Has your place of employment turned into a hostile work environment due to sexual harassment? Are you or your management facing sexual harassment allegations from your employees? Sexual harassment is a serious issue that requires serious action.
When this behavior exists in the workplace, it can be difficult to effectively complete the job you were hired for. This is true for both the victims of sexual harassment and those who are accused. Often, the lines between an unintentional comment and a deliberate act can be blurred and create the appearance of sexually harassing behavior. Recognizing the signs of sexual harassment and knowing what to do can, however, help navigate these difficult situations and eliminate behaviors that may create a hostile work environment. If you are involved in a situation where you are facing sexual harassment or charges of sexual harassment, an accomplished employment lawyer can be your greatest asset.
At the law firm of Maloney Law & Associates, PLLC, in Charlotte, we are committed to finding solutions to the employment law problems of employees and employers. We will approach your case as the unique legal matter it is and work hard to resolve your case in a way that makes sense for you and protects your interests. We can work to protect your job and your reputation.
Don’t let a sexual harassment case ruin your career or your business. Protect yourself and get the representation you need. Call our law firm today at 704-859-0313 or toll-free at 888-321-1955 to schedule an appointment with an experienced employment law attorney.
While some things like aggressive physical contact and sexual propositions are obvious forms of sexual harassment, others are not so easy to recognize or deter. There are many misconceptions in this area of the law. For instance, the sexual orientation of the parties does not matter; the sexual harassment by a heterosexual of a gay coworker is still sexual harassment.
In sexual harassment cases, it is important to show when the company was on notice about what was happening, and what they did or did not do in response. It is important for employers to keep all relevant documentation and conduct a timely and adequate investigation followed by appropriate actions. The accuser must be protected from further harassment and retaliation during and after the investigation.
Employers with knowledge are required to investigate even if the employee being harassed does not make a formal complaint or asks the employer not to investigate. Employers should recognize that victims of sexual harassment may be afraid to report it immediately or at all, due to threats from the harasser or fear of retaliation or termination.
One of the most critical pieces of evidence in any sexual harassment case is the testimony of the person making the allegations. This is because, in many cases, the only witnesses to the alleged harassment are the victim and the person accused of harassment. Many times, the crux of the allegation is “he said, she said.”
Other important evidence may include:
The above list is not exhaustive, but simply provides examples of different types of evidence that may be important in a sexual harassment case. It is important to remember that every sexual harassment case is different, and the most important evidence will vary depending on the facts and circumstances in a particular case. If you believe that you are a victim of sexual harassment, you should speak to an experienced attorney who can help you understand your claim and help you gather the evidence you need to build your case.
Sexual harassment can occur in a variety of circumstances. Some common situations that give rise to sexual harassment claims include:
These are just a few examples of situations that can give rise to a sexual harassment claim. If you are the victim of sexual harassment, it is crucial to speak to an experienced attorney who can help you understand your rights and options.
If you have been the victim of sexual harassment, there are a few important steps you should take:
A: Victims of workplace sexual harassment have the right to file a claim against their employer. In order to do so, a victim must be able to prove that the harassment they experienced could reasonably be considered offensive or hostile in nature. Before filing a claim, you should report the behavior to your employer so they have an opportunity to correct the behavior. If they fail to do so, this could strengthen your claim. Before filing a claim, be sure to speak with an attorney.
A: Accusations of sexual harassment can be life-changing. Working to have those charges dropped is well within reach, however. Working with your attorney, you will need to gather evidence that counters specific accusations filed in the complaint. This can be in the form of witness statements, electronic communications, video and picture evidence, or by proving the accusations are false.
A: Behavior that is thought to be sexual in nature but avoids any physical contact is considered sexual harassment. This could include specific statements or actions directed towards you by a coworker or other person considered to have authority over you. It could also include unwanted electronic communication such as text messages, pictures, emails, or electronic chat applications.
A: If the sexual assault occurs against a child, the statute of limitations is ten years if the assault is a misdemeanor. If the assault is against an adult, the statute of limitations is reduced to just two years. The timelines begin from the time the offense occurs. If you feel you are a victim of sexual assault, it is a good idea to review the details with your attorney.
Whether you are filing a claim or defending against one, you can benefit from our skills and experience. We can help you file with the EEOC to preserve your claim, or help you file a suit or defend against a suit. It may be difficult to report instances of sexual harassment as the fear of retaliation may set in. Luckily, North Carolina law protects employees from such behavior. Those who are victims of sexual harassment and those accused of sexual harassment both have the right to defend themselves. However, both parties also have a right to be free from a hostile work environment as a result of such charges. Whether you are accused, or you feel you have been a victim, Maloney Law & Associates, PLLC, is ready to protect your rights.