Sexual harassment can happen to anyone, and it can happen anywhere. One of the most common places where it happens is inside a workplace, and it usually involves an employee and his or her supervisor or managing harassing them sexually. In the state of California, a new law will take effect on the first day of 2020, and this new law aims to curb the number of sexual harassment incidents in the state.
A sexual harassment lawyer is a professional who provides his or her services to the harassment victims, and these professionals are doing their best to help the victims attain justice. Sexually-motivated harassment happens inside the workplace more often, and people are starting to fight back against those who love to propagate it.
The role of a sexual harassment attorney in achieving justice for the victims of sexually-motivated harassment
The attorneys who are assigned to work on cases involving sexually-motivated harassment should start talking to the victims and ask them about their experiences. They can immediately build a case if there is strong proof that the harassment took place. A good employment attorney would also have to step in, explaining to the victim and the perpetrator what the results of their actions would be. All sexually-motivated harassment, especially the ones happening inside the workplace, violates the Civil Rights Act that was signed in 1964, and the Fair Employment and Housing Act of the state of California.
An employment attorney would need to work with sexually-motivated harassment attorneys to investigate and study the case. They need to build strong arguments that seek to find out the truth in the end. Sexually-motivated harassment inside the workplace fall into different categories, and these are some of the examples of what actions are involved in the list.
Visual conduct, all individuals who are caught leering towards a workmate can face sexually-motivated harassment charges. In addition to leering, acts like making sexual gestures and showing someone lewd images are also punishable under the harassment law of California. Verbal conduct also plays a huge part in determining whether an individual committed sexually-motivated harassment inside the office, and it includes the expression of degrading comments, sexual remarks, racist slurs, and so much more. Describing someone using sexual slangs are also prohibited.
When there is a physical contact involved, like touching, blocking movements, and assault, the victim can file for a case and the perpetrator should be served a warrant of arrest. Sexual favors are also prohibited, and it can land someone in jail if they will continue advancing towards a workmate.
What should you do if you are being harassed sexually at the workplace?
Learn to speak up
If you are being harassed sexually inside your office, there are things that you need to do to gain justice. The first thing that you should do is to speak up. You might want to talk to your bosses about your experiences inside the office and tell them all of the details about the harassment. If you are scared to speak with your bosses, you might want to speak with an officemate you trust and tell them about what you are going through. If you have a close friend inside the office, let them know about your situation and ask them for help. Together, you can report the incident to the human resource department so that the company can take action.
Some victims of workplace harassment are too scared to speak up because their bosses are the ones taking advantage of their position. According to the West Coast Employment Lawyers, victims of sexually-motivated harassment inside the office should never feel afraid to speak up because this is how they can communicate with others about their situation. Speaking up would also give them an edge to send the person harassing them to jail.
Sometimes, the victims would never realize that they are being harassed sexually because they have a close relationship with the person doing it at their workplace. However, if you are continually experiencing harassment, even with the persons close to you, tell them that you are feeling uncomfortable and ask them to stop. If they do not stop, seek legal action. The West Coast Employment Lawyers are ready to help anyone who is being sexually harassed inside the workplace, and they have an extensive number of contacts that can help them proceed with a case that will bring the perpetrators behind bars.
Relay the incident to the right department inside the office
Companies have a protocol that they strictly follow, especially for cases that involves sexually-motivated harassment. If the perpetrator inside the office does not stop harassing you, call the specific department that can help you out and tell them the whole story. In most companies, the human resource department looks after these cases, and they usually call for a hearing to listen to both sides. After the hearing, the higher-ups would discuss the case and see what they can do for the victims. The most common sanctions for those who are harassing other people inside the workplace are suspension and termination from work. However, some victims who have experienced the worse are seeking more than that, and when they feel like the sanctions are not too heavy, they go directly to the police to report the crime.
Filing an administrative charge and involving the police
You can also work with the police if the company never resolved the issue. The government of the United States strongly condemns sexually-motivated harassment inside the office, and the police are ready to help the victims who will be asking them for assistance. If an employee feels like he or she is being harassed inside the office and the company did not intervene, they can report what is happening at the nearest police station and file administrative charges against the person who is harassing them. An investigation will be conducted by the police, and they will look for evidence. Once the pieces of evidence were gathered, the police would go ahead and serve the warrant to the person involved in the crime.
You can work with a lawyer to file a lawsuit against a company that does not cooperate. You can ask for damages through the lawsuit, and as we all know it, being a victim of sexually-motivated harassment would scar your emotional state for the rest of your life. Inside the court, a judge would hear all of the sides, and they are also the ones who would look at how much compensation should be given to the victim. If the lawyer of the victim is good enough, they might get a lot of damages from the company involved in the case.
In the state of California, the government decided to introduce a seminar program for the employees and the employers, highlighting the importance of protecting the employees inside the workplace from people who are known for harassment cases. If the company fails to protect the employees, they will be facing a lot of lawsuits from the employees, and the government would also be involved in the case and look at the possibility of filing cases against the officers that never had the chance to step in. Sexually-motivate harassment continues to become a bigger problem in American companies, and most of the victims are learning how to speak up.