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San Diego Sexual Harassment Lawyer
What is sexual harassment?
According to the EEOC, sexual harassment is defined as:
“Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment when submission to or rejection of this conduct explicitly or implicitly affects an individual’s employment, unreasonably interferes with an individual’s work performance or creates an intimidating, hostile or offensive work environment”.
Examples of sexual harassment in the workplace include:
- A superior implying to an employee that they must sleep with him/her to keep a job.
- An employee shows explicit photos of women to a male co-worker, making that co-worker feel uncomfortable.
- A receptionist is made to feel uncomfortable by fellow employees who regularly tell sexually explicit jokes.
- An employee in the workplace grabs and fondles a coworker against her will.
- A secretary’s coworkers belittle her and refer to her by sexist or demeaning terms.
- An employee sends emails to co-workers that contain sexually explicit language and pictures.
The examples above are some of the most common illegal workplace practices involving sexual harassment but there are many others that occur on a regular basis.
How Can an Experienced Sexual Harassment Attorney Assist Victims in Seeking Justice and Compensation?
Navigating the aftermath of workplace sexual harassment is challenging. Sharing your story can be an empowering step towards justice, but having a skilled attorney by your side is crucial in ensuring your voice is heard effectively.
Legal Guidance and Support
An experienced sexual harassment attorney provides invaluable guidance throughout the legal process. They help victims understand their rights and the legal framework surrounding harassment claims. This empowers victims to make informed decisions about their cases.
Crafting a Compelling Case
A seasoned attorney knows how to construct a compelling case. They work diligently to gather evidence, document incidents, and present them in a way that highlights the severity of the harassment. This meticulous approach often proves essential in pursuing justice and compensation.
Advocacy and Negotiation
Attorneys act as strong advocates for victims. They negotiate with opposing parties, aiming to secure fair settlements that reflect the emotional and financial impact on the victim. Their negotiation skills are crucial in reaching outcomes that might otherwise seem unattainable.
Holding Parties Accountable
Beyond compensation, experienced lawyers work tirelessly to hold harassers accountable for their unlawful actions. By taking a firm stance against offenders, they contribute to fostering safer workplaces.
A Step Towards Broader Change
Each case handled by a competent attorney not only seeks redress for the individual victim but also contributes to systemic change. By confronting harassment, they can influence workplace policies on a larger scale, making environments safer for everyone.
Understanding Employer Liability in Sexual Harassment Cases
In the realm of workplace sexual harassment, the legal standards governing employer liability are pivotal in determining the role and responsibility of employers. A landmark decision by the U.S. Supreme Court in the 1998 case Faragher v. City of Boca Raton established criteria central to these considerations.
Affirmative Defense in Sexual Harassment Cases
One significant aspect of this ruling is the introduction of a defense mechanism available to employers. This affirmative defense comes into play when no direct adverse employment action, such as demotion or termination, has been taken against the alleged victim. For an employer to successfully utilize this defense, two critical conditions must be met:
Preventive and Corrective Measures: The employer must demonstrate that it took reasonable steps to prevent and quickly address any instances of sexual harassment. This includes establishing clear policies and procedures designed to mitigate and remedy such behavior.
Employee’s Response: The employee must have unreasonably failed to use the preventive or corrective mechanisms provided by the employer to address the harassment. In essence, if the employer shows it was proactive and the employee did not engage with available resources, the employer may not be held liable.
Implications for the Victim
When employers invoke this defense, the burden shifts significantly to the victim. It becomes essential for the employee to demonstrate that they reported the harassment, that the employer’s response was inadequate or unreasonable, and that they suffered harm as a result. This shift has raised concerns about inadvertently placing blame on victims by requiring them to prove procedural engagement and resultant harm.
These legal parameters create a framework under which both employers and employees must navigate the challenging scenarios of workplace sexual harassment, emphasizing proactive employer behavior and diligent employee reporting.
Understanding Punitive Damages and Their Role in Sexual Harassment Cases
Punitive damages serve as a financial penalty imposed on defendants in legal cases, particularly when their behavior is egregious or reprehensible. Unlike compensatory damages, which aim to cover specific, documented losses experienced by the victim, punitive damages exist to punish and discourage especially harmful conduct.
In the context of sexual harassment cases, punitive damages can be instrumental in deterring similar misconduct by others. These damages are awarded when an individual’s or an organization’s actions are found to be particularly objectionable, necessitating a strong message against such behavior. For example, consider a situation where an employee suffers a violent sexual assault at work. If the employer, despite being informed, fails to take adequate measures—such as ensuring the victim’s safety by altering schedules or work environments—such negligence could lead to punitive damages.
The purpose is clear: to serve as a warning to other companies and individuals that neglecting to act responsibly in preventing and addressing sexual harassment can result in severe financial repercussions. This not only aids the victim in their pursuit of justice but also helps foster safer, more accountable work environments.
If you’ve been the victim of sexual harassment in the workplace, call us now for your free consultation. Gomez Trial Attorneys does not charge any upfront fees to handle your case. A percentage of the case settlement will be paid to us if we win your case, so there is no out of pocket expense to you. We are dedicated to helping everyday people get the compensation they deserve. Contact us now for your free consultation. for more information about sexual harassment legal topics like: what is child sexual abuse, how can you prevent sexual abuse, how sexual abuse affects the brain, and how to report sexual abuse consult the skilled sexual abuse lawyers at Gomez Trial Attorneys.
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