When to Hire a Hostile Work Environment Attorney

By Dietrich E -

Every day thousands of people show up for a job they hate. Is it because the work is knuckle-scrapingly hard? No. Is it because the job is mind numbingly boring? No. It is because every day someone at that place of work makes life miserable for that employee. It makes suffering through until days’ end almost unbearable. It rears its ugly head as discrimination, be it sexual, racial, ageism or religious. It’s a boss who sexually harasses an employee or someone who chronically tells lewd, unwelcome jokes in the workplace. It’s a fellow employee in the next cubicle who gossips, bullies, sabotages or belittles the accomplishments of his neighbor and the boss who allows such behavior.

What these people are experiencing is a Hostile Work Environment and the U.S. Government passed laws like Title VII of the Civil Rights Act of 1964, Age Discrimination in Employment Act of1967, and The Americans with Disabilities Act of 1990 to prevent such things.

In America, we have the inalienable right to the pursuit of happiness. We have the right to work a job without being made to suffer to do it. While women have long found themselves the focus of unwanted or unwelcome attention such as this in the workplace, they are not alone suffering this kind of humiliation in Hostile Work Environments. But with the sexual revolution of the 60′s and 70′s, as more women found their way into the workplace, they were the first to bring the problem of Sexual Harassment and Hostile Work Environment to the attention of the courts. With the awareness in the last two decades of the ramifications of bullying and incidents that inspired phrases like ‘going postal’, it would seem that this kind of situation should be lessening in the workplace. But every day, it goes on. Every day, employees reach their limits. They are desperate to keep their jobs in a worsening economy and are forced to swallow their anger.

So what constitutes a Hostile Work Environment? The phrase covers a rather narrow term of definition, legally. Yet it defines a workplace situation where an employee cannot reasonably do his or her job because of rude or hostile or sexual behavior in the workplace specifically directed at a particular protected class of employee. Harassment can come either from a boss, supervisor or from another employee, or by the management’s failure to deal with such situations.

In other words, a boss who is generally hostile and rude to everyone may not constitute a Hostile Work Environment, but a boss who targets a specific person who belongs to one of these protected classes may, in fact, constitute a Hostile Work Environment. A boss who uses rudeness or hostility, or discrimination to force an employee to quit his or her job so that the company is not forced to pay unemployment insurance to that employee may constitute a Hostile Work Environment. A Hostile Work Environment Attorney can bring a lawsuit against management that either refuses or fails to take action against such behavior after the harassed employee goes to management for help. However, the victim’s behavior will also be taken into consideration in a lawsuit. If a victim responds with hostility of his or her own, that can nullify any lawsuit. And the harassment must be ongoing and severe.

Hostile Work Environment Attorneys say that the perpetrators in Hostile Work Environment cases count on intimidation and the desperation of these employees to keep their jobs to forestall any legal action. Some, unbelievably, cannot even conceive of this as harassment. Some 35% of all women surveyed in a 2007 study claim they have been subjected to harassment of some kind in the workplace. It’s estimated that only 5%-15% of all Hostile Work Environment cases are ever even reported. This might be partly due to the fact that management is already aware of the problems in the ranks and have chosen not to act. Whistle blowers are often the target of management’s wrath and the ostracization of that employee by others. So it seems like a vicious Catch 22.

Kenneth Wygand, a Los Angeles accountant, found himself the unwelcome target of Harassment by a boss who learned of Kenneth’s homosexuality. Kenneth became the brunt of office jokes and was intentionally left out of meetings. When he complained to a partner in the firm, he was assured that something would be done, but nothing was, and afterward, was characterized as ‘difficult.’ His supervisor continued to harangue Kenneth, pushing him to quit, rallying the other employees to ostracize him as well for fear of losing their own jobs. He was given terrible reviews and missed out on salary increases. But the boss simply defended his actions, saying that Kenneth was not performing up to standards. Out of desperation, Kenneth consulted a Hostile Work Environment Attorney and sued his former employer, and won a sizable case.

