Sexual Harassment: What Makes A Strong Case?

sexual harassment what makes a strong case

Sexual harassment in San Francisco means having to deal with unwelcome sexual conduct on behalf of a supervisor, co-worker, or even a client. Generally speaking, it falls into two distinct categories – when you’re pressured into sexual behavior as a condition of employment, and hostile work environment cases.

In so-called “quid pro quo” cases employees are denied hours, promotions or even a job because they refused to go along with the boss’ unwelcome sexual advances. Perhaps a waitress is told she’ll get better shifts if she hangs out with the boss after hours.

In the other type of harassment in San Francisco Workplace, the offensive conduct must be severe or pervasive, so that it changes the work environment. In other words, one request for a date may not be enough.

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In either situation, it helps if the employee has evidence – notes from the days in question, saying what happened and who was present. It is also helpful if the employee has complained to a supervisor and/or human resources department, especially if the complaint is in writing. Often, employees are discouraged from making such complaints. Some employees are embarrassed and hesitate to report it when a co-worker has acted inappropriately, because they don’t want to cause trouble, and talking about such incidents can be difficult.   Additionally, people who do complain sometimes hesitate to use blunt language, and instead end up filing a vague statement that makes it clear that they’re having a problem, but not that the problem is sexual in nature.

At times, employees don’t feel they can complain, because their harasser is their boss, or they don’t know how or who to complain to, because their employer has no policy on how such cases should be handled.

Regardless, an employee who has stated clearly that the sexual advances are unwelcome in no uncertain terms, has a stronger case than one who never complained. A workplace can only be expected to deal with situations they know of, or should have known about.

Published By:

Labor Law Office, APC

2740 Fulton Avenue, Suite 220
Sacramento, CA 95821

Office: (916) 446-4502
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2017-12-13T21:46:46+00:00 May 5th, 2014|Sexual Harassment|