Sexual harassment is a civil matter, although in extreme cases, these actions can escalate into sexual assault and attract more serious charges. Sexual harassment cases take various forms, though they all violate the federal and employment law and have a psychological impact on the victim. Certain issues are easy to identify. Others may require you to hire a seasoned sexual harassment lawyer to evaluate the situation and provide legal guidance.
Different Types of Sexual Harassment
Quid pro quo is when the harasser offers to exchange job opportunities, assignments and promotions for sexual favors. This behavior creates a hostile work environment for the victim. Any scenario where your response to the sexual advances of your superior can affect employment decisions is outright hostility. Be aware of sex discrimination and sexual orientation discrimination, too.
When a co-worker makes rude comments and jokes, sends you suggestive texts or uses sexual language when talking to you, this can create a hostile work environment. You must raise with management any unfair treatment that makes you feel frightened, intimidated or threatened. These situations include acts of sexual nature as well as employment discrimination.
You are a victim of sexual harassment if a co-worker touches you inappropriately. Any physical form of sexual harassment gives you the right to file criminal charges against your harasser. A competent sexual harassment attorney in Atlanta can help ensure you get the justice you deserve.
Steps to Take Following Sexual Harassment
Atlanta sexual harassment lawyers strongly recommend taking action immediately after an incident. Start by reporting the matter to your human resource department and ensure your complaint is formally recorded. Keep all records of discrimination or sexual harassment incidences because they’ll come in handy if you choose to file a sexual harassment claim.
If filing a formal complaint with your HR department does not help, file an administrative charge with the Equal Employment Opportunity Commission (EEOC). This is the government agency that enforces workplace discrimination. It can investigate your claim and work on having the legal issue resolved. If your complaint is deemed valid, yet isn’t resolved, your Atlanta sexual harassment attorney will help you obtain a Notice of Right to Sue before filing a lawsuit.
The liability of an employer for sexual harassment is still a controversial topic in court. In a limited liability partnership LLP, the employer is liable for a hostile work environment even if the supervisor creates it. When an incident is a tangible employment action, the courts will adopt the theory that the manager exercised the authority given by the company employer. This makes the company accountable for how it uses power.
Why Seek Legal Counsel
If something between you and a co-worker feels off, consult with an HKM Employment Attorneys immediately. Harassers are often incredibly manipulative. You may not even be able to pinpoint what’s bothering you. At HKM, we strive to protect the rights of our clients by mounting the most robust, smartest defense possible.
For a consultation and a brief review of your case, visit our law firm office or call us today. We represent clients from Alpharetta, Norcross, and all areas of Metro Atlanta.