The fear of losing ones job is a powerful force. So many remain silent in the face of this destructive and debilitating behavior. But if the situation warrants, an experienced Hostile Work Environment Attorney can be your advocate where there is none in the workplace. If you feel you are a victim of a Hostile Work Environment, contact a Hostile Work Environment Attorney who specializes in workplace harassment issues who will help you get the compensation you deserve.

Dietrich Elliot is a freelance writer, teacher and retired Los Angeles Personal Injury Attorney. He writes about Personal Injury Law as it pertains to Los Angeles, the city in which he lives. You can contact Mr. Elliot by emailing him at: DietrichElliot@aol.com.

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How Employment Discrimination Lawsuit Plaintiffs Can Get Lawsuit Funding

By Paul Sherman

No-Risk Lawsuit Funding for Employment Discrimination Lawsuit Plaintiffs.

Employment discrimination lawsuit cash loan or settlement advance funding is a non-recourse cash loan provided to a plaintiff involved in an employment discrimination or workplace harassment lawsuit even before his/her lawsuit is settled or resolved.

Most of plaintiffs involved in employment discrimination or workplace harassment litigation or lawsuit do not realize that they can get lawsuit cash advance loan or settlement funding before their case settles. It is a contingent transaction in which cash loan is advanced based solely on the merits of a pending employment discrimination lawsuit. Lawsuit loan is paid back only upon successful verdict or settlement of the lawsuit. If the employment discrimination or workplace harassment lawsuit plaintiff loses case, the loan is never paid back to the lawsuit loan funding company.

What is Employment Discrimination?

In our country U.S., employment discrimination occurs whenever an employer or its representatives adversely single out employees or applicants on the basis of age, race, gender, sexual orientation, disability, religion and a variety of other reasons.

According to the U.S. Equal Employment Opportunity Commission (EEOC), employers can not discriminate against you in any aspect of employment, such as:

Hiring and firing Compensation, assignment, or classification of employees Transfer, promotion, layoff, or recall Job advertisements Recruitment Testing Use of company facilities Training and apprenticeship programs Fringe benefits Pay, retirement plans, and disability leave

The EEOC reported that it received 82,792 job-bias charges from private-sector employment in fiscal year 2007, the highest number since 2002 and the largest annual increase (9%) since the early 1990s. The most notable increases were for race (12%), retaliation (18%), age (15%) and disability (14%) discrimination.

If an employee experience employment discrimination or workplace harassment then he/she has the right to go for a legal resolve by means of employment discrimination lawsuit or claim. Depending on the kind of discrimination, the lawsuit will be called as followings:

1. Age Discrimination Lawsuit, 2. Racial Discrimination Lawsuit, 3. Sexual Harassment or Discrimination Lawsuit, 4. Gender or Sex Discrimination Lawsuit, 5. Sexual Orientation Discrimination Lawsuit, 6. Disability Discrimination Lawsuit, 7. Religious Discrimination Lawsuit, 8. Pregnancy Discrimination Lawsuit, 9. Workplace Harassment Lawsuit etc.

David vs. Goliath:

Mostly the legal battle between employment discrimination client plaintiffs and defendants is like a clash between David vs. Goliath. Workplace Harassment lawsuit cases are very complex to handle and to resolve and if it is against a major corporation their attorneys will be able to delay lawsuit judgment for years. Even if, law is on your side, deep-pocket defendants can buy time with legal ploys and delays, and maneuver to frustrate the plaintiffs. They exploit the cumbersome process of law.

You will agree that justice delayed is justice denied.

Most of the victims of employment discrimination may have lost their jobs. The plaintiff/victim has trouble paying his/her mortgage, rent, car payments, or other living expenses; while waiting for the settlement of the lawsuit. Many of them may be one or two payments away from foreclosures. They need cash money now.

How Employment Discrimination Lawsuit Loan or Settlement Advance Funding Helps?

