My Uniform Led To Sexual Harassment. Is My Employer Liable?

Sometimes employees are required to wear a uniform for their job. Some jobs require employees to wear revealing uniform, such as working in a restaurant, bar, or a casino.

Revealing uniforms are legal if they are part of the business and it applies to everyone that fills that same role.

However, it is possible that a revealing uniform could make you subjected to sexual harassment from those that you interact with, such as customers or coworkers.

Sexual harassment is never acceptable, and your employer must act promptly to ensure the matter is resolved and that you are not subjected to the inappropriate actions and mistreatment of others while in the workplace.

What Is Required Of An Employer

If you are an employee who is subjected to sexual harassment because of your uniform. Your employer has the responsibility to ensure that you have a safe and comfortable work environment.

If that expectation is not met, then your employer could be held liable for sexual harassment if they do not properly address any complaints and handle any issues that you may experience because of the sexual harassment because of your uniform.

If you have been the victim of sexual harassment because of your work uniform, you should report it right away. You will need to let your employer know what is happening and who is treating you inappropriately.

Your employer then has a responsibility – or an obligation – to act and to ensure the matter is resolved and that you are not disrespected and that you have a safe and comfortable work environment. Your employer should act promptly when you file a complaint and notify them of the matter. Don’t delay getting the help that you need.

What To Do Next

When you have fallen victim to sexual harassment, you should report it right away to your employer by notifying your supervisor or human resources department.

You should also ask the person who is harassing you to stop doing so right away. You will need to make sure you maintain supporting evidence that shows your employer was notified, and you should maintain records and documentation that shows how your employer responded to your complaint.

You will need to maintain supporting evidence and documentation, such as proof of the harassment, such as surveillance video footage, witness statements, texts messages or emails, any digital images such as photos of posters or photos that may have been posted to harass you, and any other details that you can provide to show what happened and how it happened.

You will need to keep track of all the follow-ups and what was done to address the problem as well.

The more supporting evidence and documentation that you can gather, the stronger your case will be and the more likely you will be to prevail with your complaint against your employer.

If you are not satisfied with your employer’s response, or if they fail to respond and address the issue, you will need to file a complaint with the Equal Employment Opportunity Commission or with the Labor Board.

They will then investigate the complaint and try to reach a resolution.

If the EEOC or Labor Board finds there was intentional wrongdoing or that your employer has violated laws, they will then recommend you file a lawsuit against your employer in an effort to be compensated for your damages.

In that case, if the matter is not resolved before it goes to court, a judge or jury will determine the fate of your claim.

Get a Free Evaluation Today

If you have suffered from sexual harassment because of your uniform, you should speak with an employment law attorney who handles sexual harassment claims.

An attorney will be able to investigate the claim, gather additional evidence and supporting information, and then determine the best way to proceed with your claim to ensure you are treated fairly and that a resolution is reached.

When you consult with a lawyer, be sure to discuss their payment plans. Some attorneys require that a retainer be paid upfront but others will take the case on a contingency basis, which means that they will not be paid until you win your case.

You do have a limited time to pursue a sexual harassment complaint after an incident, and if you wait too long, you cannot recover compensation for your damages. To ensure your claim is on track in a timely manner, complete the Free Case Evaluation Form on this page.

Additional Resources