Workplace Harassment Law is something many people don’t know much about. There are two basic categories of harassment, hostile environment, or sexual harassment. According to the Federal Trade Commission (FTC), any person who “causes annoyance or pain or emotional distress to another individual” in the workplace must be punished.
This includes “unreasonable discrimination.” These laws have been repeatedly passed in order to protect employees from being harassed at workplace. The United States has a large number of laws prohibiting harassment in the workplace.
Workplace Harassment Lawyers
As previously stated, workplace harassment is illegal on all levels of state government. The Americans With Disabilities Act, also known as the Rehabilitation Act of 1996, is a federal law that spells out anti-discrimination policies in the workplace. This Act requires most employers to accommodate the needs of disabled workers, and allow those who are discriminated against to be compensated.
In addition, this Act encourages and protects victims of sexual harassment. In addition, there are several state level statutes that define exactly what sexual harassment is and require employers to comply with them. In California, for example, the Human Resources Agency is authorized to file a complaint against an employer if the employee is subjected to sexual harassment.
Employers’ responsibilities include having a safe and comfortable work environment.
They also should provide a friendly and non-hostile work environment. However, if an employer fails to take reasonable steps to prevent harassment or ensure a safe and non-hostile work environment, then they may be held legally liable.
In addition, it is the responsibility of the victim to seek help from competent workplace harassment lawyers in cases of possible discrimination or harassment. If you feel that you have been a victim of sexual harassment in the workplace, contact qualified and experienced workplace harassment lawyers today.
In a case where the harasser has subjected the victim to repeated and severe verbal or physical conduct directed at the victim, this is known as “severe harassment”.
In some cases, there may be additional liability if the employer created a work environment that was intimidating, dangerous or otherwise substantially harmed the plaintiff’s ability to perform his or her job.
The courts have discretion to apply different remedies in cases of severe harassment. In order for a lawsuit to be successful, the harasser must know and be able to understand the meaning of the types of claims that are available to the court.
Employment discrimination is another common claim among victims of harassment.
If you believe that you have been discriminated against for reasons related to your disability, your race, sexual orientation, religion or gender, you should contact an experienced employment lawyer to discuss your case. In addition to filing a lawsuit in federal court, you may wish to consider pursuing a claim of employment discrimination in the local community, where the offending employer is based.
Local employment discrimination lawsuits are often more difficult to prove than federal claims. However, if the complaint does contain elements indicative of discrimination, it is important to retain an employment lawyer who is familiar with local anti-discrimination laws.
If you have been harassed in the workplace, you should contact an attorney that can help you understand your legal options.
No one should be left vulnerable by civil rights abuse. If you feel you have suffered an adverse employment action, or if your company has discriminated against you, do not hesitate to contact an attorney who can assist you in making a claim for wrongful or constructive dismissal.
In most instances, you will not need to demonstrate that the employer was aware of the adverse action or that the action was taken in bad faith. The federal employment discrimination laws do not require the employer to show that the decision was made in a discriminatory manner. In order to obtain the necessary compensation, you must be able to demonstrate that you have been subjected to a work environment hostile to your right to work.