Employment discrimination lawsuit settlement advance funding provides plaintiff, the cash loan so that their attorneys have more time to negotiate the best possible lawsuit settlement for their pending employment lawsuit or legal claim. By offering appropriate lawsuit cash funding or settlement loans, a reputed lawsuit funding company enable the plaintiffs to resist financial pressure to take the first low ball offer made by defendants attorneys.

Once the plaintiffs involved in employment discrimination litigation dispute get interim lawsuit funding or loan, it can be used to cover credit card debt, mortgage payments, medical bills and other living expenses. By helping plaintiff client through a difficult period, lawsuit loan funding company also give the extra time to negotiate a larger settlement.

The practical value of available cash money is at maximum, when you are in financial distress.

Employment discrimination litigation process usually causes intense financial stress and mental anxiety under the best of circumstances. It can cause lot of financial strain from lost or reduced salary or wages or tapping into cash reserves. But employment lawsuit settlement loan or funding will ease or alleviate the pressure and will make it a less tedious process. The cash advance available from a lawsuit loan will make it easier or less difficult and will contribute financial strength to reduce the economic anxiety and financial problems.

An employment discrimination or workplace harassment lawsuit cash loan or settlement advance funding allows you to leverage the expected settlement from your case to obtain the cash you need now. Lawsuit cash funding or loan eliminate the need to accept a minimal settlement amount due to personal financial pressures, and get the fair and just settlements the plaintiffs deserve.

About the Author:
Paul Sherman, The Lawsuit Money Man, is a Legal Funding Consultant. He offers free, professional, and independent advice to plaintiffs involved in employment discrimination or workplace harassment lawsuits, workers compensation claims, any type of lawsuits & attorneys to obtain Lawsuit loans. To apply for any type of Lawsuit loan funding, Workers Compensation claim funding, please visit: http://www.easylawsuitfunding.com

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Employment Practices Liability – Is Your Business at Risk For a Lawsuit?

By Russell Longcore

Employment Practices Liability Insurance (EPLI) is insurance that helps protect you against claims from your employees that result from the general conduct of your business.

Are you, the business owner, more likely to be sued by an outsider or by an employee?

The answer in most cases by a significant and growing margin…is an employee.

According to the Equal Employment Opportunity Commission, the average number of Employment Practices Liability (EPLI) cases file per year is a staggering 80,000 cases. According to a recent study, the average payout on an employee-related claim is up over 30% to approximately $180,000.

This new wave of litigation is not limited to large corporations. Mid-sized and small businesses are being devastated by EPL lawsuits. A recent case illustrates the problem.

A jury in Philadelphia decided in favor of a plaintiff who worked at a water treatment company with fifteen employees. The plaintiff was subject to national origin slurs and sued. After only deliberating for a half hour, the jury awarded the plaintiff $200,000 in back pay, $100,000 for emotional distress, and $265,000 for the plaintiff’s attorneys, for a total of $565,000.

Other crazy awards:

- A jury awarded $80.7 million to a UPS female supervisor who alleged a male supervisor poked her breast during an argument.

- A New York jury found that the NBA sexually discriminated when it failed to make a woman a regular season referee, awarding $100,000 in lost wages, and $8 million in punitive damages.

- A large P&C insurance company settled a sex discrimination class action for $157 million

- Mitsubishi settled two sexual harassment cases arising out of the same incidents for $45 million

- Publix Supermarket announced an $81 million settlement of a sexual harassment lawsuit

Here are only some of the ways that employees can file lawsuits against employers:

1. Wrongful termination of employment

2. Age discrimination

3. Failure to hire or promote

4. Breach of an implied employment contract

5. Negligent hiring or evaluation

6. Sexual or other workplace harassment

7. Retaliatory treatment

8. Infliction of emotional distress

9. Employment related misrepresentation

10. Violation of employment related laws

11. Adverse change in terms of employment

12. Wrongful reference (deprivation of career opportunity)

13. Failure to grant tenure

14. Invasion of privacy

15. Libel, slander or defamation

Businesses are being destroyed by employee lawsuits. The cost to employers includes defense costs and payment of damages. A business has to defend itself in a lawsuit whether or not there is ever a judgment awarded. It can cost thousands of dollars to simply respond to an EEOC charge without any lawsuit.

