There has been a seismic shift in the cultural norms around assault, harassment, consent, and other topics associated with the #MeToo movement. For the first time, men and women are holding the powerful accountable for actions that crossed boundaries or left victims feeling vulnerable.
With this new understanding of cultural norms, especially as they relate to relationships between employees/subordinates and employers or people with professional power, people are left wondering how employment discrimination or harassment litigation has changed. Thankfully, there are answers to this pressing concern.
As The Melton Law Firm has discussed, harassment is both provable and actionable. In this piece, I will discuss the topic of harassment and how to take action if you are a victim of this crime in the workplace:
What is harassment?
Litigation around harassment has included multiple definitions or frameworks depending on jurisprudence. However, certain principles remain true. Most definitions of harassment require pervasive and impactful actions. In the workforce, these actions must be tangibly impactful to the point that it affects your health or work performance. This definitional bright line, though not without its faults or flaws, is used to prevent small, annoying actions from being claimed as harassment in lawsuits or settlements.
Additionally, many claims of harassment have been defined in their positioning as discrimination against specific protected classes. It is possible for people not in protected classes (of gender, race, religion, ability, or otherwise) to still experience harassment; it is just much more difficult without those characteristics being present in a harassment case.
An additional characteristic to consider, though it is by nature ambiguous, is that the behavior is unwanted. Though specific company guidelines may differ, it is not a crime in of itself to pursue a workplace relationship. However, pursuing a romantic interest that is not matched or explicitly wanted, is obviously and sadly harassment. Be sure to consider how jokes or compliments are taken by your colleagues if you want to avoid contributing to harassment culture. On the flip side, make it as best known as possible if you are experiencing or hearing behavior that you find inappropriate or uncomfortable.
How is harassment proven?
Though every case differs, broadly speaking, it is best to establish a chronology of when harassing behavior begin (or, if it still continues). This will allow your legal counsel to paint a picture to a judge or jury of the purpose, nature, and context of the bad actions.
Additionally, speaking with other employees or subordinates will be beneficial. If they are willing to testify or act as a witness, agreeing that the boss or powerful figure was inappropriate, it will strengthen your case and prevent or stymie accusations that a person is making a false allegation.
Of course, any evidence such as texts, photographs, recordings, or other physical collections of proof is incredibly useful for your legal representation. The worst thing to happen to a sexual harassment case is to turn into a he-said, she-said dispute.
A Cultural Reckoning
Posted by Chell in Sex Crimes
There has been a seismic shift in the cultural norms around assault, harassment, consent, and other topics associated with the #MeToo movement. For the first time, men and women are holding the powerful accountable for actions that crossed boundaries or left victims feeling vulnerable.
With this new understanding of cultural norms, especially as they relate to relationships between employees/subordinates and employers or people with professional power, people are left wondering how employment discrimination or harassment litigation has changed. Thankfully, there are answers to this pressing concern.
As The Melton Law Firm has discussed, harassment is both provable and actionable. In this piece, I will discuss the topic of harassment and how to take action if you are a victim of this crime in the workplace:
What is harassment?
Litigation around harassment has included multiple definitions or frameworks depending on jurisprudence. However, certain principles remain true. Most definitions of harassment require pervasive and impactful actions. In the workforce, these actions must be tangibly impactful to the point that it affects your health or work performance. This definitional bright line, though not without its faults or flaws, is used to prevent small, annoying actions from being claimed as harassment in lawsuits or settlements.
Additionally, many claims of harassment have been defined in their positioning as discrimination against specific protected classes. It is possible for people not in protected classes (of gender, race, religion, ability, or otherwise) to still experience harassment; it is just much more difficult without those characteristics being present in a harassment case.
An additional characteristic to consider, though it is by nature ambiguous, is that the behavior is unwanted. Though specific company guidelines may differ, it is not a crime in of itself to pursue a workplace relationship. However, pursuing a romantic interest that is not matched or explicitly wanted, is obviously and sadly harassment. Be sure to consider how jokes or compliments are taken by your colleagues if you want to avoid contributing to harassment culture. On the flip side, make it as best known as possible if you are experiencing or hearing behavior that you find inappropriate or uncomfortable.
How is harassment proven?
Though every case differs, broadly speaking, it is best to establish a chronology of when harassing behavior begin (or, if it still continues). This will allow your legal counsel to paint a picture to a judge or jury of the purpose, nature, and context of the bad actions.
Additionally, speaking with other employees or subordinates will be beneficial. If they are willing to testify or act as a witness, agreeing that the boss or powerful figure was inappropriate, it will strengthen your case and prevent or stymie accusations that a person is making a false allegation.
Of course, any evidence such as texts, photographs, recordings, or other physical collections of proof is incredibly useful for your legal representation. The worst thing to happen to a sexual harassment case is to turn into a he-said, she-said dispute.