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Media stories on sexual harassment in the workplace have gotten more frequent recently. Fortunately, this coverage boosts awareness of the problem and perhaps encourages more victims to come out. However, no one wants their company to be the next one to receive media attention for being an employer who tolerates harassment.
It is important to realize that governments have implemented new legislation that calls for particular rules. This legislation also compels the investigation of harassment claims, ushering in an era of enhanced transparency.
We are more conscious than ever before of the suffering that can result from harassment in the workplace. Simply said, harassment is unacceptable and ought to be stopped right away. An employment lawyer San Diego can help victims of sexual harassment in the workplace get justice and appropriate compensation.
However, in such cases, the best thing you can do is stay informed. So in this article, we outline everything you need to know about workplace sexual harassment.
Let’s begin:
Sexual Harassment: What Is It?
Any unwanted sexual approaches, such as demands for sexual favors, or any verbal or physical actions of a sexual nature that foster an uncomfortable or hostile environment at work constitute sexual harassment.
Not all offensive remarks will fall under the legal definition of sexual harassment. Therefore, it is a good idea to consult a lawyer as soon as you believe you have experienced or witnessed sexual harassment. This will help you determine whether the behavior satisfies the legal definition of the term. An attorney will help you decide whether or not you are in a position to take legal action.
Before You File for Sexual Harassment Consult a Lawyer
If you are the victim of harassment, you might need to take some action to safeguard your rights. In an attempt to hold your employer accountable for the harassment, for instance, the policy of your workplace may compel you to inform human resources or supervisory staff of any potential sexual harassment. However, 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.
How Can Legal Assistance Help with Sexual Harassment?
Before deciding what, if anything, to do when you encounter harassing behavior at work, you might have a number of questions that need to be addressed. These inquiries may include:
- Was it 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 report the behavior?
An employment lawyer with experience can provide answers to these queries.
An Attorney Will Empower You to Safeguard Yourself
An employment attorney will guide you on the measures to take to defend yourself. They will also assist you in getting ready to report harassment. These actions could involve:
- Keeping a record of the abuse and all related conversations with your employer
- Getting you ready to handle the harasser if the harassment persists
- Guiding you on how to inform your employer of any upcoming harassment
- Keeping an eye on your employer’s reply to your complaint to ensure they don’t take any adverse action against you
Having to deal with workplace harassment 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. This is why it is important to have a consultation with an employment attorney. Your attorney will help you determine the best course of action.
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You Will Have Support During the Harassment Trial
The law requires your employer to look into any allegations of sexual harassment. Additionally, during the investigation, your employer cannot take any actions that could harm your employment. Further, a knowledgeable employment attorney can check in with you throughout the investigation to ensure that the employer is acting in accordance with the law’s requirements.
Employers Cannot Retaliate
By law, employers cannot retaliate against workers who complain about sexual harassment.
But keep in mind that retaliation can take many different forms. It isn’t restricted only to being punished or fired. A lawyer can examine these behaviors to see whether they are retaliatory. For instance, if your superiors reject you for desirable tasks or ban you from gatherings, activities, or even social occasions after you report abuse these actions may constitute retaliatory behaviors.
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Conclusion
There are various forms of workplace harassment. They include inappropriate behavior that is verbal, physical, sexual, or emotional. Any form of workplace harassment is forbidden.
Such behaviors not only affect a worker’s productivity, well-being, and safety at work, but they also run the risk of getting a company into legal issues if harassment is not handled properly.
An employment attorney will provide you with the tools, knowledge, guidance, and perspective you need to stand up for your rights.
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