What does a lawyer look for in a sexual harassment case?

Sexual harassment at work happens when an employee is subjected to the persistent unwelcome conduct of another individual or group of individuals that could include managers, supervisors, and co-workers. If you face such a situation you ought to report the matter to the person authorized according to your employer’s sexual harassment policy.

However, it would be sagacious to seek assistance from a sexual harassment lawyer as well. Your legal representative will want to know certain facts concerning the harassment or discrimination at work to determine whether the issues qualify as sexual harassment or not.

Vince Masuka, in the show Dexter, invoked quiet sexual harassment tendencies. Every day he said comments that could be construed as sexual harassment. Now he said them in an innocent and non-threatening way so perhaps that could work in some places. Now House on the other hand, in the eponymous show House, was a sexual harassment time bomb. He was not endearing or friendly, he was beyond obnoxious. That is why he had so many problems – in real life he would have been fired. But that is TV, fiction for you!

What is not fiction is this website: Sexual-Harassment-USAttorneys. If you need legal help utilize this website. You may feel you have nowhere to go, nowhere to turn. Yes you do, we are right here!

How lawyers find merit in a complaint

Any unwelcome conduct which is sexually offensive can be construed as sexual harassment. This means if someone makes physical gestures of a sexual nature or passes comments with a sexual overture, it can be termed as sexual harassment. Any legal representative will have two questions here:

1. Did this conduct offend others present around as well?

2. Did you participate in the conduct voluntarily in the past or engage in sexual banter yourself?

The merit of your case will depend on the answers you provide for the above questions. Your sexual harassment attorney will want some kind of evidence to prove that the conduct was unwelcome. To meet this criteria the harassment must be persistent and frequent.

However, one single incident can also be sexual harassment. This happens when an employer or a colleague assaults a co-worker. Repeated and persistent offers for a date, posting objectionable photos of colleagues in a public forum, graphics laden with sexual content, vulgar texts, and nudity and sexual simulation, are all considered forms of workplace sexual harassment.

One of the important things that sexual harassment lawyers look for is who could be possibly held liable for the harassment. There is a difference between harassment by a co-worker and harassment by someone in management.

If you are harassed by a supervisor or a manager you can hold the employer liable. But if you are harassed by a co-worker you can only hold the employer responsible if the management fails to stop the harassment after you have made the complaint. Your legal counselor will ask for evidence such as letters, emails, texts, graphics, and a copy of the complaint that you made to the management, and will evaluate the evidence to see if you have a case or not.

Assessing damages

Sexual harassment cases involve claims which must be paid by the employee or the employer as compensation. Did you suffer wage loss? Were you demoted or terminated when you refused to participate in a sexual act? Did your employer threaten you with an adverse employment action when you refused him/her?

Were you taken out of coveted projects or excluded from important events when you reported the harassment or when you refrained from participating in a sexual act? You will have to give your legal counselor a proper estimate of the damages you have suffered due to the harassment.

Whether you are an employee who has been sexually harassed or are falsely accused of sexual harassment in the workplace, make sure to speak with a sexual harassment lawyer. Let your lawyer’s experience work towards helping you receive the compensation you rightly deserve.