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When does a Sexual Harassment Exists in Employment
In the advent of new millennium, so much power has been given to the media. The broadcast, print and online media dramatically spotlight any bizarre event to catch our attention. Sexual harassment in the employment sector often consist their daily headlines.
Based on the report of Equal Employment Opportunity Commission statistics (EEOC), approximately 15, 000 sexual harassment cases have been filed each year. 11% of this consists of the male populace.
To have more data about sexual harassment. Consider the following information below to help you recognize sexual harassment acts.
What are the acts that can be considered as sexual harassment?
First, an act must be offensive. For instance when an employee keep making sexual explicit jokes to another employee, it would be sexual harassment in the workplace. Nevertheless, if two employees enjoy exchanging sexual jokes at each other, it would not be a form of sexual harassment.
Second, it is demanding with the intent to take the advantage of his/her superiority over the person. Examples of these are the sexual demands associated with promotions. This could be a ground to file a sexual harassment cases.
Most sexual demands could be the basis for sexual harassment but there are exemptions. If a person accepts the offer in exchange for his/her approval, there is no claim. However, if he/she does not get the promise promotions, there is a ground for sexual harassment.
Regarding those individuals who do not get the promotion because they do not sleep with superiors, the law in California does not give them the rights to make claims.
There is no sexual harassment in the workplace when the lover gets special treatment and attention. On the other hand, if the boss made sexual demands to them, they refuse causing the promotion, and benefits be given to the person who accepted the offer, they could make claim.
Third, verbal or physical assaults are not the only basis for sexual harassment in the workplace. You could either use pictures, touching, unwanted request for a date and leering as basis for sexual harassment.
Sexual harassment in the employment happens not only to those people of the opposite sexes, it could be between the same sexes as well. It can be inflicted by a woman or man to each other.
Damages resolvable in sexual harassment in the workplace
Sexual harassment victims resolvable damages differ greatly between California and Federal law.
California and Federal law gives recovery for the following damages:
" Lost wages " Future loss of wages " Emotional distress, " Punitive damages " Attorneys fee
Federal Title VII Law did not give restriction for an employee to obtain everything they can recover under Californian Law.
There are differences on the recovery of the damages. For example in Federal law, an employee can approximately recover more than $300,000.00 in sexual harassment lawsuit based on the damages factors above.
In California law, the amount the employee will get from sexual harassment is technically unlimited, giving them an impression as employee friendly.
Recommendation Finally, if an employee happens to be sexually harassed, it is advisable to hire an expert attorney fro proper legal advice and assistance in filing proper charges against the harasser. An employment attorney specializing in sexual cases can let a victim obtain justice and suitable compensations.
To know more about sexual harassment cases, you can visit the nearest sexual harassment attorney and ask them about the receivable amount intended for you.
Our employment attorneys are well adept in handling lawsuits resulting from sexual harassment and other cases such as Labor Law violations. For expert legal advice and representation, log on to our website and contact our law office.
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