One of the most pervasive problems in the workplace is sexual discrimination or sexual harassment. The Sexual Harassment lawyers at Jaffe Glenn Law Group can help you stand up for your rights, stop the harassment as it may continue against others, and get you what you deserve. Unlike other discrimination claims under Title VII of the Civil Rights Act of 1964, which require economic harm, you can have a sexual harassment claim even if there is no economic harm, i.e., no loss of job or demotion, etc., if the worker can demonstrate that the discrimination based on sex is sufficiently "severe or pervasive" so as to create a "hostile or abusive" work environment. An analysis of these claims begins with the issue of whether the alleged conduct rises to the level of sexual harassment. If it does, the next question is when are employers liable for sexually harassing conduct. Sexual Harassment cases are very fact sensitive and require in depth investigations. Our harassment lawyers will do what it takes to gather the necessary evidence to win your case.
The attorneys at Jaffe Glenn Law Group will help you identify whether you have experienced a "tangible" employment action (quid pro quo harassment) or one in which no tangible action has been taken (abusive or hostile work environment) but the conduct unreasonably interferes with your work performance or creates an intimidating, hostile, or offensive working environment. In either case, you are entitled to work in an environment in which you are not treated in such a degrading fashion.
The law clearly states that an employer can be held liabile for sexual harassment, performed by supervisory personnel, whether the employer knew or should have known about the misconduct. The test lies in an analysis of the law of agency in determining employer liability. An employer's lack of notice does not automatically protect them from being liable for their agent's sexual harassment. In other words, the employer can't get away with turning a blind eye, thinking h will not be responsible for the harassment.
In a sexual harassment claim, the employer cannot successfully argue that the worker voluntarily accepted the harassing behavior, or that the worker was not forced to participate against his or her will. A sexual harassment claim is brought because the alleged conduct is in fact unwelcome. The question is whether the worker indicated, either verbally or through his or her actions, that the conduct was unwelcome, and not whether the worker voluntarily participated in the act. Our harassment lawyers understand these distinctions in the law and ensure that a case is presented properly to obtain a good result for their clients.
Whether the employer's conduct is sufficiently severe and pervasive so as to create a hostile work environment is a question to be answered based on all of the facts; whether the conduct impacted the employee's ability to do the assigned work; whether the conduct prevented the employee from advancing in the job; whether the conduct cause the employee to leave the job, either voluntarily or involuntarily.
Same sex allegations of sexual harassment are actionable as well. Nor does the harassing conduct need be sexually motivated. Rather, the question is whether the conduct is sex-specific so as to make it clear that the harasser is hostile to a worker of the opposite gender in the workplace. Our sexual harassment attorneys will aggressively fight on your behalf and uncover the salient facts that support your claim.
Since the basis of a claim for harassment is mainly fact specific, we will conduct several initial interviews listening to your narrative of what occurred. We work together with our clients in determining how we will be able to compile enough fats and evidence to prove the case. It is this collaborative effort between our attorneys and our clients that separates us from other law firms.
We build a relationship with our clients that allows them to freely and openly discuss circumstances that are difficult to recount and often embarrassing to explain. We believe it is critical to the preparation of your case for us to understand what you experienced. Do not allow your employer to get away with his or her harassing behavior and most likely continue the harassment of other workers, call Jaffe Glenn Law Group at (201) 687-9977.