New York, NY- When they head to work each day, most New Yorkers just want to get through their day with as little trouble from their coworkers as possible. Many workers in state are fortunate and don’t encounter any harassment or discrimination in the workplace. But there are workers who do and they deserve a means to put an end to their abuse and obtain compensation for their lost wages and mental anguish.
If you are planning on filing a civil suit because you were sexually harassed in you workplace, there are three things you need to prove to recover the compensation you deserve. First you need to show that your harassment was based on your protected class. You must also show the harassment was unwanted and offensive and, lastly, you must show your harassment was repeated and pervasive.
A protected class is any group who has been given Congress-mandated protection from harassment or discrimination, according to Cornell University. Under federal law, it is illegal for an employee or employer to mistreat, fire or discriminate any coworker based on your protected class which can be your race, gender, age, religious affiliation or sexual orientation. Showing that you belong to a protected class will be the easiest burden of proof to meet.
Your next burden of proof is to show the harassment was unwanted and offensive. Such behavior can be fairly innocent, like telling a dirty joke, but in many cases, sexual harassment manifests in unwanted touching, groping and vulgar talk. If the victim participate or encouraged the harassment in anyway, it would be easy for the other party to argue that the harassment was invited. It is much easier to prove sexual harassment was unwanted when the victim tells the harasser to stop and files and formal complaint.
The next burden of proof is showing that the sexual harassment was repeated and pervasive. A one-time comment about a coworker’s body or telling one dirty joke isn’t enough grounds for a civil suit. But if the comments, jokes and touches happen over and over again, that could be considered sexual harassment. For a solid claim, victims of sexual harassment have to show that the harassment continued over a period of time and caused them economic and emotional damages.
Sexual harassment victims must first inform their employer that they are being harassed and give them to opportunity to take action. If they then fail to take action, the victim is urged to speak with a sexual harassment lawyer in New York to begin working on their case.
If you have been the victim of sexual harassment, USAttorneys recommends you speak with one of our employment law attorneys in New York to evaluate their case and determine if you are eligible for compensation. You can count on our legal team to provide you with a strong claim that results in a just settlement.