How You Can Protect Your Business

The best way to protect your business is by creating an Employee Handbook.

Take the time to create employment policies and procedures for your company. The very act of researching and writing down your procedures will enable you to evaluate how you run your business. Once you have written procedures in place and you take care to enforce those procedures, you can better defend your company against employee allegations and lawsuits.

Define hiring processes, and create checklists for the entire hiring process to make sure all laws and procedures are followed.

Define the employee disciplinary and/or termination procedures.

Once you have written the employee handbook, have your attorney review it before it is published.

Once it’s published, meet with every employee, either individually or as a group, and go over the handbook in detail. Require each employee to sign off, indicating that they have received a copy and had the Employee Handbook explained to the employee.

Then, take care to strictly enforce the employment procedures in the law and in your Employee Handbook. That also means that you must train your management team to follow the Employee Handbook procedures.

Insist on an exit interview for every employee laid off or terminated. At that interview, review all issues and have the employee sign off, saying that the issues have been explained, regardless of whether the employee agrees or not.

Finally, business should purchase Employment Practices Liability Insurance. EPLI policies typically cover claims of wrongful discharge, workplace harassment and discrimination. Key elements of coverage for an EPLI policy include defense costs for the business as well as coverage for claims and jury awards.

Now, I’d like to offer you two special reports at no cost. One is “5 Things To Do When Shopping For Car Insurance,” and the other is “5 Things To Avoid When Shopping For Car Insurance.” Each one is a $9.95 value, but free to you when you sign up for my newsletter at the website address below.

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Overcoming Summary Judgment in Sexual Harassment Cases

By Timothy Broderick

The real difficulty in summary judgment is for plaintiffs who claim pervasive sexual harassment that has created a hostile and abusive work environment. There are two keys to overcoming summary judgment in this type of case. First, the plaintiff’s declaration must include a description of the offensive events over a significant period of time. We know, for example, that incidents occurring on one day are insufficient under the pervasive criterion. Second, the plaintiff’s declaration must demonstrate that the events are sexual in nature, or at least based on a bias against the plaintiff’s gender.

For example, while sexual harassment is generally based on sexual behavior and sexual speech, the case law supports claims for sexual harassment where a boss yells more vociferously and more forcefully at members of one sex in comparison to members of the other sex.

In summary, if a plaintiff can state the basic facts in support of a claim for quid pro quo harassment or for a claim of physical violence or a threat of violence in the nature of sexual molestation, that plaintiff should be able to overcome a motion for summary judgment without too much difficulty. On the other hand, nearly every plaintiff has to be careful in setting forth the details for claims of sexual harassment based on pervasive conduct.

For claims of pervasive harassment, the plaintiff should be prepared to demonstrate repeated acts of hostility that are based on the plaintiff’s sex, and that are supported by circumstances that show the offensive activities were unwanted.

For more information about Sexual Harassment Law in California, please visit our website at http://www.sexualharasslaw.com/

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Harassment and Discrimination at Work

By Joseph Devine -

In a world where we are becoming more and more aware of what goes on behind closed doors, employees are encouraged to come forward if they experience harassment or discrimination at work. Often, new employees must sign the company’s harassment policy, and sometimes businesses provide an anti-harassment and discrimination convention. This article will explore equal opportunity policies, types of harassment and discrimination, and how to overcome these problems at work.

The U.S. Equal Employment Opportunity Commission enforces the Federal Equal Employment Opportunity Laws, which strive to create discrimination-free workplaces. When a company describes a job opening as an equal employment opportunity, or EEO, it means that the employers cannot discriminate in hiring, firing, payment, layoffs, recruitment, training, benefits, etc. A business is required by law to post a notice visible to all employees that details their rights under the EEO laws.

