Do I have a Legitimate Claim?
Sexual harassment refers to any act of intimidation, bullying or coercion of a sexual nature, or an inappropriate promise of benefits or rewards in exchange for sexual favors. In some circumstances, sexual harassment is illegal; however, the term is broad and can include a range of actions from mild transgressions and annoyances to sexual assault or abuse. Because of this variance, the question regarding an inclusion of sexual harassment lawyers in your particular case is somewhat muddled.
Due to the broadness of the act, the hiring of a sexual harassment lawyer may or may not be necessary; the dependence of legal aid revolves around the circumstances of your specific case. Was your sexual harassment complaint triggered by annoying flirtations or aggressive and lewd physical altercations? Is it perpetual or is the aggressor passive in his comments or actions? Does the sexual harassment take place at your place of work? These questions, along with the details surrounding the aggressor’s actions, will shed light on your need for a sexual harassment lawyer.
To evaluate your need for a sexual harassment lawyer and the subsequent filing of a claim, observe the following information:
Conduct that is Considered Sexual Harassment:
Quid Pro Quo: Occurs when an employer negotiates the terms of employment or promises work-related bonuses in exchange for sexual favors
Direct Sexual Conduct by Employer: All employers are not permitted to make sexual advances or remarks towards employees
Hostile Work Environments: You should contact sexual harassment lawyers if your employer or your co-workers maintain a work environment that is overtly sexual in nature. All employers are required to keep the work environment free from sexual harassment—employees should not be denigrated, belittled or pressured into sexual situations. You may file a sexual harassment suit—with the aid of a sexual harassment lawyer—if this situation arises. All employers may be held liable when a co-worker or supervisor is the harasser.
Stereotypes: All employers, supervisors and co-workers cannot harass you because you are unwilling to conform to the typical female or male stereotype.
Am I Protected Under Sexual Harassment Laws?
Sexual harassment laws are multifarious; they differentiate, not only between state and locality, but between individual employers as well. That being said, there is a universal shield of protection offered to broad groups of people.
• Female employees who are harassed by male co-workers, supervisors or employers are protected under sexual harassment law
• Male employees who are harassed by male co-workers, supervisors or employers are protected under sexual harassment law
• Female or male employees who are harassed by co-workers, supervisors or employers of their own sex in certain conditions.
“Same-sex sexual harassment” is commonly the result of the aggressive individual’s belief that the individual does not conform to preconceived sexual stereotypes.
An employer is required to post sexual harassment policies regarding behavior in the workplace; these policies ultimately create a firm’s unique sexual harassment laws. If these laws are broken and you are victimized because of this breach, you are entitled to filing a sexual harassment lawsuit.
In addition to your employer’s rules against sexual harassment, the United States, at the local and federal levels, has instituted a series of laws to curb acts of sexual abuse or harassment.
These federal and state laws prohibit all forms of sexual harassment in the workplace on the basis of gender or sex. Both the federal government and the individual states have created agencies to investigate harassment claims and enforce these laws.
Federal Sexual Harassment Laws: The Equal Employment opportunity Commission enforces harassment laws and sex discrimination in the workplace. This government agency will investigate claims of harassment and discrimination in the workplace. In order to file a suit with a federal court, an employee must first file a claim with the Equal Employment Opportunity Commission within 180 days of the incident. The filing of this claim will be expedited with the inclusion of a sexual harassment lawyer.
State Laws: A number of states in the U.S. implement their own laws to curb sexual harassment in the workplace—local agencies are responsible for enforcing these laws. It must be noted, that each state also implements a unique statute of limitations. If you are looking for sexual harassment lawyers to help file your claim and investigate your situation, be weary of your state’s time constraints.
Laws Regarding Retaliation: An employer is prohibited from pursuing a negative employment action against an employee because the individual reports sexual harassment, has hired a sexual harassment lawyer or has participated in a sexual harassment investigation. Negative employment actions include: decrease in pay, restricting benefits, firing or demoting.
Should I hire a Sexual Harassment Lawyer?
Although your case may be somewhat blurry, sexual harassment lawyers provide a number of transparent and innocuous benefits. Investigating and subsequently proving a sexual harassment claim is typically difficult; sexual harassment lawyers aid, not only in the filing (ensuring that the claim meets the legal process’s requirements, including the statute of limitations), but also in the tangible investigation.
To produce a successful sexual harassment claim, you must be lucid and thorough in your description of your case—the sexual harassment lawyer must know everything that happened to you. Sexual harassment lawyers use this advice to construct the claim; this claim is then reviewed in relation to your employer’s sexual harassment policy and your state’s particular sexual harassment laws.
Aside from these benefits, sexual harassment lawyers are efficient in securing compensation for your emotional suffering and any opportunity costs that resulted from the harassment. Additionally, the Equal Employment Opportunity Commission and their investigators are often busy and unable to investigate claims in an efficient manner. Because of this over-working, sexual harassment lawyers are a productive means to initiate a claim. A sexual harassment lawyer will help you investigate your sexual harassment claim and inform you of the various legal options you can pursue.
