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FAQs: Sexual Harassment in the Workplace

Unwanted sexual advances and comments are something no one should ever have to deal with, especially in the workplace, but sexual harassment, as a lawyer can tell you, is all too often an unfortunate reality. If you’re coping with the effects of someone else’s unprofessional conduct, please don’t hesitate to consult with a legal professional before reporting what you’ve experienced.

Criminal Defense attorneys work with clients to seek justice for them after they’ve experienced sexual harassment in the workplace, and can help you, too. Before calling us for your initial consultation, be sure to read through the following frequently asked questions we often receive from first-time clients.

Sexual Harassment in the Workplace: Client FAQs

Can an employer retaliate against someone who reports sexual harassment?

No; your lawyer will tell you that federal law makes it unlawful for anyone to retaliate against a person who reports sexual harassment, whether it is the victim or another individual. If you were the victim of sexual harassment, know that you are legally protected from retaliation; if you appear as a witness in a coworker’s sexual harassment lawsuit, you are also protected.

Is asking a coworker for a date considered sexual harassment?

Not necessarily, but you should be aware of your workplace’s policies surrounding such behavior, particularly while at work. That said, if someone has asked you for a date and you’ve expressed disinterest, his or her repeated attempts could possibly constitute harassment, depending on how frequent and pervasive they are, and how the requests made you feel. Such behavior, if part of a larger series of actions, could also be something you add to your sexual harassment lawsuit. Be sure to ask your lawyer about its inclusion.

How should an employer proceed with a sexual harassment complaint?

Investigating and correcting are the steps your employer should take if you have filed a complaint of or reported sexual harassment. The investigation should be immediate, impartial, and thorough; your harasser should not have any control of the process. Rather, he or she should be one of the individuals interviewed, as should you or the person who reported the harassment, as well as other witnesses to the behavior.

Your employer should also take steps to make sure the harassment does not go on, such as separation or other disciplinary measures, as well as seeking to prevent retaliation. Working with an attorney is a good way to ensure your employer takes these steps; if they not occur, that too can be part of your sexual harassment lawsuit.

When is sexual harassment a criminal matter?

It depends on the state where the harassment occurred, but generally, if a physical attack, criminal sexual behavior, threats, or stalking were involved, your harasser could be subject to a criminal penalty.

Seek Committed, Caring Representation

When you need to report sexual harassment, get in touch with an attorney such as the Work Injury Lawyer West Palm Beach locals trust. We make a point of providing empathetic and experienced representation to our clients, and to do our utmost to seek justice for them.

Thanks to authors at Law Offices of Franks, Koenig & Neuwelt for their insight into Workers’ Compensation Law.



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