Sexual Harassment: A FAQ, Part 1
Law Offices of David Drexler
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The potential legal damages that can come about as a result of sexual harassment on the job reflect the seriousness of the offense. An experienced personal injury lawyer who specializes in sexual harassment - known also as a sexual harassment attorney - will be able to file a claim on your behalf and, if necessary, take the case to trial.
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Can asking a co-worker out on a date be considered sexual harassment?
The answer is typically "no" unless after being turned down one is persistent, retaliatory, or otherwise offensive or abusive.
A same-sex co-worker is sexually harassing me. Will my claim be taken seriously?
Yes. Legislation protecting workers against sexual harassment applies equally to males and females, regardless of the sex of the victim or the harasser and regardless of the sexual orientation of the victim or the harasser.
Can I lose my job, be demoted or otherwise retaliated against for making sexual harassment charges against my boss?
It is your employer's responsibility under both state and federal law to provide a workplace that is not only safe from physical injury, but also free from the emotional trauma that can result from severe and or prolonged sexual harassment. To that end, it is illegal for an employer to retaliate in any way against an employee who truthfully reports a sexual abuse occurrence. If an employee does experience adverse consequences because they brought forth such a claim, the employee would be well within their rights to seek additional damages against that employer.
I want to sue my company over my sexual harassment case. Should I quit my job first and then sue?
No. You do not have to quit in order to file a claim. Do not wait to contact a sex harassment lawyer for advice as to what you should do.
Is sexual harassment as common today as it was in the past?
Exact numbers of incidents are difficult to discern simply because many events go unreported. Over the years there has been an effort for greater education and awareness about sexual abuse prevention starting in schools and extending into the workplace. Still, sexual harassment attorneys handle several thousands of cases every year.
Will a sexual harassment attorney usually take a sex harassment case to trial?
No. Most cases settle out of court. Oftentimes, however, it is necessary to take the case to trial. In that event, it is vital, when choosing your attorney, to select a personal injury attorney who specializes in sexual abuse cases and who has experience in the courtroom. Too many attorneys nowadays are able to make a career out of gaining settlements that benefit the attorney and not necessarily the client because they have no courtroom experience.
R. Klettke is a freelance writer. He writes about personal injury and medical malpractice law and other matters of jurisprudence.
Note: This article is not intended to provide legal advice upon which you should rely in making any decisions regarding the instituting or prosecuting of a legal claim. Laws and rules relating to the bringing of a claim vary widely from state to state. You should always contact a personal injury attorney to obtain information as to the rules and the laws pertaining to any claim you might have.
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