
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Implementing a clear sexual harassment policy.
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Training all employees on what constitutes harassment and how to report it.
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Creating a reporting system that allows victims to confidentially report harassment.
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Taking prompt action when harassment is reported to show that harassment will not be tolerated.
By being proactive and addressing harassment early, employers can create a respectful, safe, and productive environment for all employees.
A Sexual Harassment Claim in New Hampshire
When you experience sexual harassment, it's crucial to act quickly and file a claim within the appropriate time limits. If you're wondering how long you have to file a sexual harassment claim in New Hampshire, the process and deadlines are clear.
Federal Law v. State Deadlines
Under federal law, specifically Title VII, you have 300 days to file a complaint with the Equal Employment Opportunity Commission (EEOC). However, if New Hampshire state law is also involved, you have 180 days to file with the NHCHR, thanks to the extended filing period.
Why Timing Matters
If you’re afraid to complain or fear losing your job, it’s understandable to hesitate. However, failing to file your claim within the designated time frame can result in the dismissal of your claim. Make sure to report the harassment as soon as possible and document everything!
Here’s what you can do:
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Gather Evidence: Start collecting detailed records of every instance of harassment. Include dates, times, locations, witnesses, and any messages or emails.
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Report the Incident: If possible, report the harassment to human resources or a supervisor. Your company may have a procedure for dealing with sexual harassment, and reporting helps build your case.
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Most organizations, including universities, should have clear policies on sexual harassment. Review your company’s or school’s handbook to understand the proper channels for reporting harassment. If no policy exists, escalate the matter to your supervisor or the next person in the chain of command if the harasser is your supervisor.
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Consult with an Attorney: Sexual harassment cases can be complex. An experienced employment lawyer can help you navigate both federal and state laws, ensuring that you meet deadlines and maximize your chances of success.
Filing a Charge of Discrimination with NCHR
A complaint is an informal report of discrimination an individual makes to the Commission. A Charge of Discrimination is a formalized complaint, which is notarized and docketed by the Commission. Visit the Commission's website for more information.
Can You File a Charge of Sexual Harassment Anonymously?
No, you cannot file a Charge of Discrimination anonymously. The Commission requires your identity to proceed with the charge, as they need to investigate and communicate with you throughout the process. The law provides protections from retaliation.
How Long Do I Have to File a Charge of Sexual Harassment?
The filing deadline for discrimination charges depends on where the discrimination took place and what type of discrimination it is:
• Under New Hampshire State Law (NH RSA 354-A): A charge must be filed within 180 days from the last date of discrimination.
• Under Federal Law: If your employer is subject to federal law, you have 300 days from the last date of discrimination to file your charge with the Equal Employment Opportunity Commission (EEOC).
It’s important
If You Have an Employment Complaint, Should You Contact the EEOC as Well?
If you are filing a Charge of Discrimination related to employment, and your employer has 15 or more employees, the EEOC will automatically receive your charge. This process is known as dual filing, and it means your complaint will be filed with both the New Hampshire Commission for Human Rights (NHCHR) and the EEOC.
For smaller employers, the charge may only be filed with the NHCHR.
How Much Does It Cost to File a Charge of Sexual Harassment?
There is no cost to file a Charge of Sexual Harassment Discrimination with the NHCHR. The Commission provides its services free of charge, including the process of drafting and docketing your charge.
This ensures that everyone has access to the legal process, regardless of their financial situation.
Do You Need an Attorney?
You do not need an attorney to file a Charge of Sexual Harassment Discrimination or to participate in the Commission’s process. However, you may choose to hire an attorney to help you navigate the legal system, especially if your case is complex. An attorney can offer advice, represent you in hearings, and help with settlement negotiations.
What if You are Retaliated Against for Filing a Charge of Sexual Harassment Discrimination?
It is illegal for an employer, housing provider, or any other entity to retaliate against you for filing a Charge of Discrimination. Retaliation may include actions like:
• Firing or demoting you
• Denying you promotions or raises
• Changing your job responsibilities or hours in an unfavorable way
If you experience retaliation after filing a charge, you can amend your charge to include the retaliation. The Commission will take appropriate steps to investigate and address retaliation.
What Happens After You File a Charge of Sexual Harassment Discrimination?
After you file a Charge of Discrimination, the Commission will begin its investigation. The process typically involves:
• Initial Review: The Commission will determine if the charge is within its jurisdiction and if there is enough evidence to proceed.
• Once the Commission has docketed your Charge of Discrimination, it will serve notice to the entity charged and your case is assigned to an Investigator in the order it was received. Assignment is not immediate. The wait time for an Investigator to be assigned varies. Once an Investigator is assigned, both parties will be notified and the investigation will proceed.
• Investigation: The Commission will gather evidence, interview witnesses, and assess the facts.
• Resolution: If there is sufficient evidence of discrimination, the Commission may attempt to resolve the issue through mediation or other alternative dispute resolution methods. If a resolution isn’t reached, the Commission may move forward with a formal hearing or investigation. You may be entitled to and awarded damages which include non-monetary and monetary compensation.
Potential Outcomes of a Sexual Harassment Lawsuit
Once a sexual harassment complaint has been made, the victim can become eligible for a variety of outcomes based upon the situation:
• Back wages in compensation for lost wages and benefit if demoted, fired, or compelled to resign from employment.
• Reinstatement or front pay if a return to employment is not possible.
• The attorney’s fee as well as costs can be paid by the defendant.
• Compensatory damages for pain, suffering, or humiliation, or for emotional distress.
• Restoration of your original position if you were illegally fired.
• Front pay.
These remedies aim to remunerate the victims for the injury they’ve suffered and discourage future workplace harassment.
Take the First Step Toward Justice
If you’ve experienced sexual harassment in the workplace, you don’t have to face it alone. At Apis Law, we’re committed to standing up for your rights with compassion, discretion, and strength. Whether you’re seeking compensation, reinstatement, or simply a sense of justice, we’re here to help you navigate the legal process and pursue the outcome you deserve.
Your voice matters—and we’re ready to help you be heard. Schedule A Free Consultation Now
Call us today at 603-785-1013 for a confidential and free consultation. Let’s take the first step together.