Last updated 2 months ago
Sexual harassment in the workplace can be psychologically damaging and may interfere with your ability to do your job properly. It’s also illegal. You have the legal right to carry out your job duties without being subjected to crude remarks, unwelcome advances, or other forms of harassment. If you do experience or witness sexual harassment in your workplace, document each incident thoroughly and consult a sexual harassment lawyer promptly.
Understand Types of Sexual Harassment
It’s a good idea for all employees to learn the different forms sexual harassment can take, which enables thorough documentation. Quid pro quo sexual harassment occurs when an employer or supervisor informs an employee that sexual favors are required to keep the position. Sexual harassment can also take the form of unwelcome advances, either physical or verbal. It may be more subtle, such as when the workplace develops a hostile environment in which jokes, comments, or actions that are sexual in nature are pervasive throughout the workplace.
Maintain Detailed Records
Immediately after an incident occurs, write down every detail you can remember, such as the offender’s exact words or actions. Write down the time and date that it occurred and where the incident took place. Write down any relevant circumstances that led to the incident and make a note of any witnesses. Document whether any bystanders attempted to either quell the behavior or add to it.
Make Copies of Your Records
Make copies of these records and keep the originals. When you meet with a sexual harassment lawyer, provide him or her with the copies. You could also provide a copy to your human resources department.
The Advocacy Center for Employment Law offers aggressive representation to victims of sexual harassment. Our sexual harassment lawyers in San Jose will investigate your claim, assess the damages, and work toward a favorable resolution. Residents of the San Jose area who feel they may have been the victims of any type of illegal workplace behavior can contact us at (408) 600-1972 to schedule a consultation.
Last updated 2 months ago
Gossip in the workplace is difficult to avoid entirely. Although some gossip is innocuous, defamatory statements can be quite harmful. They can damage a person’s reputation and perhaps even result in wrongful termination. When an individual makes defamatory statements, he or she knows that the information is not truthful, but presents it as true.
When you watch this video, you’ll learn how to tell the difference between defamatory statements and gossip. You’ll also learn about the different forms defamation can take, such as being written or spoken.
If you have been wrongfully terminated because of defamatory statements, call the discrimination lawyers at the Advocacy Center for Employment Law. Residents of the San Jose area can reach our employment law office at (408) 600-1972.
Last updated 2 months ago
Sexual harassment is a serious offense. Unfortunately, some individuals may hesitate to file a sexual harassment claim because of common misconceptions. For example, it’s commonly believed that sexual harassment is a trivial problem that arises from misguided flirtation. In fact, flirting and other expressions of attraction have nothing in common with sexual harassment. Sexual harassment is indeed a serious problem that can inflict significant psychological damage and even health-related concerns.
Another common myth regarding sexual harassment is that it will typically resolve itself, particularly when the victim simply ignores it. In fact, offenders usually interpret this as a sign of encouragement and do not generally stop on their own. Furthermore, sexual harassment is a widespread problem with countless victims. If you believe you have been the victim of sexual harassment, contact a lawyer right away.
The sexual harassment lawyers of the Advocacy Center for Employment Law provide caring, personalized legal services. Residents of the San Jose area can call us at (408) 600-1972 to learn how we can help you.
Last updated 3 months ago
All companies, large and small, should have a clearly defined sexual harassment policy. These policies should spell out which types of behaviors are prohibited, how employees can file grievances, and which types of disciplinary action will be taken. After developing a sexual harassment policy for your company, you should make sure each employee receives a copy and becomes familiar with it. Mandatory staff workshops or training sessions on company policies are recommended.
Define Sexual Harassment
Employers may wish to work with sexual harassment lawyers to develop a clear and comprehensive sexual harassment policy. This policy should specifically define prohibited behaviors, such as verbal overtures like jokes, innuendos, and insults of a sexual nature. Employees should be barred from commenting about another’s sex life and pressuring others for sexual favors. Non-verbal sexual harassment behaviors include touching and staring, in addition to standing too close, making sexual gestures, and intentionally brushing up against another person. Other examples are bringing sexually degrading or suggestive materials, such as pictures, to the workplace.
Establish Procedural Steps
After defining prohibited behaviors, the sexual harassment policy should explain how employees may file a grievance. For example, employees may be advised to contact a supervisor immediately. If the supervisor is the person with whom the employee has a grievance, the supervisor of that supervisor should be contacted. All supervisors should be informed as to the next steps to take. Alternative procedural steps should be available for employees who are not comfortable discussing these matters with a supervisor.
The sexual harassment policy should definitively prohibit all sorts of retaliatory behavior against any employee who files a grievance. Examples of retaliatory behavior include being passed over for a promotion or raise and being wrongfully fired.
Detail Disciplinary Action
Lastly, the policy should define which types of disciplinary actions will be taken against the employee or supervisor who is found to have violated the sexual harassment policy.
The Advocacy Center for Employment Law connects experienced sexual harassment lawyers with employees who have encountered prohibited behaviors in the workplace. Throughout each procedural step, our legal team will maintain clear communication with you and is always available to answer your questions. You can reach our office in San Jose at (408) 600-1972.
Last updated 3 months ago
Overt and aggressive acts of discrimination are less common these days than in previous decades; however, discrimination is still pervasive throughout modern companies. It’s simply taken on a subtle, more discreet façade. Unfortunately, discrimination of any form has devastating effects on the victims, ranging from career setbacks to depression to physical health concerns. Modern forms of discrimination build a hostile atmosphere within the workplace. Potential victims of these acts should contact a discrimination lawyer to learn about their legal rights and recourse.
Workplace discrimination sometimes arises from a person’s unconscious emotions, which are often derived from stereotypes. For example, a homeless job applicant may be perceived as being a low-warmth, low-competence employee and may be passed over for hiring despite having the necessary qualifications. Likewise, a warm, personable, and approachable employee may be given a promotion despite the higher competence of an employee perceived as less personable.
In some cases, job expectations may comprise workplace discrimination. For example, a woman may be given a last-minute assignment or an impossible deadline to prove that her childcare commitments prevent her from being a “model employee.” Discriminatory expectations may be defined in a second way. A colleague or client who has only spoken with an employee on the phone may express some form of surprise when learning that the employee is of African-American descent. For example, the client may mistakenly ask, “Did you come down to bring me to see Ms. Jones?” when in fact the individual in question is indeed Ms. Jones. This question subtly implies that a person of African-American descent couldn’t perform high-ranking jobs.
Subtle discrimination can also be present in the assignment of ancillary responsibilities. For example, the only woman on a sales team might be assigned to keep meeting minutes or arrange a social gathering, even if she did not volunteer for these duties.
Since 1994, the discrimination lawyers of the Advocacy Center for Employment Law have been providing expert representation to victims of workplace discrimination. We’ll thoroughly review your case and explain your legal options. Visit our website to learn more or call our San Jose office at (408) 600-1972.