Workplace Harassment Lawyer For Employee Rights

Workplace Harassment Lawyer For Employee Rights

When an employee experiences harassment at work, they have certain non-negotiable civil rights. They don’t have to put up with sexual harassment, or discrimination based on race, religion, sex, national origin, age or disability.

Federal and state laws protect employees against hostile workplace environments, allowing them to file harassment claims in court. A worker should consider working with a workplace harassment lawyer as soon as possible.

Reporting the Harassment

Harassment can be extremely distressing for any employee, regardless of where it occurs. But, it can be especially harmful for people in a minority group who face discrimination in the workplace every day. This can include being harassed due to their skin color, religion, gender, age or national origin. This is a violation of federal and state employment law. Harassment must be reported to a supervisor or Human Resources as soon as possible. This is the only way to ensure the problem will be addressed in a timely manner. It also enables HR to document the incidents, which will be important later on.

Workplace harassment laws prohibit unwelcome behavior that is based on an individual’s race, gender, religion, national origin, sex, marital status, disability or genetic information and that creates an intimidating or hostile work environment for the victim. This type of behavior can come in the form of sexual harassment, verbal abuse, offensive images or posters, and more.

If the behavior continues, an employee can report it to their employer and, if the situation is severe, file a formal complaint with the local state agency or the EEOC. They will then investigate the matter and determine if it warrants legal action.

Filing a Claim

If the harassment is a matter of sex, race, religion, age, national origin, disability, or genetic information, then the individual can file a charge with the federal Equal Employment Opportunity Commission (EEOC). Each state also has an agency that handles such claims. These agencies usually investigate the complaint, interview witnesses, review documents, and keep you apprised of developments in your case. However, this process can take anywhere from a couple of months to two years. While the investigation is underway, continue to document the incidents of harassment and retaliation.

It is also helpful to try to resolve the issue informally with the wrongdoer. It is important to remember that in order for the alleged conduct to rise to the level of a hostile work environment, it must be severe enough to create a working environment that is intimidating or offensive. Petty slights and annoyances generally do not rise to this level.

Discussing the matter with the harasser can help get them to stop their behavior and can serve as documentation in the event you need to bring a legal action. However, if you are not successful in bringing the harassment to an end, then it is necessary to file an administrative charge with an agency.

Appeals in Court

If your employer fails to respond to a workplace harassment complaint or retaliates against you for filing a claim, you may have grounds for a lawsuit. An experienced lawyer for employee rights can help you determine the strength of your case and what sort of compensation you might be entitled to receive.

Harassment in the workplace can take many forms. For example, sexual harassment could involve unwelcome advances or requests for sexual favors from a coworker or manager. It could also include unwanted touching, comments or behavior that make the work environment uncomfortable or hostile. Regardless of the nature of the harassment, it must be more than a single incident in order to qualify as unlawful. Harassment may also be based on an individual’s race, ethnic background, national origin, religion, sex (including pregnancy), age or disability.

It is also illegal to harass someone based on their gender, a perception of their sex or because of the person’s gender identity. In addition, New York law protects individuals from discrimination based on an individual’s color or country of birth, their gender expression or sexual orientation, their genetic information, their membership in a protected class and more.

Moreover, discriminatory harassment can lead to a hostile work environment and, therefore, an individual can file a civil suit for constructive termination. A successful claim can result in compensatory and punitive damages, including back pay, front pay, benefits, attorney fees and more.

In general, it is easier to prove racial or religious harassment than sexual harassment or workplace bullying. However, even if you have proof of these types of incidents, the process can still be difficult.

Representation in Court

Harassment in the workplace is illegal and can lead to serious legal consequences for those who experience it. If you are the victim of harassment, it is important to have a lawyer in your corner who can help protect your rights and fight for the compensation you deserve. A workplace harassment attorney can help you with issues involving sexual harassment, discrimination, retaliation and other labor violations.

The law defines workplace harassment as unwanted or offensive behavior that creates an intimidating or hostile work environment based on protected traits such as race, sex, age, religion and disability. The behavior can be physical or verbal and can be perpetrated by a manager, someone who works above the victim, co-workers or even customers or non-employees. The behavior could take the form of “jokes” that are offensive, ethnic slurs, name calling, ridicule, derogatory or negative comments, physical touching, or other acts that interfere with an employee’s ability to perform their job and can cause distress, anxiety or fear.

If you believe that your employer is violating your workplace rights, you may file a complaint with the Equal Employment Opportunity Commission (EEOC) or with New York State Division of Human Rights. You may also choose to sue your employer for the violations. An experienced employment law lawyer can assist you in filing a complaint with the EEOC or NYSDHR and with preparing for a lawsuit.

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