Tagged in: sexual harassment

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/.

 

sexual harassment

What Everyone Must Know About Sexual Harassment

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

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!