The words sexual harassment strikes
panic at the hearts of employers everywhere. A significant number of leading
industrial houses have faced this problem at some point of their existence. For
the most part, employers dread the prospect of lengthy legal battles, EEOC
investigations, and verdicts which can entail huge monetary awards sometimes
because of political correctness and so on.
What
are the elements that plaintiffs are required to prove?
In case a plaintiff alleges that a hostile
work environment exists he/she will have to prove that:
- The plaintiff belongs to a protected class
- The plaintiff faced unwelcome sexual behaviors
- The harassment was directed towards the plaintiff’s sex
- The harassment caused a hostile work environment
- The liability of the employer
Co-worker
Harassment
When an employee acclaims a hostile work
environment allegation the employer can become implicated if the employee is
able to show that the employer knew about the harassment but did not act
proactively to deter the harasser.
This is sort of like what was happening
to Bubbles in The Wire in season 4 when he was getting beat down by the
neighborhood thief. Bubbles complained to the police but this particular police
officer was a thief and bully himself using the badge to get over on people. He
did not care one iota about Bubble’s complaints and even stole some of Bubble’s
products for himself. Now this is not sexual harassment related but the police officer in this scenario should have done something about this neighborhood thug. The
fact that he did not could possibly open up a gap for a lawsuit.
If an employer says he had no knowledge
of such acts, north central New York sexual harassment attorneys argue that the
employer ‘should have known’ being at the helm of a company. In The Wire
example, the police officer knew since Bubbles made a direct complaint.
The complaint against the employer comes
in two parts. 1) The employer knew about the harassment, and 2) The employer
failed to take constructive steps to stop the harassment. The employers however
can protect themselves from the ‘should have known’ charge by implementing
certain steps. These include conducting surveys on workplace environment and
scheduling training programs where the employees are told what steps they can
take to report any type of sexual harassment and discrimination.
In addition, meetings can be arranged
where supervisors and employees can divulge their issues and concerns openly.
If employers are able to show the jury that they took effective measures to
prevent the untoward incident they can escape legal implications to an extent.
Supervisor
Harassment
The legal situation is totally different
if a supervisor is accused of sexual harassment. The plaintiff here will not
have to prove liability as the employer is presumed liable in such a situation.
Syracuse, NY sexual harassment lawyers assert that if employers study court
verdicts over the past few years they will get a clear idea how they defend
themselves against such allegations.
Employers can show evidence to prove
that they had all the preventive mechanisms in place and they acted to stop the
harassment at a timely fashion. Secondly, they can demonstrate that the
plaintiff failed to take advantage of the mechanisms without any appropriate
reason.
The courts have time and again shown how
employers can evade liability. They must have an effective anti-harassment
policy in place and also have a complaint system which is easy to use. The
policy and disciplinary actions that will be taken for violating the laws must
be made available to all the employees. When a complaint is received it is
crucial to act promptly by investigating and punishing the guilty.
If you need help with a sexual harassment policy or face
allegations of workplace sexual harassment you can always count on
help from a sexual harassment lawyer in Syracuse, New York.
It does not matter if you are getting
beaten up or sexually harassed, this is the site you can use: Sexual-Harassment-USAttorneys. Now Bubbles was homeless so gaining access to the
Internet is not really practical and that is another matter. You have access to
the net. You have a clear and present problem. Use that website to punish that
person and possibly your employer for allowing this horrendous situation to
envelop your life.
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