An employee can sue for severe and/or pervasive sexual harassment. Pervasive sexual harassment means the sexual harassment occurred more than one time. It may also mean there were not breaks in the sexual harassment such as two acts of sexual harassment one year and another act of sexual harassment a year later. Sexual harassment may be severe based upon the number of times it occurred as well as the actual conduct. Touching a woman on her breasts is severe sexual harassment. Asking somebody out six times, and threatening their job when they refuse the sixth time constitutes severe sexual harassment. Complimenting somebody’s new manicure may neither be severe nor sufficiently sexually targeted to constitute unwanted sexual harassment of an offensive nature. Severity may be another word for offensiveness. Sexual harassment has to be offensive.
Presuming the sexual harassment is either pervasive and/or severe the next question is who engaged in sexual harassment? Companies are not liable for sexual harassment done by a non-supervisor, non-lead, non-manager, non-owner until the company has been put on notice of the sexual harassment. Companies may have been put on notice of the sexual harasser’s conduct before it was done to the particular victim who wants to sue. Once companies are aware of the sexual harassment of a coworker they may also be liable for that coworker’s sexual harassment done after being put on notice of the sexual harassment.
After determining that a sexual harassment victim may have a case for sexual harassment the next question is whether they can find a lawyer to represent them. The Employment Lawyers Group handles all sexual harassment cases on a contingency which means they are only paid when and if money is collected from the employer. A sexual harassment victim does not have to pay anything up front in order to hire the Employment Lawyers Group who has handled more than 500 separate sexual harassment lawsuits for California employees.
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Presuming there is a case of severe and/or pervasive sexual harassment, or an employee has lost their job due to sexual harassment they reported or objected to, the sexual harassment case is only as good as the employee’s ability to find a sexual harassment lawyer. For fair value companies will not magically enter into a settlement agreement with an unrepresented sexual harassment victim. Lawyers who handle sexual harassment cases are able to value each client’s particular sexual harassment lawsuit and advise how much the case might be worth.
While most sexual harassment lawsuits can be resolved short or trial or arbitration, if that is the employee’s desire, not all sexual harassment cases settle. Few settle without the case going through litigation in either arbitration or court. An experienced sexual harassment attorney will know how to prove the case of sexual harassment both in terms of proving the acts of harassment occurred, but also how they affected the sexual harassment victim. The employee’s lawyer will attempt to prove the case both before arbitration and trial as well as during arbitration or trial should the case go that far.
Sexual harassment cases often involve claims both for the damage as a result of the sexual harassment, and damages due to the victim being unable to work. An employment attorney who regularly handles both job termination lawsuits and sexual harassment lawsuits can put together a proper lawsuit for sexual harassment and retaliation. Sexual harassment attorneys can also provide guidance about how sexual harassment should be complained about, and whether an employee should quit their job due to sexual harassment.
The Employment Lawyers Group’s sexual harassment lawyers have obtained the following results for victims of sexual harassment:
Additional jury trial wins and binding arbitration wins for sexual harassment
• Past results are neither a guarantee nor prediction of the outcome on any particular case because each case is unique to its own facts
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