For the most part, sexual harassment is of two types viz: quid pro quo sexual harassment and hostile work environment sexual harassment. It is always smart for everyone to be aware of the basics of sexual harassment to reduce the risk of falling prey to a harasser and to know what to do when such a situation arises. This could help you avoid ever needing a sexual harassment lawyer.
Quid Pro Quo Sexual Harassment
Quid Pro Quo is a Latin term meaning “this for that”, and happens whenever an employee wielding supervisory powers makes sexual advances towards any subordinate. If the subordinate submits to it, he/she receives an employment benefit such as promotion while a rejection can mean an employment detriment, such as a demotion. Employers are held firmly liable for any quid pro quo sexual harassment, initiated by supervisors. This means that employers are legally liable for damages, whether they are at “fault” or not.
They are the ones who hired and are employing such a person.
This type of harassment can be a blatant as well as direct sexual solicitation, or more like an indirect dating invitation or sexual propositions. Just a single sexual advance is deemed harassment if it is combined with the denial or granting of employment benefits. You should get a sexual harassment attorney involved right at this juncture.
Certainly this is not the first time something like this happened and even if it is only once it should not be swept under the rug.
Hostile Work Environment Sexual Harassment
Hostile work environment sexual harassment happens when any undesired sexual conduct interferes unreasonably with a person’s job performance or leads to an intimidating, offensive, or hostile work environment. Such behavior can be physical, nonverbal, or verbal. In this type of harassment, it isn’t necessary for the sexual harassment to result in employment outcomes, like reduction of pay or promotion. Employers, supervisors, customers, clients or coworkers, can invoke a hostile work environment.
There are two crucial conditions that determine responsibility for employers in cases of this type of sexual harassment and you should hire a sexual harassment lawyer regardless of which type of sexual harassment you deal with. You can find this necessary and strategic legal help on this site: http://sexual-harassment-lawyers.usattorneys.com/.
To begin with, the employer was aware or ought to have known about the sexual harassment, and secondly the employer failed in taking a suitable corrective action. An employer is expected to be aware of the hostile environment in the instances given below:
- A complaint on the harassment was made to management
- Management has failed to establish a proper sexual harassment policy
- Harassment is practiced openly or familiar among the employees.
Constructive discharge happens whenever the employer intentionally creates working conditions so dreadful that any reasonable individual is sure to find them unbearable. Constructive discharge happens only when the victim leaves the job due to the harassment, giving the employer notice concerning harassment as well as a chance to remedy the situation.
Any kind of retaliation is forbidden against an employee who resisted the sexual harassment, made a complaint of harassment, or took part in any investigation. Protected employee behavior can be in the form of resisting advances, making a complaint of the sexual harassment, supporting the claim of another employee, as well as informing the police.
Instances of employer retaliation can be under the transfer, dismissal, negative evaluation, or demotion avenues. In order to make a claim of retaliation, the employee should prove that there is a direct connection between the conduct and the response in retaliation.
This Sexual Harasser is Wrong
If you are a victim of any type of harassment or discrimination don’t hesitate to seek immediate assistance from a sexual harassment lawyer. It is time for you to retaliate. You did not “have this coming to you”. You did not deserve this sort of treatment. You did not invite this upon yourself. Secure that legal help and make this right!