Tennessee Sexual Harassment Trial Lawyer's Who Produce Successful Results in The Courtroom.
If you have been subjected to sexual harassment you should immediately seek legal advice on how to handle the situation, so as to preserve your rights and learn what you need to do to help prove your case. Please consider contacting the sexual harassment attorneys at The Burkhalter Law Firm, today if you have been subjected to sexual harassment.
In sexual harassment cases, an employer's liability for sexual harassment is generally based on its failure to take prompt action to remedy the situation once it learns of the facts. Many women are afraid to report sexual harassment to their HR department because they believe they may be putting their jobs in jeopardy by making a complaint. Others, particularly those who work for smaller companies, feel they can’t report the conduct because the sexual harasser is the owner or there is no one in the company designated to investigate such claims. Sometimes a sexual assault has occurred and the victim feels helpless, embarrassed, ashamed and scared, and they don't know where to turn or what to do.
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We often receive calls from women who could have made a complaint to the company but did not do so and quit their jobs in disgust. Unless the company knew about the situation or the perpetrator is a high level executive or owner, an employee's failure to make a complaint may absolve the company of legal responsibility. This is one reason why experienced legal advice is so important in these types of cases.
There are different types of sexual harassment, and your response to each type should be measured to best protect yourself and your legal rights. One type of harassment is called quid pro quo, which literally means “this for that”. This type of harassment occurs when a supervisory person requests or demands sexual favors in return for a promotion, a pay increase, continued employment, or some other tangible employment benefit. Some females are fired when they refuse to give in to such demands, and of course, this is illegal.
Another form of harassment is a sexually hostile work environment. Most often, this occurs when coworkers engage in conduct of an overt sexual nature that is offensive and interferes with your ability to do your job. Sometimes this occurs when a woman is placed in an organization, department, or job which has traditionally been dominated by males. It can also occur when an employee or employees simply derive sexual pleasure or a sense of power by making women feel uncomfortable.
If you make a complaint of sexual harassment properly, it is against the law for your employer to retaliate against you. Retaliation may be subtle, or it may be very dramatic such as a demotion or loss of employment. These actions are against the law and if you have sought prior legal advice, your chances of obtaining legal vindication are greatly enhanced. The bottom line is to obtain legal advice from an experienced employment lawyer as soon as you find yourself in a situation that potentially involves sexual harassment. If you fear to obtain legal advice because you believe it would be futile, because there were no witnesses, and it is "his word against mine," legal vindication may still be possible.
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If you or a loved one is facing this difficult situation, please consider contacting The Burkhalter Law Firm to see if we can help you.