Under EEO laws, companies may not discriminate based on age, sex, sexual orientation, pregnancy, national origin, religion, or race, among others. Also, businesses cannot fire or refuse to hire a person if they do not speak English unless it is a qualification for their job. For example, for someone whose job does not include conducting outside business with English-speaking customers cannot be fired for not speaking English. Employers must prove that the job listed absolutely necessitates English if they are discriminating against non-English speakers.

Harassment is purposely offensive behavior towards someone based on their age, gender, sexual orientation, religion, race, or religion, among other things. Basically, if it qualifies as something that for which you can suffer discrimination, chances are that you can be harassed for it as well. Harassment can be a wide range of action. Bullying, whether physical, verbal, or nonverbal, counts as harassment. Targeted pestering is another form of offensive behavior. Stalking, antagonistic teasing, namecalling, damage to person or property, and threatening or derogatory notes all count as harassment.

Perhaps the most thought-of type of harassment is sexual harassment. Not only can the actions listed above fall under sexual harassment, but there are a number of other offensive actions as well. Indecent touching, sexual assault, rape, lewd gestures or exposure, etc., can all harm a person who suffers from sexual harassment. Although most people think of sexual harassment as something that happens only to women, men can be sexually harassed as well.

If you have been harassed or discriminated against, it can be scary to take the issue up with authorities. However, it is important that you let someone know about your difficulties before it goes too far, or before someone else suffers the same offenses as you.

For more information on EEO and other business practices, try the Business Directory today.

Joseph Devine

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Sexual Harassment – The 900lb Gorilla in the Room

By Cubie King -

Sexual harassment is yet another reason companies must immediately conduct supervisor training for staff. It is the 900lb gorilla in the room most companies would rather ignore, but it is not going away. This red hot issue must be dealt with, and the sooner the better.

An Illegal Act

The very first fact that supervisors must be taught is that sexual harassment is an illegal act punishable by law. According to the Equal Employment Opportunity Commission (EEOC), companies paid out over $50 million in 2002 along to settle cases brought by employees. And with the average payout estimated at around $750,000, this has become a road to wealth for workers across the country. The cases I’m personally privy to are shocking. Supervisors gone wild in workplaces throughout the country, often costing irreparable harm to the company’s reputation and image in the community. One thing most supervisors fail to realize is (besides being held personally liable from a monetary point of view) they can also be brought up on criminal charges as well.

The Numbers Are Staggering

It is estimated that some 15,000 charges of sexual harassment are filed with the EEOC each and every year. And that $50 million awards figure noted above does not include employees who decide to litigate instead of settle their cases. And get this more than 90 per cent of victims never file a formal complaint or file a lawsuit. If companies are paying out over $50 million (not including litigation), and 90 per cent of employees never bring the charge up, then we have a very serious problem. This really is a 90lb gorilla in the room. Companies that choose to ignore this problem, do so to their own peril.

The New Frontier

With the world of work changing rapidly, there is an upsetting trend happening in today’s workplaces. Same sex harassment is exploding in record numbers. Supervisors must be trained to spot, address, and effectively deal with this increasing problem. Some 21% of all cases filed with the EEOC yearly are same sex harassment.

Get This Training Done ASAP

Your company must immediately go on record and get clarity with workers and supervisors as to what is strictly prohibited conduct in the workplace. Explicate everything from back rubs to invading a workers space, to risqué jokes to downloading porn on the company’s computers. Companies today cannot afford to leave any stone unturned. Supervisors should know the legal ramifications of their actions and have the chance to ask questions of your policy.

The company is not a baby sitter, nor should it become the relationship police. However everyone including supervisors should understand the legal backlash that may result from their careless actions. In simple terms, supervisors should just say no to office romances because workplace fraternization today is an open invitation to give away everything they have worked for in their life, including their reputation. Companies need to conduct sexual harassment training every year at the very least, in order to keep it fresh on the mind of every employee. The strategy being to correct the harassment before it becomes a major problem.

