as a lawyer how can i protect my client who committed sexual harassment

What would you do if a customer is sexually harrassing you?

What is something you can do if you witness someone sexually harassing someone?

What actions should you take if you are being sexually harassed?

What can you do to prevent sexual assault in your company?

What are the 3 types of harassment?

How do you overcome harassment?

We Help Victims of Sexual Harassment

Recent high-profile sex harassment scandals (Roger Ailes, Harvey Weinstein, Bill Cosby, Bill O’Reilly, etc.) highlight the unacceptable fact that sexual harassment in the workplace is prevalent.

Get the Compensation You Deserve

Victims of sex harassment can recover a broad array of damages, including emotional distress damages and punitive damages.

Get Top-Notch Legal Representation for Your Harassment Case

Hiring a proven and effective advocate is critical to obtaining the maximum recovery in a sexual harassment case. Eric Bachman, Chair of the Firm’s Discrimination Practice, has substantial experience litigating precedent-setting individual and class action discrimination cases.

What is sexual harassment?

Sexual harassment is any unwelcome sexual advance, oral or physical conduct of a sexual nature, or gender-based comments or actions that create an offensive or hostile work environment.

What is a hostile environment?

A workplace that is rife with offensive visuals (such as "girlie" posters or vulgar cartoons), comments (dirty jokes, sexual innuendo, or "compliments" about female employees' bodies) or conduct (nudity, simulation of sex acts) can also create a "hostile environment" under sexual harassment law.

What happens if a supervisor harasses a subordinate?

When a supervisor harasses a subordinate, the employer is usually liable for the harassment, even if the employer had no knowledge of the harassment or opportunity to stop it. But, where a coworker harasses a peer (that is, someone not subordinate to the harasser), you do have to show that the employer was notified about the harassment. The reason is that the employer must be notified of the harassment and given a chance to address it appropriately before they will be held responsible for it. This means that the target of the harassment must report the conduct to a supervisor, manager, officer, or other managerial level employee in order to hold the employer liable for sexual harassment.

How to report harassment to your employer?

In addition to helping you prepare to report harassment, an employment lawyer will advise you as to other steps to take to protect yourself. These steps may include: 1 Documenting the harassment and all discussions about it with your employer 2 Preparing you to deal with the harasser if the harassment continues 3 Advising you about how to report future harassment to your employer, and 4 Monitoring your employer's response to your complaint to make sure your employer does not retaliate against you.

What can an employment lawyer do to challenge sexual harassment?

These include filing a charge of discrimination against your employer with your state's antidiscrimination agency or with the federal Equal Employment Opportunity Commission (EEOC). And, the lawyer can talk to you about the advantages and disadvantages of doing so, as well as the pros and cons of filing a laws uit against your employer if you are dissatisfied with its response to your complaint of sexual harassment.

What is sexual harassment?

Sexual harassment is any unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature that creates a hostile or offensive work environment. Not every offensive comment will qualify as sexual harassment as the law defines it.

What to do if you think you are being sexually harassed?

If you're confronted with conduct that you think might be sexual harassment, it's a good idea to speak to a lawyer as soon as possible in order to figure out whether the conduct fits the legal definition or harassment.

Can employers retaliate against sexual harassment?

Employers are prohibited by law from retaliating against employees who report sexual harassment. Retaliation can take many forms and is not limited to disciplinary write-ups or termination (although those actions certainly may be retaliation). For example, if your managers remove you from desirable projects or exclude you from meetings, events, or even social outings after you report harassment, a lawyer can analyze these actions to see if they are retaliatory.

What Is Sexual Harassment?

Before we discuss your responsibilities as an employer, let’s first define sexual harassment in the workplace.

2. Sexual Images

More people visit pornographic websites every day than Netflix, Amazon, and Twitter combined.

3. Electronic Harassment

In today’s age, it’s easy to send messages and files to anyone electronically.

4. Unwelcome Personal Attention

If someone shows your employee inappropriate attention at work, it’s sexual harassment.

5. Physical Advances

The next step in harassment is crossing the line from words to actions.

7. Comments About Gender or Sexual Preferences

We live in a society where everyone has equal rights, regardless of their lifestyle.

What to Do If Your Employee Is Being Sexually Harassed

You’re in the office one day when an employee asks to speak with you privately. To your surprise, they complain about inappropriate behavior from a co-worker or a supervisor.

What is the #MeToo movement?

Sexual harassment became a leading topic throughout America as many business leaders and organizations were exposed. With awareness of sexual harassment at an all-time high, employers have an affirmative duty to take reasonable steps to prevent and prepare for a potential sexual harassment claim in the workplace.

Can you take all the preventative measures to get a sexual harassment complaint?

You may take all the proper preventative measures, yet still receive a sexual harassment complaint. There is no need to panic, but it is imperative to take appropriate action to ensure the rest of the process runs smoothly and properly. Managers and supervisors must take all accusations seriously.

How long does it take to file a sexual harassment complaint?

Although the specific information is confidential, the EEOC must notify the employer of the claim within 10 days of the filing date. After a complaint is filed, managers and supervisors must deal swiftly ...

Where should an interview be conducted?

Interviews should be conducted at a specified private location. Conducting a thorough investigation for a sexual harassment claim allows protection of your organization and all parties involved. A proper interview process will include: Creating a list of everyone involved, including any witnesses.

What is appropriate discipline?

Appropriate discipline will help prevent future harassment and retaliation. Possible forms of discipline range from verbal and written warnings, to termination, to lawsuits. In some cases, however, the employer may be held liable.

Who is responsible for sexual harassment?

In some cases, however, the employer may be held liable. There are various circumstances where managers, supervisors, and organizations can be held responsible for sexual harassment. These include: When the supervisor or manager commits sexual harassment.

When closing out an investigation, is it important to analyze your data?

When closing out an investigation, it is important to analyze your data, conclude your case and continue to follow up with all parties. All parties should feel safe and comfortable at work, so keep an eye out for future misconduct or retaliation. All employees should be educated on sexual harassment policies and procedures to avoid sexual harassment in the future.