Last updated 2 months ago
It can be difficult to know which types of behavior or statements constitute discrimination or are otherwise crossing the line. Often, employees must trust their gut reactions and consult a discrimination lawyer to explore the issue. As a general rule of thumb, any time your boss makes statements or behaves in a manner that makes you uncomfortable, he or she could be crossing the line.
Disclosing Salary Information
It is inappropriate for your boss to disclose information about your salary to your coworkers, supervisors, or other colleagues. This information should remain confidential. If your boss has made remarks such as “Why do we pay you so much?” where other employees can hear, it’s time to consult a discrimination lawyer.
It’s only natural that employees will make mistakes from time to time. Your boss should discuss them with you in private, never in front of other employees. If your boss publicly reprimands you in front of your colleagues, he or she is crossing the line.
Setting Unreasonable Expectations
It can be challenging to know when your boss is setting unreasonable expectations. In general, reasonable expectations are those that are communicated clearly, are in line with your job description, and have reasonable deadlines. If your boss is setting unreasonable expectations, it could be a form of discrimination and an attempt to convince you to resign.
Making Inappropriate Remarks
Your boss should never make inappropriate remarks to you, such as those of a sexual or suggestive nature. Consult a discrimination lawyer as soon as possible if you have been the subject of crude jokes or if your boss has suggested a sexual relationship with you.
If you’re unsure of whether your boss has engaged in discriminatory or otherwise inappropriate behavior, let the discrimination lawyers of the Advocacy Center for Employment Law help. We’ll investigate the issue to determine if your boss has participated in discrimination and help you explore your legal options. Call our San Jose office today at (408) 600-1972.
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 3 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.