Filing a sexual harassment lawsuit against your boss or a colleague will certainly strain your working relationship. Though you can still work together, it will permanently tarnish his reputation and cause unnecessary problems between the two of you.
So, before filing a sexual harassment lawsuit, you must:
- Research and make sure that the action constitutes sexual harassment. Make sure that the sexual advances, unwanted physical contact, and the offensive comments and jokes directed to you is enough to constitute sexual harassment.
- Gather evidence that will prove your claim. Audio and video recordings of the incident will further prove that you were harassed. Also, it would help if you can present witnesses to the harassment or show the company's policy on harassment.
- File a complaint as soon as possible. Don't wait and delay the filing of the harassment complaint. It would be best to file the harassment complaint as soon as it meets the components needed by the concerned department.
- Cooperate with the investigation. After filing a harassment complaint, expect that there will be an investigation to determine whether your complaints are sufficient. Cooperate with this investigation so that they will find out whether harassment really did occur.
These tips should help workers in filing harassment complaints so that they would not jeopardize their careers for allegations that are insufficient. Also, once allegations of harassment have been proven, the victim will receive back pays and the salary he lost because of the incident.
Quid pro quo vs. hostile work environment
Know that there are two types of harassment; the quid pro quo and the harassment that results to a hostile work environment.
Quid pro quo harassment is when the worker is offered salary increase and other benefits in exchange for the sexual favors he will grant the harasser.
In hostile work environment, on the other hand, the employee is threatened to be presented with unreceptive surroundings if he will not comply with the harasser's demands.
In some cases, the worker is demoted, unnecessarily transferred, and even wrongfully terminated after rejecting the sexual advances or filing a complaint against the harasser.
Why a lawyer is needed
Consulting a sexual harassment expert, Los Angeles employment lawyer will help determine whether the conduct constitutes sexual harassment or not. They will guide their clients in attaining the rightful compensation for their losses that resulted from the incident and the possible retaliation because of the complaint.