Posted by: daviddrexlerlaw on Aug 17, 2012
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The legal protections against sexual abuse available to persons in the workplace are provided under federal Title VII (Equal Employment Commission, or EEOC). The Fair Employment and Housing Act (FEHA) sets forth the circumstances where an employer is responsible for protecting its employees from sexual harassment by non-employees.
An example is when a non-employee contractor, who is working on-site, engages in some form of sex harassment of an employee. If an employee reports complaints about inappropriate behavior and reasonable efforts are not implemented to put a stop to it and the inappropriate behavior persists, the employee should consult with a sexual harassment attorney.
Proving the hostile work environment case
One factor that a sexual harassment attorney for the complainant will need to address is the nature and extent of employer control: Did the employer and its supervisor know about and seek to prevent the harassment? When the harassed employee maintains a written journal of abusive and hostile incidents, as well as verbal and written complaints made to supervisors or human resources about the activity, it is much easier to prove this type of sex harassment claim.
An employee is best served by:
- Documenting repeated incidents – This is the best way to prove a pattern of pervasive harassment.
- Documenting evidence of emotional distress – This could include visits to a therapist or other evidence of emotional damage caused by the hostile work environment.
For obvious reasons, inappropriate non-employee-employer sexual interaction occurs, it is advisable to contact a qualified and experienced sexual harassment attorney.
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.