Sexual Harassment at Work: Which Legal Professional is Preferable—Sexual Assault Lawyer or Employment Lawyer?

Sexual Harassment at Work: Which Legal Professional is Preferable—Sexual Assault Lawyer or Employment Lawyer?

One of the most widespread issues at work is sexual harassment. While it is generally accepted by the law that sexual harassment occurs in a professional environment, this isn’t always the case. Sexual harassment can happen to someone while they are looking for work and outside the walls of the workplace. Even though it is a crime, sexual assault can be dealt with in civil court and does not require an employer-employee connection.

Unfortunately, only recently has the prevalence of sexual harassment and assault cases begun to be acknowledged as a significant cultural issue. Women all around the world have united under the #MeToo movement and provided a powerful voice against this conduct – and the cloak of silence surrounding it – which is long overdue following reports of sexual harassment, assault, and abuse by countless high-profile men across numerous professions.

How Can Sexual Harassment Affect the Health of Women?

Research from the University of Pittsburgh indicates that the trauma of sexual harassment has an ongoing impact on women’s health. The likelihood of developing depression symptoms was approximately three times higher in women who had experienced sexual harassment. In addition, they also suffered from nausea, sleep issues, high blood pressure, low self-esteem, and incapacitating stress reactions.

What Effects Does Sexual Harassment Have on Workers’ Productivity?

Employee productivity is reduced in toxic settings. A worker’s productivity will be impacted by a sexual harassment event, or worse, a pervasive harassment campaign. According to research, sexual harassment strongly correlates with job unhappiness and disengagement. The effects of sexual harassment on the workplace can include employee distraction, tardiness, absenteeism, and project neglect.

What Do Employment Lawyers Do?

Employment lawyers generally fall into one of two categories. One type, also known as employment discrimination attorneys, employment rights attorneys, or federal employment attorneys, concentrates on plaintiffs or employees, while the other, sometimes known as management attorneys, focuses on defendants or employers.

Typically, an employment lawyer will concentrate on one side or the other, but some lawyers will accept clients from either side.

Your First Moves – Workplace Lawsuit Lawyers

Victims of workplace harassment must first take appropriate action to prevent future incidents before pursuing legal action. This entails addressing the harasser or harassers directly and ordering them to stop, alerting management and human resources to the inappropriate behavior, and using any internal complaint mechanisms your workplace may have put in place. Both federal and California law mandate that harassment victims explore all other available remedies before filing a lawsuit.

To support their claims, victims should meticulously record the harassment as it happens. Gather copies of internal correspondence that may be relevant to your case, make notes after any instances of unlawful harassment, and speak with your employer, the harasser, or any witnesses regarding unlawful conduct. This direct evidence may be crucial in helping you recover lost wages, lost benefits, punitive damages, and other compensatory damages.

How Legal Counsel Can Help

Before deciding what, if anything, to do when you encounter harassing behavior at work, you may have a number of questions that need to be addressed. These inquiries include:

  • Was this even harassment in the legal sense of the word?
  • What should I say to the harasser in return?
  • Do I need to report the harassment?
  • Is there anything I can do to safeguard myself from harassment in the future?
  • What can I do to stop my employer from taking adverse action against me after I reported the behavior?

An employment lawyer with experience can provide answers to these queries.

Before You Report Sexual Harassment, Consult a Lawyer

Even if you are the target of harassment, you might still need to take some action to safeguard your rights. For instance, in order to hold your employer accountable for any harassment, the policy of your workplace (or even the law) may compel you to inform human resources or the administrative staff of any potential sexual harassment. (Take note that the law does not require that you report the harassment in order to hold the employer accountable for it if the harasser is a manager.) You can find the appropriate HR representative or another employee to whom you should report potential harassment with the assistance of an expert employment lawyer. You can collaborate with a lawyer to develop a detailed account of the harassing behavior. This will give you the assurance to present all pertinent material calmly and clearly even if you feel apprehensive while discussing the conduct with HR or a manager, which is only reasonable.

Providing You With Protection

An employment lawyer will advise you on further measures to take to protect yourself in addition to assisting you in getting ready to report harassment. These actions could involve:

  • Keeping a record of the harassment and all conversations with your employer about it.
  • Getting you ready to handle the harasser if the harassment persists.
  • Advising you on how to inform your employer of any upcoming harassment.
  • Keeping an eye on your employer’s response to your complaint to make sure they don’t take any adverse action against you.
  • Having to deal with harassment at work might make it challenging to formulate a thoughtful response. An employee who has experienced sexual harassment could be too emotionally exhausted and bewildered to see things clearly enough to respond forcefully. You should consult with an employment attorney to determine the best course of action.

What Does a Labor and Employment Lawyer Do?

According to attorney Allen, Norton and Blue shareholder Mark Levitt, “an employment attorney works with any area of employment.” This entails any employment-related concerns, including discrimination, wage and hour disputes, Occupational Safety and Health Act violations, etc.

According to Levitt, a plaintiff’s employment lawyer can assist a worker in determining whether their rights have been infringed and whether taking additional action would be beneficial. The lawyer will confirm that internal remedies have been used up, such as following the procedures for reporting harassment or other forms of discrimination in the employee handbook. The lawyer can assist the employee in navigating the Fair Labor Standards Act (FLSA) to determine whether rights have been violated and can also assist the employee with the next steps if the issue is with on-time pay, overtime, or proper pay classification (non-exempt versus exempt status).

Emma Chris

Emma Chris is the founder of Forbes Era. Emma helps businesses to make their online presence by helping them to connect with their potential customers.

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