Should You See A Lawyer About Sexual Harassment In The Workplace?

Should You See A Lawyer About Sexual Harassment In The Workplace?

September 17, 2019 Off By Glespynorson

When you go to work, you often have to face with coworkers who make sexual innuendos towards you. You prefer not to do anything about it because you are afraid that it will hurt your career. However, it is not a wise thing to do by keeping quiet when you get bullied with sexual advances by a coworker. You need to take action by reporting it to your employer. But, before reporting it, you may want to discuss it with a sexual harassment lawyer as he can guide in the best ways to deal with the situation so that you get the compensation you deserve.


What is Sexual Harassment?

Before you can file the sexual harassment lawsuit, it must fit in the state law regarding workplace sexual harassment. According to the law, sexual harassment is any verbal or physical conduct with a sexual nature that makes you feel uncomfortable in the workplace. Besides, the conduct must be severe and frequent to fit in the definition of sexual harassment. For example, you get the same sexual harassment remark every day in the office. It can also be referred to a hostile workplace where workers make remarks about dirty jokes and sexual innuendo throughout the day.

Examples of sexual harassments are remarks on your appearance, looking at you up and down, stalking you, spreading rumours on your sex life, email and text messages that contain sexual suggestions, sexist Chicago Family Attorney comment, vulgar jokes about sex, unwanted physical contact, rape, threats on sexual advances, and displaying pornography materials. If you decide to hire a lawyer, you must be prepared that you will have to reveal some things about your own life, job, etc.

Are You Covered by the Sexual Harassment Laws

The federal laws covered employers with at least 15 or more employers. The states also have their anti-harassment laws that may cover employers with a smaller number of employees. According to the EEOC laws, the harasser can be your supervisor, a supervisor from a different department, co-worker, and client.

Sexual harassment can take place between a man or woman or two-person with the same gender. If you get harassed by your supervisor, you need to inform the employer so that he has a chance to address it. However, if the employer did not do anything about it, he can be accused of committing sexual harassment.

How Does a Harassment Lawyer Evaluate Your Case

At this point, you may be certain that you are experiencing sexual harassment at work and want to file a charge against it. However, Austin sexual harassment lawyers will have to evaluate the case first to determine whether it can be filed as a sexual harassment lawsuit. The lawyer will be asking a lot of questions to gather as many details as possible about the case.

For the charges to be filed, the conduct must be genuinely unwelcomed. This means that you should not be participating in sexual banter. He will ask you about what you respond to the sexual harasser and whether you inform the other person that he has offended you. Besides, there must also be another person standing in the same shoes who have experienced the same sexually offensive behaviour. You need to keep all evidence regarding the harassment such as emails, letters, notes, visuals, and witnesses’ names.

You can also report it to the lawyer if you suffer any damages as a result of the harassment. For example, the harasser forces you to go out on a date with him otherwise you will receive lower job pay, get demoted or lose your job. Besides, the lawyer will also evaluate you and decide whether you are a good witness. If you want to give a good impression, you must dress appropriately as you would when you are going to court.

How a Lawyer Can Help You to Protect Yourself?

The lawyer can give you advice on how to protect yourself including how to document the harassment, what to do if the person comes back to harass you again, and how to report the harassment. You may feel nervous about it when you are threatened by sexual harassment and face difficulties in thinking clear on what to do. At a time like this, the sexual harassment lawyer can be a great help in helping you to decide the right steps to take to deal with the matter.


Facing Retaliation from the Employer

Employers cannot retaliate against employees who file a report about sexual harassment. For example, the employer is not supposed to discipline the employee or exclude him from certain meetings or projects of sacking him because he reports about the sexual harassment. If you hire a lawyer, he can check in with the employer to make sure that he is taking all the required steps to assist in the investigation.

In the case of retaliation, the lawyer can advise you on how to file a discrimination charge. The discrimination charge is to be filed with the antidiscrimination agency of your state or the federal Equal Employment Opportunity Commission. He can also advise you on the benefits of filing the charges as well as disadvantages of doing so.

A good lawyer will always suggest the best route to deal with the case. It doesn’t necessarily mean having to file a lawsuit. He can guide you on reporting the case to the right human resource department. He can also work with you in writing an accurate description of the harassing conduct. This will give you confidence in providing the necessary information to the HR manager. He can also guide how to report it through your union, the EEOC or local agency.