California Lawyers > Employment Lawyer > Employment Sexual Harassment Lawyer > Sexual Harassment Lawsuit |
Sexual Harassment Lawsuit |
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Sexual harassment is harassment
that you are subjected to specifically because you are a man or a woman
or conduct of an express sexual nature. Sexual harassment lawsuit can
be devastating for almost any business. Small businesses can be ruined
even by the mention of a sexual harassment lawsuit. A court or jury
will look at the totality of the circumstances and events surrounding
your employment to determine whether or not you have legal grounds for
filing a sexual harassment lawsuit. Not every unpleasant event is
sexual harassment. Sexual harassment does not include generalized
harassment or harassment directed specifically towards you for reasons
other then your sex. The law does not require your boss or your
co-workers to be nice to you. It is not illegal to be mean or nasty or
unfair.
A sexual harassment lawsuit can only be actionable
if it is sufficiently severe and persistent to alter the conditions of
the victim’s employment and create an abusive working
environment. The sexual harassment must have the purpose or
effect of unreasonably interfering with an individual’s work
performance or creating an intimidating, hostile, or offensive working
environment. If these elements are present there may be a claim
of sexual harassment available against the offending party and can lead
to a sexual harassment lawsuit investigation in the workplace.
Despite some unreasonable perceptions, very few
workers who bring complaints about sexual harassment on the job are
seeking big money or vengeance. Their goal, at least initially, is to
make the harassment stop and to take all practicable steps to see that
it stays stopped. It is typically only when an employer offers no fair
way to resolve the problem or at least get it fully aired that sexual
harassment complaints evolve into sexual harassment lawsuits.
Indirect costs to employer who tolerates sexual
harassment can be high. In addition, employers also risks the high
administrative costs involved in EEOC and other agency complaint
investigations, as well as the pricey possibility of a successful
sexual harassment lawsuit against the company. Harder to quantify but
perhaps most damaging can be the corruption of the company name and
losing goodwill if the charges go public.
Furthermore, since many employers hire expensive
lawyers at the first scent of legal trouble, the costs of defending a
sexual harassment lawsuit are extremely high. And of course, if the
harassed employee wins, costs to the employer will be even higher.
Several employers have been hard hit with jury verdicts ranging into
several million dollars for emotional distress, lost wages, and
wrongful discharge.
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