Posted by: daviddrexlerlaw on Aug 17, 2012
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Both federal and state laws in California that apply to sexual harassment in the workplace are clear. If a person does not consent to inappropriate or unwelcome behaviors of a hostile or sexual nature from another person or persons, the employer is responsible for ensuring such behaviors do not continue. If they do, a personal injury attorney may be necessary to protect the rights of the victim – and achieve appropriate monetary compensation for him or her.
The personal injury lawyer working on behalf of a plaintiff (also referred to as a “sexual harassment attorney”) should also be an experienced trial attorney. This is because many such cases involve a “he said/she said” or “he did/she did” situation. For example, the types of harassment that are illegal under the California Fair Employment and Housing Act (FEHA) include:
- Touching or blocking that forces physical contact, or an actual sexual assault.
- Verbal remarks that humiliate or suggest sexual interest, effectively creating a hostile work environment.
- A “quid pro quo,” which is an offer of something (such as a job promotion or raise) in exchange for something else.
It isn’t unusual for personal injury attorneys who represent sexual harassment victims in their area of practice to have almost no trial experience, but with records of settling cases in order to save them time, effort and to earn easy money. Sexual harassment and abuse is too important and serious of a situation to simply settle automatically.
Because sex abuse situations often leave no physical evidence, an experienced trial attorney in sexual harassment litigation will apply those skills to investigating what actually happened. It begins with a preliminary investigation of what took place and determining if there were patterns of behavior that other witnesses may attest to.
A sexual harassment lawyer who is also an experienced trial lawyer will know how to hire the most effective expert witnesses such as workplace psychologists to help prove the case.
Work with a sexual harassment attorney with trial experience
No one should be subject to the humiliation or hostility of sexually aggressive behavior by an employer, fellow employee, contractor or client. But with a skilled sexual harassment attorney who has trial experience, the situation can be corrected. Contact a sexual harassment lawyer to discuss your situation and the likelihood for a sexual harassment lawsuit to succeed in court.
R. Klettke is a freelance writer. He writes about personal injury and medical malpractice law and other matters of jurisprudence.
Important Advisory: This article is not intended to provide legal advice upon which you or anyone else 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.