This abuse is defined as harassment against a staff member or applicant based on the person’s sex. This includes requests for sexual favors, unwanted advances, or other verbal or physical actions of a sexual nature.
Some behaviors are less obvious involving sexual harassment, including offensive comments, but when making a claim, it requires a consistent pattern of behavior found to be harassing. Preparing for a consult with an attorney takes certain steps and requires specific evidence and documentation.
Once a consultation has been scheduled, you’ll need to list relevant questions and concerns and ensure that you have a paper trail leading up to the filing of the claim so the attorney can adequately evaluate the case for relevancy.
Remember, there can be no repercussions for filing against an employer for a sexual harassment claim.
How To Prepare for a Sexual Harassment Consultation with an Attorney in Los Angeles
Any person, male or female, can be a victim, and they can also be the harasser.
These individuals can also be of the same gender. The harassment can occur between a manager and a staff member or a nonemployee such as a client, vendor, or customer, someone not employed with the company but works closely with them.
Some individuals can be unaware they’re being harassed or how much the problem is growing.
This is why employers provide staff and management training, and attorneys offer informative content to educate the workforce. The first step in preventing the behavior is becoming educated on what it is and how it can affect you.
False claims can devastate an individual’s reputation in the same way a genuine claim can be challenging for the victim. Knowing how things work, the rules and regulations, and how the process escalates will help those with a legitimate workplace claim.
Sexual harassment is unacceptable in every form, with the federal and most state governments enacting regulations protecting staff in companies from the behavior. These statutes make it clear it is not the employee’s role to try to stop the harassment on their own, nor do they need to accept the behavior. Learn about the abusive behavior at https://www.rainn.org/articles/sexual-harassment.
Documents/questions for the attorney
When consulting with an expert lawyer, it’s essential to have sufficient evidence and documentation to support your claim. These will primarily comprise texts, recordings, emails, a paper trail. You’ll also want to have questions and potential concerns written down.
Any questions you have pertaining to your possible fear of losing your position or potential concern over retaliation from filing a claim, any question or problem should be addressed not only to give you peace of mind but to help the attorney resolve these issues before arriving at the hearing.
Is the case strong/weak
A strong claim is based on the amount of evidence you produce and the documentation or paper trail you have when filing your claim.
You might need to collect more details to strengthen the case. That doesn’t mean you can’t have a claim with less evidence; it would just be stronger when there’s more information.
A sexual harassment lawyer assesses the defense in order to prepare the case. The defense aims to reduce the possible penalties with the potential for having the case tossed out. Their lawyers will try to prove the claims are false or that the alleged behavior wasn’t of a sexual harassment standard as stated under the law.
They will attempt to claim the proper protocol was not followed or that the EEOC investigation either didn’t find sufficient evidence or failed to find the defendant as the individual responsible for the behavior. Your attorney will know how to address these defenses using your evidence and documentation.
Dos/Don’ts for Sexual Harassment Claims
When you have a sexual harassment claim, a priority is to seek legal counsel primarily to become informed, learn your rights, and see if you have a legitimate case. The attorney will need to see a paper trail of evidence and documentation you’ve collected up to your consultation.
Many employees are unsure what to do or not do in these situations. Here are a few of the “dos and don’ts” when dealing with this abuse in the workplace.
Dos:
- Make sure to hire legal counsel. This professional will work with you to file the claim and handle each aspect of the case to ensure your rights are protected as you follow the employer’s protocol and the state and federal guidelines with the case. Click for details on why you should hire an attorney specializing in this behavior.
- Document everything, whether it’s in writing, recordings, or video. Have a paper trail. When a harasser is not held accountable for their behavior, they will continue, and it will worsen. Your attorney will help you with the type of evidence to collect for a successful claim.
Don’t:
- Avoid trying to handle a this sort of case on your own. You don’t need to. Sexual harassment lawyers specialize in this aspect of the law and can help you stop the behavior. This is an advocate on your side.
- Don’t fear walking away from the harasser or standing up against the behavior. You don’t owe them an explanation except to say this is unacceptable and say “no.” No one can force you to sit still and take it.
Final Thought
While you need to follow an employer’s protocol when enduring sexual harassment in the workplace, it’s also critical to enlist the services of an attorney specializing in this aspect of the law. The professional will advocate on your side from the time the behavior starts.
Their expertise and knowledge will ensure a case is built to stop the unlawful behavior happening in your workplace.
