Monday, January 11, 2016

What are an Employee’s Rights in a Sexual Harassment Case?

Sexual discrimination that violates articles of the Civil Rights Act of 1964 is known as sexual harassment (http://sexual-harassment-lawyers.usattorneys.com/). For the most part, it is the duty of the employer to prevent employment discrimination on grounds of religion, sex, national origin, and skin color. A person becomes a victim of sex discrimination when he/she has to face unwelcome sexual gestures, continuous requests for sexual favors, and face verbal or physical conduct that is of a sexual nature.

Bullies and aggressors have met their match. If you need a sexual harassment lawyer, go right here: http://sexual-harassment-lawyers.usattorneys.com/. This digital resource tool gives power back to the helpless and seemingly weak. They may believe they are superman but now you have some kryptonite. 
What are the forms of sexual harassment in office?

Quid pro quo: This means the offender holding a managerial position makes it clear to an employee that he/she will get a promotion or an assignment only if he/she agrees to perform certain sexual favors. Often sexual harassment attorneys believe that a particular lawsuit is a classic quid pro quo case when an employee has been denied a form of employment benefit after he/she has refused to participate in a sexual act.

Hostile Work Environment: Often repeated unwelcome sexual conduct such as forcing an employee to participate in a sexual act, pestering an employee with vulgar messages or request for dates, posting offensive pictures on social media, and veiled threats can create a hostile and offensive work environment that makes it impossible for the victim to carry out regular office duties in a manner expected from the individual.

How do courts determine a hostile work environment?
  • There is verbal and physical abuse.
  • The abuse has happened on a number of occasions.
  • There is a proof of hostile and offensive conduct.
  • The supervisor or a manager is the perpetrator.
  • There are others who are taking advantage of the victim as well.
  • The harassment is not directed against one individual but there are multiple victims.

A list of what actually constitutes sexual conduct?
  • Sexual Innuendos
  • Suggestive jokes
  • Displays of graphically sexual nature
  • Unwelcome advances of sexual nature
  • Unwelcome brushing and touching
  • Directly or indirectly offering bribes in exchange of sexual favors
  • Sexual assault

Can men bring sexual harassment lawsuits?

The constitution protects both men and women. The harasser can be a man or a woman and most importantly the victim does not have to be someone from the opposite sex. Any victim can file a sexual harassment case in a civil court to claim damages for this type of conduct.

Moreover, the harasser might not be a supervisor. Sexual harassment attorneys often have cases where a co-worker has turned harasser. In addition, individuals who are not directly targeted sexually can file a complaint if he or she is even indirectly affected by such a conduct prevalent in a workplace.

Steps to follow if you are a victim:
  • Consult the company policy handbook to study the policies on sexual harassment
  • Take notes and gather evidence. For instance note the time of harassment in your diary, talk to witnesses, and keep offensive SMSes stored on your phone.
  • Let the harasser know that his or her behavior bothers you.
  • Speak with your supervisor about the harassment and wait to see if the company steps in to mitigate the situation.
  • If your employer doesn’t take immediate steps to curb the harassment, take your complaint to the Equal Employment Opportunity Commission (EEOC). They will investigate and notify your company about the complaint.
Sexual harassment lawyers reiterate that your employer cannot retaliate if you have make a complaint about sexual harassment occurring in the work place as this mandated in Title VII. You can safely participate in the hearings and the investigation as a victim as well as witness for a co-worker who has suffered a sexual harassment without the fear of retaliation.

You have every right to be upset. Sexual harassment is a cousin to bullying. And no one has the right to be a bully either. This behavior should have been squashed when they were a child but they were pushed through the system and now this person should lose their job because they were not taught how to act years ago. 

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