Does My Case Qualify?
Title VII extends the most amount of protection in cases where the type of harm is documented. For example, a wrongful firing of an employee who complains of sexual harassment will have more standing than a case where an isolated offense occurred. The duration of the harassment and the outcome of the events can affect the way the case plays out in court. When the employee lost significant advancement opportunities as a result of the sexual harassment, the Title VII protections become more applicable.
Defining Sexual Harassment
Sexual harassment includes a variety of actions that have an unwanted characteristic. The victim is often in a position of less power than the perpetrator, and this helps to define the relationship dynamic between the two. The harassment often has a repetitious quality, which makes the victim feel unable to stop it. It might include verbal, physical and psychological abuse that targets the sexuality of the victim. The unwanted quality of the sexual harassment and the outcome of causing harm are critical to building a case.
Legal assistance is necessary in sexual harassment cases. The perpetrator of the sexual harassment is often in a position of authority over the victim, and this can make it difficult to know how to proceed. Victims are often required to go through existing channels first. This might include telling the perpetrator to cease the behavior.
A formal complaint might be necessary if the harassment continues. In addition, the business is exempt from Title VII if there are fewer than 15 employees. However, state and local laws still offer protections against harassment if you work in a small company. Our sexual harassment lawyers can help you to navigate this process and build a strong case that can prevail in a court of law.
EEOC and Federal Sexual Harassment Laws
Federal law requires plaintiffs to first file a complaint with the Equal Employment Opportunity Commission, or EEOC. However, you can pursue discrimination and sexual harassment charges against the employer under city and state laws without filing the EEOC complaint.
The Title VII laws also make it illegal for employers to engage in retaliation as a result of a sexual harassment complaint. You have the right to inform your human relations, or HR, department about the harassment. The employer will violate the law by interfering with an investigation, failing to cooperate or conducting other unlawful activities in retaliation. Working with an experienced sexual harassment law firm can help you to navigate the complexities of the legal system.
Contact Our Law Firm
The lawyers at Leeds Brown Law are dedicated legal professionals who are fully committed to protecting your rights under the law. Sexual harassment laws can be leveraged at the federal level in some cases, but you still have recourse to state and local laws if the federal code is non-applicable in your case. Our experienced team can help you to take the most appropriate actions that will strengthen your legal standing and help you to win justice in the courts. Make sure that you know your rights and responsibilities. Contact our firm today to make an appointment for a legal consultation.