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.