Those who have suffered sexual harassment in the workplace are often so overwhelmed by the experience that they neglect to handle it correctly in terms of the law. In order to bring litigation against an employer for sexual harassment, an employee must be able to show that the employer was negligent in reprimanding other employees or managers for inappropriate behavior or that workplace advances persisted even after an employee made it known that they were not welcome.
The Case Against Hotspur Resorts Nevada Ltd.
Such was the case with a lawsuit filed against Hotspur Resorts Nevada Ltd. Three female employees of a pub owned by the company alleged workplace sexual harassment against a male employee who was later promoted to a supervisory role with direct power over them. The result of the settlement totaled $155,000 in favor of the employees. In addition, Hotspur Resorts Nevada Ltd. was forced into a three-year consent decree in which they agreed to revise their company’s policy on sexual harassment and ensure that their employees and managers were adequately educated on appropriate workplace behavior.
Three Common Mistakes Victims of Sexual Harassment Make
Sexual harassment and inappropriate behavior are never okay, but in order to successfully litigate a case in a court of law, there is a burden of proof that must be met. In the case against Hotspur Resorts Nevada Ltd., that burden was successfully met.
Victims of workplace sexual harassment are not necessarily considering the issue in terms of litigation. They simply want the behavior to stop. Nonetheless, victims of sexual harassment do have legal recourse. The question is, what actions do they need to take in order to successfully litigate a sexual harassment claim?
- Telling the harasser to stop. The first course of action is often the most difficult. It is going to be hard for someone to confront the person who is doing the harassing directly. In order to prove a case in a Nevada court, a victim of sexual harassment must be able to show that the sexual overtures are unwanted. This can include a written letter to the harasser and the HR department. In addition, the employee must make sure that the company is taking action to remedy the situation. If they are not, the company should be held liable for allowing a hostile work environment to flourish.
- Written documentation. Human memory tends to be faulty. Keeping written accounts of the harassment while they are still fresh in the memory can help individuals when filing a claim.
- Failure to report it early. A Nevada attorney for an employer can argue that failure to report instances of sexual harassment early enough directly impacted future instances of harassment. This is called an “avoidable consequences” defense. This can effectively turn the blame on the victim for not reporting the sexual harassment early enough.
Have You Been the Victim of Sexual Harassment?
If so, it is wise to get a lawyer involved in the process as early as possible. The Las Vegas law offices of HKM Employment Law have handled countless claims of workplace sexual harassment ensuring fair settlements and restitution for victims. If you believe that you have a case against your employer, please give us a call at 702-625-3893.
