Sexual Harassment: What Employers Need to Know
Law Offices of David Drexler
Personal Injury Attorney, Birth Injury Attorney, Sexual Harassment Attorney
Your employer is responsible for any act of sexual harassment in the workplace. The wise employer takes preventive measures to ensure that sexual abuse does not occur between its employees, and stays well informed on more than just the basics. In the State of California, an employer is defined any person regularly employing five or more persons.
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The old adage that prevention is the best cure is certainly true in cases of sexual harassment. The employer who takes proactive steps to address the topic of sexual abuse in the workplace will benefit from seeing less sexual harassment claims against their company filed by a personal injury attorney who specializes in sexual abuse cases, also referred to as a “sexual harassment attorney”.
There are many ways that an employer may discourage sexual harassment in their environment. First and foremost, it must be stated clearly both verbally and in writing: (a) exactly what the definitions of sexual harassment are, (b) that the behavior of sexual harassment is illegal on both a state and federal level, and (c) that the slightest amount of sexual harassment will not be tolerated and exactly what the consequences will be. And finally, (d) educate employees about exactly how to raise a complaint about sexual harassment.
The savvy employer must know more than the basics, such as the fact that denying responsibility and/or claiming ignorance will not be seen in a favorable light. A portion of the law against sexual harassment states that the employer “may also be responsible for the acts of non-employees, with respect to sexual harassment of employees where the employer has supervisory control and) knows or should have known of the conduct and fails to take immediate and appropriate corrective action.”
Another item that employers need to beware of is how they may be held liable on more than one level when sexual harassment occurs. For example, if one employee gets a promotion over another employee due to having given sexual favors, not only is the employer liable to the employee giving sexual favors, but also to the employee who was deserving of the promotion on work merit but was denied that promotion.
Because the statute of limitations may vary according to state, don’t hesitate to contact an experienced sexual harassment attorney if your employer has not fulfilled their obligations to you as an employee and you have suffered sex harassment at your place of employment.
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.
, David Drexler Law
, Personal Injury Attorney
, Sexual Harassment Attorney