Any unwanted sexual approaches, requests for sexual favors, or any sexually motivated verbal or physical action that produces a hostile or uncomfortable work environment is considered sexual harassment.
Sexual harassment is a kind of sex discrimination under the law. Title VII of the Civil Rights Act of 1964 prohibits sex discrimination. The Supreme Court didn't extend the concept of sex discrimination to include sexual harassment in the workplace until the late 1980s. Not every insulting remark will be classified as sexual harassment under the law. If you believe you have been subjected to sexual harassment, you should consult with a lawyer as quickly as possible to determine whether the behavior fits the legal definition of harassment. You may need to take specific steps to safeguard your rights even if you are being harassed. For instance, your workplace's policy (or even the law) may compel you to report alleged sexual harassment to human resources or managerial workers to hold the business liable. An expert employment lawyer can assist you in determining which HR or another employee to report the alleged harassment to. A lawyer can also help you draught a description of the harassing behavior. That way, if you're apprehensive about speaking with HR or a manager about the conduct (which is understandable), you'll be able to convey all of the pertinent information clearly and calmly.
When Should You Consult an Attorney about Sexual Harassment?
An employment lawyer will advise you on various things to take to protect yourself in addition to assisting you in preparing to report harassment. These steps could include the following:
• Preparing you to deal with the harasser if the harassment persists
• Documenting the harassment and all interactions with your employer about it
• Advising you on how to report harassment to your employer in the future, and
• Keeping track of your employer's response to your complaint to ensure that retaliation does not occur.
It's difficult to think clearly about how to respond when you're dealing with workplace harassment. An employee who has been sexually harassed may be too emotionally depleted and bewildered to have the perspective on his or her situation needed to respond effectively. An employment lawyer can be a valuable resource in determining the best course of action. Any allegations of sexual harassment must be investigated by your employer, as required by law. Furthermore, your employer is prohibited from taking any actions that would jeopardize your employment throughout the investigation. During the investigation, an experienced employment lawyer can check in with you to ensure that the employer is following the law. In addition, an employment lawyer will explain the formal steps you might take to challenge sexual harassment. Filing a charge of discrimination against your employer with your state's anti-discrimination agency or the federal Equal Employment Opportunity Commission is one of these options (EEOC). In addition, the lawyer can discuss the benefits and drawbacks of doing so, as well as the advantages and drawbacks of launching a lawsuit against your employer if you are dissatisfied with its reaction to your sexual harassment complaint.
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