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.
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.
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.
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, wage and hour lawyers or employers.
Typically, wage and hour lawyers will concentrate on one side or the other, but some lawyers will accept clients from either side. wage and hour lawyers regularly handle disputes originating from:
Minimum wage violations because we are well-versed in the relevant wage and hour legislation. Misclassifications of employees and unpaid overtime unlawful deductions from wages.
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.
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:
An employment lawyer with experience can provide answers to these queries.
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.
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:
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.
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