Sexual Harassment
At a work party held for the success of a recent event, a coworker made a vulgar suggestion to you. This isn’t the first time this person has made you uncomfortable at work with sexual innuendos and other inappropriate conduct. However, you work in a firm and industry with a “work hard/play hard” mentality, and you like your work.
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You are concerned that creating a fuss over a coworker, while appropriate, would come back to bother you in your career. If you or someone you know is the victim of sexual harassment, it may be a frustrating, humiliating, and frightening moment in your life. One of the most startling statistics about workplace sexual harassment is that an estimated 75% of incidences go unreported. Many victims hesitate to take action and hold abusers accountable, whether due to misunderstanding about what constitutes harassment or fear of reprisal. While there are some activities that plainly exceed the line, not every unpleasant remark counts as sexual harassment under the law.
Sexual harassment is defined as any unwanted sexual approaches, demands for sexual favours, or any sexually motivated verbal or physical action that creates a hostile or uncomfortable work environment. Not every insulting remark qualifies as sexual harassment under the law. If you are confronted with activity that you believe is sexual harassment, you should consult with a lawyer as quickly as possible to determine if the conduct meets the legal definition of harassment.
Even if you are being harassed, you may need to take some precautions to safeguard your rights. For example, your company’s policy (or even the law) may compel you to report potential sexual harassment to human resources or supervisory staff in order to hold the employer liable for the harassment. Our expert employment lawyer will assist you in determining the appropriate HR or other employee to whom you should report potential harassment. A lawyer can also help you outline your account of the harassing behaviour.
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That way, if you are worried while speaking with HR or a manager about the behaviour (which is reasonable), you’ll be able to present all of the important facts clearly and gently.
An employment lawyer will advise you on various things to take to protect yourself in addition to assisting you in preparing to report harassment. These steps may include the following:
Documenting the harassment and any talks with your employer about it
Getting you ready to deal with the harasser if the harassment persists
advising you on how to report future workplace harassment to your employer, and
Keep an eye on your employer’s response to your complaint to ensure that he or she does not retaliate against you.
When dealing with workplace harassment, it can be tough to think clearly about how to respond. An employee who has been subjected to sexual harassment may be too emotionally depleted and bewildered to have the perspective needed to craft a meaningful reaction. An employment lawyer might be a valuable resource in determining what measures to pursue.
Before you go to the court, you will have to inform your supervisor or the HR. If you go to court without first discussing the issue with your employer, your company may be able to avoid culpability by arguing that you did nothing to correct the condition, therefore losing the case.
Employers are not allowed to retaliate against employees who report sexual harassment under the law. Retaliation can take numerous forms, including disciplinary measures or termination (although those actions certainly may be retaliation). If your bosses, for example, remove you from a future promotion that you were supposed to get, or ban you from meetings, events, or even social excursions after you report harassment, a lawyer can investigate if these acts are retaliatory.
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CA 91910, United States
Phone
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