Notably, sexual harassment may not get noticed by other employees for what it is. At the same time, you may suffer from anxiety, insomnia, depression over finances, worry, and what you should do.
Here, our top Los Angeles personal injury attorneys from Ehline Law Firm tell you the way to protect yourself and how to come out on top in this helpful article.
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And all of this is due to your hostile work environment. In fact, Michael Ehline himself has worked in a hostile work situation. So our accident attorneys understand what it is.
And we don’t like it. Hence, we are willing to fight like mad on behalf of the victims. Most of all, we won’t rest until victims get justice in or out of court.
The goal is getting you monetary damages to send a message to your employer. The message is clear. Honor the spirit of the employment contract instead. So stop trying to terminate the employee constructively. After all, it is he or she who is the object of the employer’s aggression.
Read on and discover more about what makes us different.
There are state and federal laws to protect employees from workplace harassment. But not all harassment at work is illegal. The U.S. Equal Employment Opportunity Commission (EEOC) outlines the differences. So it covers what legal, and unlawful hostile work environments are.
Of course, this is unless the isolated incident is exceptionally hostile. Then it may be illegal. The EEOC says hostile work environments exist if reasonable people think it is harassing.
Usually, you would need to show intimidating or offensive behavior. Often a lawyer can help victims understand when the employer legally crossed the line.
Understanding Title VII of the Civil Rights Act. Learning the Age Discrimination and Employment Act, and The American’s with Disabilities Act. They can all get used together to form a mighty sword.
When harassment creates a hostile work environment, it may violate Title VII of the Civil Rights Act of 1964. It could also break the Age Discrimination and Employment Act of 1967.
Furthermore, it may involve violations of the Americans with Disabilities Act of 1990. So it could also be harassment violating the employee’s fundamental rights.
It is harassment involving:
Much like the military, the victim of harassment in the workplace must first follow the procedures of the company. Same is true when making complaints.
Also, this is so whether or not it is to a supervisor or the human resources department. The employee should report what the issue consists of.
Some companies do not have a written policy for workplace harassment or hostile work environment. Hence, in those cases, employees should report it to immediate supervisors.
But you don’t have to report it to the person who is creating the sad situation. In this case, the employee should make their complaint to someone above the supervisor.
The employee who is a victim of workplace harassment or sexual harassment should request the person harassing to stop their behavior.
If this does not stop the offensive behavior, then the employee should follow the workplace complaint procedure. So this may be complaining to superior, human resources or directly to the owner.
But what if the workplace complaint procedure does not resolve the harassment or makes the hostile work environment worse?
When an employee believes they are a victim of bullying, it is important they keep a journal of the incidents that were offensive.
You should make notes of:
This can help you in two manners.
You may believe you have a clear memory of what occurred. But memories fade, along with dates, times and any witnesses to the harassment incident.
Having a written account of the events will not depend on memory recall at a stressful and emotional time. If the claim goes to court, there will be a valid, documented account that is credible to the court and jurors.
The written account of the incidents at the time they occur should be only relevant facts of the harassment or discriminatory behavior. It should not be an in-depth document that may add more than the actual event.
So this could make the written account less credible if every minor annoyance in the workplace gets documented.
But there are other forms of evidence the employee may find to help build their claim of harassment.
This could result in criminal charges getting brought against the employee. So the person working in a hostile work environment could go to jail if not careful.
Do not encourage sexual harassment in any manner.
So the jury may discount or disbelieve the allegations in the complaint. So in that case, filing a lawsuit could be counterproductive. But employees pretending they don’t realize they are getting harassed are not wise either.
Because of this, it may push the sexual harasser to increase the advances. So the employee should make it clear the behavior is unwanted each time an incident occurs.
Hostile work environments can take various forms. Hence, they can manifest as offensive pictures, harassing email, or sexual advances.
Also, this behavior may be offensive or create a hostile work environment. Such behavior may include, though is not limited to the following:
Harassment, discrimination, and offensive behavior can create a hostile work environment. So it can make an employee into a victim. When you are a target and complain, they may get no results from the company or employer.
Then they have the right to file a lawsuit against the offender and employer. Any employee can become a victim of harassment resulting in a hostile work environment. This includes both female and male employees.
Laws protect the rights of employees. These statutes and codes permit employees to file a claim against the defendants. By holding employers, accountable workplaces can be safer for all employees.
It is important for the harassed employee to follow the company’s procedures.
Employees who are harassed and then fired after filing a lawsuit against the offender and employer are protected by the law from wrongful termination.
After being fired, it is imperative to consult a wrongful termination lawyer who can assist in determining the best course of action to take.
Employees have legal rights. Included in these rights are not getting harassed in the workplace. This is true whether it is sexual advances, or racial discrimination.
Even age discrimination, disability discrimination or other behavior violates employee California and federal laws. So employees who have become a victim of harassment have the right to demand it gets stopped. And this process starts first by chiding by telling the offender.
But victims can also can file a complaint to human resources, a supervisor or owner. When offending behavior is not stopped, the employee or employees can take legal action. That’s where our experts come into play.
Ehline Law Firm are reputable attorneys. So we have experience in handling hostile work environment claims. Hence, we can help obtain the compensation the victims deserve. Our Southern California law firm and Los Angeles-based injury lawyers are experts.
We specialize in litigation and negotiations. Also, we help with wrongful termination lawsuits. Most of all, our attorneys have the dedication to protecting the rights of the victims. Also, we have a sterling reputation within the community and the courts.
Consult our lawyers if you believe you are a victim of workplace harassment. If it resulted in a hostile work environment, you must determine the best course of legal action to take. Call a hostile work environment attorney now at (213) 596-9642. You can also fill out our useful website contact form.