Whether it is a man or woman in the workplace, sexual harassment occurs on a regular basis each day at businesses across the United States. When this happens, it makes the employee feel intimidated, threatened, and often ashamed. As a result, they either say nothing about the harassment and allow it to continue, or wind up giving up a job they otherwise love due to the illegal behavior of others. However, as more and more attention is now being paid to sexual harassment in the workplace, employees who feel they have been victimized by supervisors and coworkers are coming forward with their stories. In many cases, these individuals are choosing to file lawsuits so that those responsible for such behavior are held accountable for their actions. If you believe you have a valid sexual harassment complaint and are considering legal action, discuss your situation with an experienced employment lawyer at West Coast Employment Lawyers.
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State and Federal Protection
If you believe you have been victimized by sexual harassment in the workplace, you will have state and federal laws protecting you regarding such matters. Under federal law, sexual harassment in the workplace is a violation of Title VII of the Civil Rights Act. At the state level, almost all states now have fair employment practices laws in place, with many of them being much stricter than the Civil Rights Act itself. Since circumstances can vary depending on each individual case, it will be crucial you discuss your situation in great detail with a knowledgeable California employment attorney who handles these cases on a regular basis.
Confronting Your Harasser
If you are like many sexual harassment victims, you ultimately make the decision to confront your harasser and tell them to stop whatever they are doing that is making you uncomfortable on the job. Whether you do so in an email or face-to-face conversation, taking this first step will be important should you at some point decide to pursue a lawsuit. Whether it is off-color jokes, sexually suggestive remarks about your appearance, or unwelcome touching by a coworker or boss, telling the other person to stop will let them know you mean business and expect to be treated as a professional. If you can, always keep a copy of emails, letters, or text messages you may send the harasser telling them to stop, since this can be useful if your case goes to court. However, if you are not comfortable confronting the person or feel your safety may be put at risk, make your complaints to your direct supervisor or a member of management
Company Policies
If there is one thing no company wants to see happen, it is having their internal problems leaked to the outside world. Thus, if you are being sexually harassed on the job, you should always check your company’s handbook or personnel policies for guidelines regarding sexual harassment on the job. After doing so, you should discuss your situation not only with your supervisor or another member of management, but also with the company’s human resources director. In doing so, you are not only making them aware of what has transpired against you, but you are also giving them the chance to stop it themselves before you decide legal action may be necessary. While you may not want to complain to the company initially, the U.S. Supreme Court has ruled employees must take this first step prior to filing a lawsuit. If you fail to do so, chances are you would almost always lose your case in court.
Document Your Case
If you are being subjected to sexual harassment on the job and are considering taking legal action against your employer, you will need to take great care to document everything that happens to you that is linked to the sexual harassment. For example, if offensive cartoons, jokes, or pictures are left on your desk or posted on nearby bulletin boards, always keep copies of everything sent your way. Also, each time you are subjected to unwelcome touching or advances, keep detailed notes of the encounter. These should include the date and time of the incident, who was involved, what happened, where it took place, and the names of anyone who witnessed the harassment. Once you have enough evidence to support your case, schedule a meeting with an employment lawyer at West Coast Employment Lawyers. By doing so, you can present your evidence, discuss your case and its options, and make the best decision on how to move forward.
Performance Evaluations
Once you decide to go ahead and bring allegations of sexual harassment against your employer, be prepared for the fight to get dirty very quickly. In most situations, your employer will attempt to portray you as nothing more than a disgruntled employee who is looking for revenge or attention. Even if you were considered an excellent employee prior to your legal action, your employer will disregard this and do all they can to smear your professional and personal reputations. Therefore, it is always a good idea to obtain copies of your previous performance evaluations and other documents regarding your work prior to beginning your lawsuit. Once you have these in your possession, turn them over to your California employment attorney.
Your Physical and Mental Health
Whenever a person is subjected to a hostile work environment due to sexual harassment, it takes a physical and emotional toll on even the strongest of individuals. Thus, rather than try to keep a stiff upper-lip and act as if this behavior has not impacted you in numerous ways, do the opposite and keep a journal of how it has affected your physical and mental health. For example, if you have required counseling for depression or needed medication for anxiety or other related problems, document this and turn it over to your employment lawyer. By having this evidence, it makes your case even stronger and increases the chances you will receive the maximum amount of financial compensation, whether your case goes to trial or is settled out-of-court.
Contacting the EEOC
Even if you have no doubt you are going to file a federal lawsuit against your employer for sexual harassment, you are required by law to first file a complaint with the U.S. Equal Employment Opportunity Commission or a fair employment practices office in your state. Once this is done and an investigation is completed, you can then pursue your lawsuit. But remember that even if the investigation by the EEOC or other agencies does not go in your favor, this will not prevent you from having the legal right to file your lawsuit. In many situations, state and federal offices are overwhelmed with work and severely understaffed, making it likely they won’t conduct a very thorough investigation against your employer.
Since it may take an extended period of time for your sexual harassment lawsuit to get resolved
