Legally defined, sexual harassment is “any unwelcome sexual conduct or advances in the workspace that makes the environment hostile, intimidating or offensive.”
In an authentic office atmosphere, sexual harassment can come in the form of derogatory or offensive attempts at humor to a job site laden with offensive, pornographic material making the workplace hostile, or be a blatant assault.
While much of the misconduct we hear about is men harassing women, there absolutely can be an assault of men by women and involve all sexual orientations.
Employees are protected by federal and state laws from while in the workspace. Go here for guidelines on sexual harassment in California. When experiencing the behavior, there are a few questions to pose before reacting.
- First, it’s essential to recognize if the action was in fact misconduct in the eyes of the law.
- What sort of response should be given to the harasser?
- How does one protect themself from future offensive behavior?
- How can someone avoid an employer retaliating if a report is made regarding the conduct?
These are questions to pose to an experienced employment lawyer. The professional will review the circumstances to determine if there is a claim and help you to move forward if the case is viable.
What Warrants Seeking The Services Of A Sexual Harassment Lawyer
Sexual harassment doesn’t come in each offensive comment according to the definition of the behavior.
If you believe you are facing conduct that can be construed as harassment, reach out to either an experienced Los Angeles sexual harassment lawyer or employment attorney with whom you can confirm the details as fitting the legal guidelines.
Seeking the assistance of a lawyer will ensure your rights are protected and that you follow the proper steps to ensure that they are.
The company will have policies to follow, and even the law could mandate that the behavior be reported to either the business leaders or the human resource staff to “hold the employer responsible.”
A knowledgeable, specialty attorney will point you in the direction of the staff to whom you need to report the potential harassment, plus can work to help establish documentation of the conduct construed as poor conduct.
These details will provide a level of confidence when presenting the report to the managerial staff. What more can a well-qualified, credentialed sexual harassment or employment lawyer do to help with an account of a potential misconduct claim? Let’s learn.
- The attorney will assist in protecting your rights
The primary outline of the conduct will help with reporting the incident. Still, an employment attorney can advise employees of their rights so that they are able to protect themselves.
Go to https://www.lawyer-monthly.com/2023/03/sexual-harassment-training-everything-you-need-to-know/ for employee training details. Some guidelines to follow should include:
- The potential conduct should be outlined with any conversations or interactions you have with anyone in leadership about the behavior, with dates and times of the discussions and with whom you spoke
- The lawyer will advise methods of dealing with the behavior if the harasser persists
- The attorney will discuss how to proceed if further reports need to be made concerning progressively worsening conduct
- The professional will explain steps to take to monitor the response from the company to ensure there is no retaliation for reports made
When dealing with the conduct, plus having a company that has the potential to retaliate against the reports, an employee can be exceptionally stressed, emotional, and drained. Having an impartial attorney to offer perspective and guidance on proceeding is beneficial.
- A strong ally during the investigation process
A business leader within the company where misconduct is perceived is legally required to investigate the claims without attempting to retaliate or negatively impact your status with the business.
The employment lawyer will be available to ensure the company follows the legal guidelines and that the claim progresses as it should with no difficulties. What is retaliation when a staff member reports sexual misconduct by another employee?
Retaliation can take countless forms. Companies often avoid retaliating by firing since that’s an apparent illegal termination. Some will give the employee an official disciplinary write-up.
After so many of these, a staff member can be terminated. Again, this write-up would need to be justified. Reporting an injustice, unless proven beyond a doubt that the allegation of sexual harassment misconduct was false, wouldn’t be a viable write-up.
In some cases, managers will take employees off lucrative projects, keeping them from important meetings, company social gatherings, and special events. An attorney can assess these to learn why the staff member was excluded, and if it was retaliation, the employee could then take appropriate action.
- The complaints that can be filed will be discussed
An expert sexual harassment attorney will explain the legal actions available to file a charge, including a discrimination charge against the business leader with the federal Equal Employment Opportunity Commission.
The legal professional will help you weigh the pros and cons of filing charges or a lawsuit if the employer’s response to the allegations is unsatisfactory, the advantages and disadvantages, and how they will impact you.
When you experience what you believe to be sexual harassment in the workplace, you must let the person know that the behavior has to stop. When it doesn’t, following the chain of command, it’s vital to let each step of the managerial ladder know what’s transpiring and document each step.
From the moment you decide you’re being harassed, ensure that you have an ally in a credentialed, experienced, and knowledgeable sexual harassment lawyer, one capable of guiding you as you progress through the process. Click for how to select a qualified sexual harassment lawyer.
The lawyer will ensure that you proceed according to the law and that the company is doing so as well, with no attempt to retaliate against you. The employment attorney’s impartial perspective can mean a positive outcome, with the only repercussions felt by the harasser.