Federal Law – Title VII – and the Louisiana
Anti-Discrimination statute grant protection to people in New Orleans, LA who
complain about sexual harassment. The term is used for referring to certain
types of gender discrimination at the workplace. Misbehavior's like unwelcome
sexual advances, attempts to gain sexual favors, and verbal/physical misconduct
of a sexual nature constitute sexual harassment.
Facts revealed by 2015 Cosmopolitan survey
Sexual harassment at workplaces is more common than what many
think. As a survey conducted by Cosmopolitan
in 2015 revealed, one out of every three women between the age of 18 and 34
complained of sexual harassment at the workplace. According to the same report,
7 out of 10 women reporting of sexual harassment didn't actually file a complaint.
Common types of harassment
Courts often use the terms 'hostile environment' and 'quid
pro quo' for common types of harassment. Hostile environment is a situation
wherein sexual harassment is the outcome of an unreasonable interference in the
daily work routine of an employee and creates a sort of intimidating
environment for them. Sexual jokes, comments, and display of sexual literature
in office are examples of such misbehavior.
Quid pro quo refers to sexual conduct related to granting or
denial of benefits like out-of-turn promotion, big appraisal etc. These are the
cases wherein the harasser relies on their actual or apparent authority to let
it affect the behavior of an employee and gain sexual favors. Such a predatory
behavior could be explicit or implicit.
Coercing is harassment
No employee is expected to grant sexual favor in return for a
promotion or an appraisal. If someone has tried to coerce you, it is sexual
harassment. The court takes into account whether the employee did complain
about this and how the employer responded. Legal advice is important for both
employers and employees in a sexual harassment case.
Employers seeking legal support
Most law firms work with employers as well as employees in
sexual harassment cases. They'll work with employers to set up policies and
procedures to prevent sexual harassment, and to respond to complaints in a
manner that minimizes the potential liability of a company. It is important to
have the right policies and procedures in place to greatly reduce the liability
of a company in case someone in their staff is accused of misconduct. It is
good if employees seek legal help early on before a complaint is filed, but
they should definitely do this prior to responding to a complaint. There are
situations wherein relatively minor complaints turn into major lawsuits because
of a lopsided response to complaints.
Employees requiring assistance
Employees facing sexual harassment require the most
extensive counseling possible regarding their options and the possible outcomes
of a lawsuit. It is for an attorney to advise them how they can protect their
interests. Every victim of harassment has different goals and personal
considerations; so, an advice that is good for one party may not be necessarily
right for another.
Some cases may get settled outside the court, while some may
eventually end with a court verdict. You never know how a lawsuit would
eventually conclude. The least you can do is hire a knowledgeable sexualharassment attorney in New Orleans, LA and seek the best legal assistance you
can get.
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