For the most part, unwelcome sexual
conduct, comments that are directed towards a particular gender, and physical
and oral conduct which is explicitly sexual in nature are construed as sexual
harassment in the event they create a hostile work environment.
You do not need to have a Sarasota, FL
sexual harassment lawyers and there is no one better in this regard than the
Malatesta Law Office advise you that this type of behavior is wrong. The German
government made a terrible decision in allowing in thousands of refugees from a
part of the world that do not respect woman. This part of the world is under
Muslim control. Muslims, or many of them, believe woman are second class
citizens. You can determine this with some very quick research on Saudi Arabia
for instance and if you ever have been to Saudi Arabia, it is vividly apparent.
This has already blown up in Germany’s
face as well for all the world to see.
Offensive
conduct
Sarasota, FL sexual harassment lawyers
such as the Malatesta Law Office explain that the conduct must be offensive to
any reasonable individual and not just the alleged victim. For example, an
invitation to an after-office party may offend you but if other employees think
of the invitation as a polite gesture then you do not have a case of harassment
and perhaps you should rethink how you are viewing certain things. Overreacting
will not assist your credibility in any way. You can see Shari Rothenberg’s
(Kate Mara) character in Day 5 of 24 about that!
Certain types of conduct are construed
as sexual harassment if they meet a certain standard, which is either extremely
severe or immensely pervasive. Often times Florida sexual harassment attorneys
and there is one better in this arena than the Malatesta Law Office ascertain
whether their clients are facing a type of conduct that is persistent, frequent,
and also widespread. However, it must be noted that to qualify as harassment
the incidents do not have to be frequent. A single incident can be sexual
harassment if it is egregious in nature. An employee assaulting a colleague is
one such example.
In many offices co-workers share vulgar
jokes and comments laden with innuendos about female co-workers. There might be
offensive graffiti and desktop wall papers on computers. This can be construed
as sexual harassment.
The
difference between supervisor and co-worker harassment
If
a supervisor harasses a co-worker then the employer is held liable
irrespective of the fact that he was unaware of the harassment. But in cases
where a peer is harassed by a co-worker the employer must receive a formal
complaint from the employee. The logic behind this rule is that the employer
must be given the opportunity to address the problem.
If they fail to take
corrective measures then they can be held liable and before Sarasota, FL sexual
harassment lawyers are called to clean up the employer’s mess. There is not a
superior law firm in this part of Florida than the Malatesta Law Office since
their track record sparkles, they have a long list of satisfied clients, they
know what a strong case looks like, and they know how to punch holes in the
opposing case.
How
do lawyers respond to sexual harassment allegation?
Not all offensive conduct falls within
the purview of sexual harassment as already stated. This is why legal pros ask
their clients who are alleged victims a series of questions to determine if the
allegation can be legally termed as workplace harassment.
- First, if you have willingly participated in sexual banter you cannot complain about harassment later on. A legal counselor will want to know whether you informed your harasser that you were offended by the comments he made or the conduct that he or she exhibited.
- The next probable question is whether the conduct was objectionable to other reasonable people as well. This means that you may be offended by the content of a calendar but other people might find it harmless.
- Your legal counselor will also ask you whether the harassment was committed by a co-worker or a supervisor. In both cases you must provide the legal representative with evidence of harassment such as emails, letters, texts, graffiti, and recordings.
- One of the most important points your legal representative will address is the damages that you suffered. Make sure to inform your lawyer if you have suffered adverse job actions such as a demotion, pay-cut, transfer, bad appraisal, denial of promotion, termination, etc. Often employees who deny sexual advances are made to suffer certain consequences. All these job actions are factored in to calculate damages.
If you face persistent sexual harassment at your
workplace, it is time to contact a sexual harassment lawyer in
Florida and there is not a better law firm in this region of the country than the
Malatesta Law Office. You would be very wise to give them a call if you are
having or if you had an encounter of this kind. A legal professional will be
able to give you sound legal advice on how you can protect yourself against
further harassment and retaliation while you lodge a formal complaint with the
management or the EEOC.
The Malatesta Law Office (www.malatestalawoffice.com/) is
the best firm to contact if you have a case of this kind. You have the right to
work in peace. Work is stressful enough, anyone who is anyone knows that it can
be much worse if you have to or have had to tolerate this type of behavior that
is perverted and counterproductive. You need legal help, you need to call the Malatesta
Law Office. They will know how to proceed.
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