Sexual harassment is a significant problem in the workplace, affecting millions of employees every year. It can take many forms, from verbal abuse and unwanted physical contact to quid pro quo demands and unfair treatment. This blog post will discuss proving sexual harassment, as well as give a brief explanation of sexual harassment. Victims of sexual harassment often feel ashamed, confused, and powerless, but it is crucial to know that they have legal rights and protections. With the right lawyer in Brooklyn, you can take action against your harasser and hold them accountable for their unlawful conduct.
What is Sexual Harassment?
Sexual harassment refers to any unwanted sexual attention or behavior that creates a hostile or offensive work environment. It includes verbal, physical, and visual conduct that is sexually explicit or suggestive and interferes with an individual’s job performance or creates an intimidating, hostile, or offensive work environment. Sexual harassment can occur between coworkers, supervisors and subordinates, or other individuals who come into contact with the workplace, such as clients and customers.
Types of Sexual Harassment
There are two main types of sexual harassment: quid pro quo harassment and hostile work environment harassment. Quid pro quo harassment involves a supervisor or employer offering employment benefits, such as a promotion or raise, in exchange for sexual favors or punishes an employee who rejects their advances. Hostile work environment harassment involves a situation in which an employer subjects an employee to frequent and pervasive sexual comments, jokes, and other unwanted conduct that makes it difficult or impossible to perform their job duties.
Proving Sexual Harassment in Court
Proving sexual harassment in court can be challenging, but it is possible with the help of an experienced lawyer in Brooklyn. To pursue a sexual harassment claim, you must demonstrate that the conduct was severe, pervasive, offensive, and unwelcome. You also need to show that the harassment affected your job performance, job prospects or created a hostile work environment. Documenting evidence, such as emails, messages, videos, and witnesses, can support your claim.
Common Misconceptions about Sexual Harassment
There are many common misconceptions about sexual harassment that can prevent victims from coming forward or taking legal action. For example, many people believe that sexual harassment only happens to women or only involves physical touching. In reality, sexual harassment can happen to anyone and can involve a wide range of behavior. Another common misconception is that victims must report harassment immediately after it happens. Still, the reality is that they may need time to process what happened and decide on an appropriate course of action.
Employer Responsibilities for Preventing and Responding to Complaints of Sexual Harassment
Employers have a legal duty to take steps to prevent and respond to sexual harassment in the workplace. This can include establishing clear policies and procedures for reporting and handling complaints, conducting regular training for employees and supervisors, and promptly investigating any allegations of sexual harassment. Failure to take action can result in legal action against the employer.
The Importance of Documenting Evidence of Sexual Harassment
Documentation is critical in proving sexual harassment in court. Keep a written record of the incident, including the date, time, and location. Save emails, messages, and other relevant communications. If there are witnesses, ask them to provide a written statement or testify on your behalf. Your lawyers in Brooklyn will use this evidence to build a strong case and seek compensation on your behalf.
Let us Help With Proving Sexual Harassment
If you have been a victim of sexual harassment in the workplace, you deserve justice and compensation for your damages. Choosing the right lawyer in Brooklyn can make all the difference in the outcome of your case. At Bonina & Bonina, we have an experienced team of attorneys who specialize in representing victims of sexual harassment. We have the skills, knowledge, and resources to build a compelling case and fight for your legal rights. Contact us today for a free consultation. Also, to learn more about sexual harassment discrimination, check out this article from the Equal Employment Opportunity Commission.