Sexual Harassment: A FAQ, Part 2
Law Offices of David Drexler
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Sexual abuse lawsuits, filed by a personal injury attorney who specializes in sexual harassment cases, could have serious consequences and should not be taken lightly. Settlements and verdicts have known to be large, reflecting what society views as the seriousness of the offense. That makes it vital to perform your due diligence when selecting a sexual harassment attorney.
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How do you define "sexual harassment"?
Sexual harassment is undesired visual, verbal, and/or physical sexual contact, and can be divided into two categories: 1) Quid pro quo and 2) hostile working environment. "Quid pro quo" is a Latin phrase which can be understood as "this for that", or "What for what". When an employee is expected to allow sexual harassment in return for getting hired, continued employment, promotion, in order to get a raise or to hide the improper conduct of a employee, the harassment falls into this first category. The second category, a hostile working environment is created when the undesired visual, verbal, or physical sexual contact happens on a regular basis.
Will a sexual harassment attorney take a case that does not involve harassment that happened in the workplace?
Yes. The most common kind of sexual harassment cases are in an employment setting, but there are several other business professions and social service relationships specifically named in California Civil law (section 51.9) as being liable for sexual harassment such as, but not limited to:
• Physicians and dentists
• Psychotherapists, social workers, and teachers
• Real estate agents or real estate appraisers
• Bankers and trust officers,
• Financial planners and loan officers
• Escrow loan officers and collection service agents
• Executors and trustees
• Notary public or administrator
• Landlord or property manager
• Building contractors
• And any relationship that is substantially similar to any of the above and any relationship where the plaintiff has the inability or extreme difficulty or hardship terminating the contract or relationship.
And any relationship that is substantially similar to any of the above and any relationship where the plaintiff has the inability or extreme difficulty or hardship terminating the contract or relationship.
An important client who visits our company gives me back rubs even though I have asked him to stop. I am afraid to report him because he is one of our biggest accounts.
You are legally protected in the workplace against sexual harassment not only from co-workers but also salespersons, clients, service personnel, vendors, and patients. You should immediately follow your company's grievance policy and contact a sexual harassment attorney to find out what your rights are and what the time limit is (statute of limitations) for the bringing of a claim in the state you live in.
There is a general climate of harassment and hostility towards women at my job. Can a sexual harassment attorney help with this?
Yes. Even if the offensive behavior is not directed at any one specific individual, a sexual harassment attorney will look at the facts and decide if the workplace climate meets the criteria for being severe and pervasive enough to warrant a viable sexual harassment claim.
R. Klettke is a freelance writer. He writes about personal injury and medical malpractice law and other matters of jurisprudence.
Important Advisory: This article is not intended to provide legal advice upon which you or anyone else 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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