Sexual harassment in the workplace is defined by any unwanted position that is imposed on an employee because of that person’s gender. Generally speaking, sexual harassment involves a female being subjected to one or more of the following:
· Unwelcome Sexual Advances
· Acts of gender-specific hostility
· A pervasive workplace being created that is specifically offensive to one gender
Sexual harassment laws are constantly evolving and there are many intricacies that should be considered before contacting a sexual harassment lawyer to take up your case. In some instances, an attorney may not be willing to take on your case because the sexual harassment claim may not be one that is advisable to take into our court systems. Some things you should consider before making a legal claim are:
· The response of the employer to internal complaints - a lack of reason would make a case upon the company itself reasonable
· Existing policies, procedures and training of all employees (including management) with respect to charges of harassment
Every sexual harassment case is unique and the hair-splitting and “he-said-she-said” aspects of the issue requires very special attention before a case can be made. That said there are two basic legal theories regarding sexual harassment in the workplace: quid pro quo and hostile environment.
Quid pro quo literally means “something for something”, essentially connoting that someone is forced to choose between suffering and adverse employment action. An example of this type of sexual harassment might be a boss forcing a coworker to submit to sexual demands or else be fired.
Hostile work environment refers to a claimant demonstrating the following elements in a basic claim on a company or coworker:
· That she is a member of a protected class (females)
· That she was subject to unwelcome sexual harassment
· That the harassment was based on sex
· That the harassment affected a term, condition, or privelage of employment (the conduct, in this case, must serve ase pervasive)
· That the employer knew or should have known that the harassment was taking place and failed, or did too little, to stop it - or even made matters worse
While the strength of any individual case can only be properly assessed by a qualified sexual harassment lawyer, one knows when she is experience discomfort, ridicule or harassment of any sort. If you or someone you know is experiencing sexual harassment, find your company’s sexual harassment employee handbook and seek the advice of Plaintiff’s employment lawyer, immediately.
If you are in Coeur d’Alene, Idaho, contact Beck and Poorman, Coeur d’Alene sexual harassment lawyers to get experience that you can trust.