Employers Beware! Use These Sexual Harassment FAQ’s To Stop Huge Litigation Against You

Learn How To STOP business-killing lawsuits before they strike you by reading 
“The 5 Proven Ways To Stop Workplace  Harassment Lawsuits Before They Are Filed”.  Call (843) 816-4985 now to receive your FREE copy of the eBook by mentioning Promo Code “NoLawsuit4

Employers Beware! Use These Sexual Harassment  FAQ’s To Stop Huge Litigation Against You

Your best defense is using these tip-offs to spot the hidden cancer in your Hilton Head, Bluffton or Savannah, GA workplace

Linda Klingman
http://hrcoastal.com
843-816-4985

Sexual harassment is a type of sex discrimination that breaches Title VII of the Civil Rights Act of 1964. Title VII applies to employers with 15 or more employees, including state and local governments. It also involves employment agencies and to work organizations, as well as to the federal government.

Uninvited sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when this conduct clearly or implicitly affects an individual’s employment, unreasonably interferes with an individual’s job performance, or produces an aggressive, hostile, or offensive work environment.

What is considered inappropriate sexual behavior?

Sexual harassment consists of quid pro quo harassment or a hostile or offensive work environment. Sexual harassment is any kind of sexual conduct that is uninvited and/or inappropriate for the work place. Sexual harassment can take many forms: verbal harassment, including inappropriatesexual jokes, visual harassment, drawings, emails, physical harassment, and sexual favors.In addition, it comes in the form of sexual advances, confrontation with sexual demands (quid pr quo sexual harassment).

Exactly who can be held accountable if I am the victim of sexual harassment at the office?

Both the employer and employees will be heldaccountable for sexual harassment.

What is the definition of quid pro quo sexual harassment?

Quid pro quo sexual harassment takes place when a manager or someone with authority over your job demands sexual favors from you in exchange for a raise or some other benefit, including maintaining your employment. The request for sexual favors can be a direct question like;”If you have sex with me, I will give you a raise or higher position in the company,” or it can be implied from a physical contact such as touching or fondling.

What must I verify to win in a cause of action for quid pro quo sexual harassment?

You need to show that a boss or someone with authority over your job, retention of your work, a job advantage (more money or some other unique benefit), on your acceptance of sexual conduct. You have to show that the harasser is someone with authority who can affect conditions of your employment. You also have to prove that the sexual behavior was undesirable.

What To do If I believe I am the target of sexual harassment?

If you do not complain to the employer, the employer can successfully stand up for itself from responsibility by arguing that it was not knowledgeable about the problem, and therefore was unable to remedy the problem. If the problem is not remedied, you may wish to talk to an attorney for advice on how to file an official grievance with the correct federal or state or city agency. You may still want to speak with an attorney before you file the complaint with the company to ensure that it is communicated appropriately.

Keep a report of the occasions surrounding the sexual harassment, include the date, time, place, and who was present. Your notes may become very important in litigating the case, but bear in mind that these notes may be required to be turned over to the employer during the discovery phase of litigation. Check the company’s employee handbook, if one exists, to determine if the company has a procedure for handling sexual harassment complaints. If the company has a procedure for filing a sexual harassment complaint you must comply with it.

 Need help to stop these menaces?

Call Linda Klingman, HR Expert
843-816-4985

How can I validate that the sexual conduct was uninvited?

The sexual conduct must be unwelcome. You may show that the conduct was unwelcome by showing that you: explicitly rejected his/her sexual advances; you endured emotional distress; your work performance deteriorated; you avoided the harasser; you told friends and/or family members of the harassment; and you told a company representative of the harassment. Each case is different and your case may or may not include some of these examples.

What must I present in order to recover damages for a hostile work environment?

You must show that the undesirable sexual behavior was so severe and pervasive that it “affected your conditions of employment by creating an unfit and psychologically abusive work environment.” The employer can be held liable if he/she knew or should have known of the harassment and failed to take prompt restorative steps to stop the harassment.

How can I prove that the harassing behavior was serious or pervasive enough to alter the working conditions and create an abusive environment?

The objective standard is met if a Court determines that a “reasonable person in your position” would have considered the conduct severe or pervasive. Under the subjective standard, you must have actually found the conduct sufficiently severe or pervasive to interfere with your work environment.

What types of damages can I get back if I am successful in illustrating sexual harassment?

A Court may order the company to: stop the harassment; pay lost wages and other job-related losses. For example, promotions, or favorable work status you lost because of the sexual harassment; pay compensation for physical, mental and emotional impairments; pay punitive damages; pay your lawyers’ fees and expenses associated with litigating your case.

 Linda Klingman is an expert Hilton Head / Bluffton, South Carolina human resource consultant.  Her practice is dedicated to advising businesses of all sizes around the potential pitfalls associated with employee relations and management procedures.  She is currently offering private complimentary consultations.

Contact her at 
HRCoastal 
Bluffton, SC
Email: lklingman@hrcoastal
Phone number: (843)816-4985

 Learn How To STOP business-killing lawsuits before they strike you by reading “The 5 Proven Ways To Stop Workplace  Harassment Lawsuits Before They Are Filed”.  Call (843) 816-4985 now to receive your FREE copy of the eBook by mentioning Promo Code “NoLawsuit45”.

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