At Rizio Liberty Lipinsky, a harassment attorney views workplace harassment as a serious legal issue for employees. Many employees are harassed in the workplace but do not seek legal help because they are afraid of losing their jobs. It is illegal for an employer to fire an employee who has filed a workplace harassment lawsuit. Harassment in the workplace causes a myriad of issues for the harassed employee. A sexually harassed employee may feel embarrassed, worthless and hopeless. However, hope is available for the person who has experienced sexual harassment in the workplace. The victim is welcome to set up a free consultation with a harassment attorney at Rizio Liberty Lipinsky. The attorney will decide whether the employee has a valid harassment lawsuit against the individual who caused the harassment and the company where the person works.
A Simple Explanation of Workplace Harassment
According to the United States Department of Labor, harassment in the workplace is a serious matter. Workplace harassment refers to any person who is harassed in the workplace. Although most people are familiar with the concept of sexual harassment, the Department of Labor (DOL) defines workplace harassment to include a broad spectrum of harmful words or actions committed against workers. An employee who is harassed by another employee, a supervisor or manager because of the person’s sexual orientation, color of skin, race or religious beliefs is the victim of workplace harassment. Workplace harassment also includes harassment based on a person’s place of birth, age and whether the person has a physical or intellectual disability. Harassing a woman because she is pregnant is another form of workplace harassment. Additionally, it is illegal to harass an employee because of the individual’s parental status.
Examples of Workplace Harassment
Harassment in the workplace is a complicated matter. The law includes many incidents that employees may not recognize as forms of legal harassment. For instance, an employee who is continuously subjected to crude and vulgar jokes via a fellow employee or supervisor is the victim of workplace harassment.
Here is a list of workplace harassment examples:
1. Sexual Orientation
In today’s society, many people are no longer afraid to reveal their true sexual identities. Unfortunately, numerous individuals do not have any compassion for the employee who chooses to walk on a different sexual orientation path. It is illegal to harass an employee because of the person’s sexual orientation. Whether the employee identifies as a homosexual, bisexual or heterosexual, jokes or hurtful remarks constitute harassment in the workplace.
2. Power Harassment
A person who is in a more powerful position may require an employee to perform tasks that the employee is incapable of performing. For example, the employee may have a known disability such as a traumatic brain injury (TBI). The employer already knows that the employee has a short-term memory problem yet continues to insist that the employee performs difficult tasks without any written instructions. In addition to psychological harassment, any physical violence automatically constitutes a form of legal workplace harassment. Bullying is also a form of power harassment.
3. Sexual Harassment
Sexual harassment is not only about making unwanted physical contact with an employee. Showing explicit photographs of a sexual nature, making sexually-oriented comments or jokes or even staring at the employee with sexual implications all constitute forms of sexual harassment.
Legal Protection for Harassed Employees
In addition to federal laws, employees working in California have specific legal rights against workplace harassment incidents. The California Fair Employment and Housing Act (FEHA) prohibits any harassment in the workplace. These legal rights protect employees who file harassment lawsuits with their attorneys. An employer is not permitted to dismiss the employee or harassing the employee in an attempt to create a hostile workplace environment causing the employee to quit the job.
Steps to Take After Experiencing Workplace Harassment
1. An employee who has been harassed at work should send the supervisor or manager a written note explaining the situation in detail. The employee should make a copy of the written note in case a lawsuit occurs.
2. Ask other employees if they have been harassed in a similar manner. Write down the names of all employees who have experienced harassment in the workplace.
3. Obtain a list of witnesses who witnessed the incident or incidents. It is important to have witnesses in case the victim contacts an attorney.
Hire a Harassment Attorney Today
In most cases, California employees have a one-year statute of limitations for filing a workplace harassment lawsuit. In limited cases, the employee may have the right to get an extension. Hiring a harassment attorney is the most critical step an employee can take. Employees who are experiencing continuous forms of workplace harassment should contact an attorney right away. Contact Rizio Liberty Lipinsky today for your free consultation.
- This article should only be used for informational purposes. It does not constitute legal advice, and it does not create an attorney-client relationship with anyone. If you need legal advice, please consult an attorney in your community.
A Review of Rizio Liberty Lipinsky
Workplace Harassment Lawyer
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