Summary

Sexual harassment is an illegal act punishable by law, and is yet another reason companies must immediately conduct supervisor training for staff. Companies today cannot ignore this 900lb gorilla sitting in the room. Therefore, they must be proactive in providing clarity on this red hot issue.

© 2009 Cubie Davis King. All rights reserved.

Dr. Cubie Davis King, Ph.D is a Training & Performance Improvement Technologist, with a resume which includes 9 years military service, and executive positions with Xerox & CitiGroup, Dr. King has won top performance awards at every level in his storied career. He heads FIT (The Foundation for Improving Talent & Performance). His latest work is the SuperVisors Core Training 1.0 System .Dr. King is an adjunct professor at National University in San Diego, CA. To reach him go directly to Dr. King’s website http://www.goldcrowninc.com

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Dealing With Discrimination and Harassment in the Workplace

By Timothy Arends -

Discrimination and harassment in the workplace has been a frequent topic of discussion in the media. But did you know that shy people are often a frequent target of discrimination and harassment?

Shy people’s quietness, seemingly timid disposition and lack of assertiveness can make them easy targets of harassment by bored or disgruntled coworkers. Sometimes shy people have trouble making eye contact, which can be seen as a sign of weakness.

Furthermore, shy people often have more difficulty making friends and building relationships when starting a new job. Networking is more difficult for them, and fewer people will come to their defense or aid if they are unfairly criticized.

Indeed, unreasonable or unjust criticism is a frequent weapon of on-the-job harassment. There are laws against racial or sexual discrimination, but there are no laws against “shy” discrimination.

Criticism is almost universally seen as an important tool to help us improve our work performance. In many cases, it can be. But criticism can also be used as a weapon to paint someone they don’t like as an incompetent. On-the-job gossip, backbiting or ridicule can be quite brutal and can damage one’s reputation as an effective worker. As author Sidney B. Simon once wrote, “the knives of negative criticism which people stick in us are just as sharp and deadly as those made of steel and borne by assassins.”

Simon went on further to state that “our society has somehow conditioned us to accept the notion that criticism of all sorts is bound to be good for us… that the more it hurts the better it is for us.”

But the term “constructive criticism” implies an important corollary: that criticism can also be negative, unreasonable, hurtful and destructive. It can be a weapon in office politics or simply a form of gossip and backbiting towards another in order to create a false sense of self-importance or to relieve boredom.

How to you deal with such forms of harassment? It is certainly a good idea, when starting off in the new workplace, to build as many relationships and friendships with coworkers as possible immediately, something that is admittedly harder to do for shy people. It is also a good idea to learn names and job positions of all coworkers on the first day.

Many people try to grab a false sense of prestige or importance, and they can do an amazingly effective job of putting on airs and making new workers think that they have some kind of supervisory power when in reality they have none. So it is a good idea to get all these things straight as soon as possible. Remembering everyone’s name and position will also help you to make a good impression on your coworkers.

The author of this article describes many more ways to deal with difficult people effectively in his new course, “Break out of your Shell! How To Overcome Shyness So You Can Get On With Your Life!” In it, he discusses how to deal with many types of difficult people such as constant interrupters, people who go on and on and on and on, snobs, bossy coworkers, constant critics and argumentative know-it-alls.

Learn more about this breakthrough system at Shy Facts and get a FREE ebook, “How to Remember People’s Names; the Master Key to Success and Popularity.”

This article may be republished in any newsletter, ezine or website, provided this message is included.

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Dealing With Sexual Harassment

By Armen Wilson -

You can be sexually harassed or you can witness someone being sexually harassed. The way you deal with the situation is of great importance. You need to know the right steps that you should take. First of all, you must be aware that the laws prohibit the act and action should be taken to ensure that justice if practiced. You should not keep it dark.

You must be keen on the actions you take when handling harassment. You must be sure you do the right thing. The following will help you a lot.

Talk to harasser

Harassment can be deliberate or not. When you make attempts to talk to the harasser, you will be able to know whether the action was deliberate or not. You must be clear about the action that you found to be harassing. You must also be open about how you feel about the issue.

