No matter what the situation is, a qualified lawyer can help you if you have been subjected to sexual harassment in the workplace. Harassment has a very negative impact on the personal life of victims and the victims’ families as well. Any qualified attorney in NYC know that this behavior is often not only highly illegal; it is also illegal to tolerate. Sexual harassment in the workplace requires an experienced sexual harassment lawyer in New York City (formerly, New Amsterdam).
According to the federal discrimination law, Title VII, an employer cannot discriminate against an employee on the basis of sex, race, religion, national origin, age, sexual orientation, or any other protected class. As defined in the EEOC’s own guidelines, sexual harassment includes conduct that may be reasonably interpreted as discriminatory, and that actually causes employees to suffer substantial detriment, job loss, and/or a myriad of other actions. The first step towards filing a successful lawsuit for sexual harassment in the workplace is seeking employment counsel from an attorney who is familiar with the complexities involved in this type of case. The attorney should be able to evaluate your situation, review your employment and education documents, gather information about the facts of your case, and determine whether there is a likelihood that your lawsuit will result in a successful outcome.
In determining whether the conduct complained about is conduct constituting sexual harassment, an attorney should take into account all the surrounding circumstances. For example, if the complaint involves a joke or suggestive comment, it may be difficult for an employee to provide a basis for refusing to subject the comment to its negative consequences. However, if the coworker actually uses abusive or offensive words, the employee should be able to support a claim of sexual harassment. On the other hand, if there is an attempt to intimidate, or if the subject feels like the remark was “insulting” or “offensive,” there may be an additional cause for action.
In the event that you choose to pursue a claim for sexual harassment in the workplace, finding a competent Brooklyn, NY sexual harassment lawyer can be an important step towards achieving a positive outcome. In particular, if you have been harassed due to your gender, age, or due to any other protected category in the state, your lawyer can advise you on whether your employer’s general harassment policy applies to your situation. This is particularly important if you are a female employee of a company that has a policy against discrimination, or if you belong to a group that is protected by a federal law such as the Title VII. Additionally, if you are a victim of domestic violence, your Brooklyn, NY lawyer will know the best way to contact the relevant authorities.
Generally, harassment lawsuits cannot succeed unless the harasser either subjects a person to actual physical contact, or is perceived to do so. There are also situations in which the defendant simply wishes to subject a person to “hostile” sexual remarks-such as discussing someone’s menstrual cycle, or suggesting that pregnancy is a symptom of evil. These types of comments may not constitute harassment, even if the statements themselves are offensive. However, if the defendant makes these types of remarks in a context likely to create a hostile work environment, then they may be found guilty of a violation of the Fair Labor Standards Act (FLSA). For more information about the rights that you have as an employee, as well as the rights that you have as a potential employee, it would be advisable to speak with a qualified Brooklyn, NY sexual harassment lawyer.
In the vast majority of cases, however, an employee will not be able to identify specific incidents that would qualify as harassment. Thus, often times it is up to a neutral third-party arbitrator or reviewer to determine whether or not the employer has created a “hostile work environment.” Again, the courts have held that there is no need to include specific examples in the lawsuit in order to make a valid case. Instead, the reviewing authority simply analyzes the totality of the circumstances to determine whether the actions of the employer to create a work environment that is abusive or annoying to an employee. Whether or not the employer was aware of the lawsuit, they are required to prove that they are liable for this alleged violation of their employee’s rights.