Tagged in: environment

handling sexual harassment

What Actions Can You Take Following a Sexual Harassment Encounter?

It goes without saying, that you must seek legal and clinical help if you are a victim of sexual abuse. The first step is to ask the harasser to stop the abuse. Moreover, it is important to make it perfectly clear to your harasser that his/her conduct is unwanted and unwelcome.

To begin with, you will need to report the harassment to the human resource department and your supervisor and if this does not work out well, the thoughts of a Fort Lauderdale, FL sexual harassment lawyer should be entering your mind right about now.

You could always seek legal counsel at any time even before you file a complaint with the appropriate authority as just mentioned. If your employer fails to take action against the alleged harasser you have the right to approach the Equal Employment Opportunity Commission (EEOC) and the Department of Fair Employment and Housing (DFEH). You can find more information about employment and sexual harassment right here.

Following an investigation, the EEOC will attempt to make your employer reach a settlement, failing which you will be given permission to file a lawsuit against the harasser and your employer. Simultaneously, it is important to document every episode of harassment and undergo psychological counseling if needed.

You must proceed after knowing your legal rights

You must know your legal rights before filing a case. The best way to do this is to consult a Florida sexual harassment attorney to understand what exactly constitutes harassment and the laws that govern harassment cases. This will help you muster confidence before the start of your legal battle.

Is it mandatory to report the harassment to the employer?

Even though it is not mandatory to report the harassment, the employer must be kept formally in the loop. There are two reasons for this. First, if a victim decides not to report the incident, the employer might claim that since the incident was not reported, the employer did not know that such an incident actually did occur.

Therefore, the employer will not liable to pay damages for an incident that was clearly avoidable as timely intimation would have led the management to stop the abuse. The legal term used in such situations is ‘affirmative defense’. This could give your Fort Lauderdale sexual harassment lawyer some problems.

Secondly reporting such incidents prove another very crucial thing. It proves that the victim, you, was eager to stop this unwelcome and unwanted behavior and this will score some big points in the eyes of the jury, mediator, your actual employer.

If you do not report it, your employer could believe that you thought this issue was minor and just someone playing around. You would have reported it if it was that big of deal and if you were clearly upset about it. The fact that you did not speaks for itself.

Coping with the mental stress after an episode and psychiatrist help

Every individual reacts differently to any form of sexual harassment or discrimination. Some suffer mental agony resulting in hysteria and depression while others may be able to hide any inner turmoil. Nevertheless, mental stress is common to most cases. There are others who repeatedly try to recollect the events of a day leading up to the incident and try to figure out if they gave their assailant any reason to behave in the manner they did through their demeanor.

Depression, fatigue, headaches, intimacy issues, and anger are common psychological outcomes and for this you must consult a psychiatrist who can be later called up to testify on your condition after the incident. No matter how serious the harassment is, don’t hesitate to consult a Florida sexual harassment lawyer as soon as possible.

You may like your job. You may feel calling up a lawyer is the beginning to the end. If you do not get some legal help your job performance and morale could suffer which may affect your job status anyhow. In addition, the sexual harassment may not stop and it could become worse. Your employer needs to be dealt with you and your lawyer will know what to do. This is where you need to go: http://sexual-harassment-lawyers.usattorneys.com/florida/.

 

business environment

How can Hostile Work Environment Harassment Lawyers Help

According to the United States Equal Opportunity Employment Commission (EEOC) sexual harassment is unwelcome sexual advances and requests for sexual favors. The EEOC also states that in case the sexual harassment at the workplace is both frequent and severe, it creates an offensive or hostile work environment, resulting in an unfavorable employment decision. If you are the victim of sexual harassment at the workplace, it would be prudent to seek legal counsel as soon as possible.

Why wait to see of your employer does anything about it? Get this off your chest and start presenting some evidence to law firm that knows this domain. They can help you and let you know how you can be building your case while still at work and doing your job. Where do you find an employment law firm of this type of caliber in the Sarasota area? The Malatesta Law Office should be the firm you turn too. Here is their site: www.malatestalawoffice.com.

When is legal action necessary?

In order to have a prima facie case against a hostile work environment, the factors detailed below should be proven first:

  • There should be behavior or actions that discriminate against certain protected classifications such as race, religion, age, or disability. Your Sarasota, FL sexual harassment lawyer will work with you on this after you convey to them your side of the story.
  • The communication or behavior must be persistent and not limited to a few off-color remarks that annoyed a co-worker.
  • The hostile actions, behavior, and communication need to be severe. For the most part, it should continue not only over time but must disrupt an employee’s work severely, as well.

Company harassment policies

A court tends to hold a company responsible for hostile work environment harassment, in case they fail to endorse a harassment policy, endorse an ineffective policy, or fail to implement its policy. In reality, harassment policies should be a significant part of any company’s non-discrimination policy, as any Florida sexual harassment attorney would explain to you.

On the contrary, in case a company has an effective non-discrimination policy evidently prohibiting harassment, and harassment happens although not obvious, and you fail to follow the procedure for an internal complaint, you may find it hard to prove that the company was aware of that harassment.

Sarasota, FL sexual harassment lawyers indicate that courts usually hold employers responsible for a hostile work environment harassment in the following cases:

  • Was aware of the harassment: When an individual in authority has in fact watched the harassment; the injured party files a proper complaint; or the harassment is openly and widely practiced.
  • Actually learned of the harassment: Whenever sexual harassment remains blatant; employees filed complaints which were completely ignored; supervisors and/or managers observe behavior, indicating that they should conduct further inquiries.
  • Failed to initiate appropriate and immediate steps to prevent it: Apart from being well aware of the harassment, the company or government entity failed to take action, making them liable. Whenever the company learns of the harassment in question, they must respond immediately, and take immediate and effective action. The entity must have an effective remedy that can stop the sexual harassment from taking place and also should check it from being repeated.

Consult a sexual harassment lawyer 

If you find yourself being subjected to constant environmental harassment of a sexual nature at or in the workplace, in spite of the several oral and written complaints made to the higher-ups of the company, it is time to hire a Florida sexual harassment lawyer without any more delay. Your legal representative will evaluate your case and assist in the explaining the law to you as well as argue for your rights in and out of court if necessary.

The Malatesta Law Office is one of the best in the business and leads the pack entirely in the Sarasota area. They have won many cases in the past and they know how to make organizations pay for not dealing with this situation properly in the first place.