Don’t stop your life

Usually, instances of harassment are reported from workplaces or even schools or learning institutions. It is important that you never let a harassment stop your life. For instance, you should not boycott classes because you feel harassed by your teacher or lecturer.

Suppose you are harassed at work, you must not also stop coming to work. You know best why you go to work and what you want to achieve. You must not kill your life. Instead, find an appropriate way of dealing with the situation. Running away is never a solution at all.

Adequate documentation

Just in case you would need to seek legal help, it would be important to have up to date information. Sometimes it may not be possible to remember everything. You would need to be sure about what you should report. You can track all these when you have proper documentation.

All the incidents of harassment should be documented. You would need to keep track of time, date, place and the harasser. If possible, you would need to include the actions you took.

Share the experience

You have friends. Friends should help you think through a problem. You need to share with them what you are going through and hear what they have to say. It would help you make decisions.

Write to harasser

You could make note to the harasser just be sure that they understand what you feel. This should clearly indicate the date of sexual harassment, the event that harassed you, your feelings about it and your wishes. Your feelings would be like you feel harassed sexually and your wishes are that it should stop.

You would give this time to see the outcome. If after these attempts the harasser still harasses you, then legal action is required. If this was his or her way of initiating office romance, then he or she will have gotten it all wrong. You would need to ask him to find better romance ideas than harassment.

When you are getting over a break up, you may be confused. You would need to find out how to break up so that you do not end up harassing others sexually in the office or elsewhere.

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The Basics of Sexual Harassment

By Joseph Devine -

Sexual harassment is a legal term which is defined as the unwanted, unwelcome sexual advances of another person. While sexual harassment is never acceptable, it becomes an even larger problem when it occurs in the workplace or at school, and in those environments are the only places laws cover. There are many situations in which sexual harassment can occur, but the following are the most commonly reported.

Facts About Sexual Harassment

The victim does not have to be the opposite sex of the aggressor. Same-sex sexual harassment complaints are receiving more and more attention nationwide. Same-sex harassment is accepted as a valid and punishable form of harassment in the workplace.

A common misconception is that the harasser is typically the supervisor or in some way superior to the harassed. Anyone can be harassed by anyone else that they work with, regardless of their situation or station at the place of employment.The harassment must be unwelcome. A prior relationship between the aggressor and the harassed should not have taken place, or the validity of the claim may be questionable.

The victim is not necessarily the one who was harassed but could, in fact, be anyone who was affected in a negative way. Another office worker who was offended by the conduct or comments of his or her co-workers could in fact file charges against and receive restitution from their company and co-workers.

Two Legally Recognized Forms of Sexual Harassment

There are two legally recognized forms of sexual harassment, quid pro quo and hostile environment sexual harassment.

The most common is Quid Pro Quo, which roughly translated from the Latin means “something for something.” This type of harassment occurs when a persons’ acceptance or rejection of the sexual advances of another individual determines the victim’s economic advancement or job advancement. In proving this type of sexual harassment, the victim needs to demonstrate that there was a threat of economic loss due to the harassment. Putting employees in that situation not only affects those involved with the harassment, but also affects overall job morale and productivity.

Hostile environment sexual harassment happens when unwelcome sexual conduct occurs in the workplace and makes the work environment hostile and demanding. The workplace may involve sexual graffiti, repeated sexual advances or offensive language. While this type of harassment may not result in a tangible loss of job or promotion, the environment of working under this type of sexual harassment has serious implications for the employees’ mental health.

If you have been sexually harassed and would like more information concerning this crime, contact [http://www.orangecountyemployment.com/]http://www.orangecountyemployment.com for more information and to have all of your questions answered.

Joseph Devine

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Sexual Harassment In The United States

By Joseph Devine -

Sexual harassment is a form of unwanted attention that is sexual in nature.  The behaviors that compose harassment range from unwelcome comments, inappropriate sexual advances, and unacceptable physical contact.  [Read more...]