Sexual harassment is regrettably all too widespread in American workplaces, despite the fact that we live in a post-#MeToo society. Sexual harassment is a common part of work life for many employees, both male and female. Inappropriate sexual jokes at work, advances from coworkers or superiors, or other forms of harassment are examples of this.
Keep reading to learn more about what your options are if you are living with sexual harassment in the workplace. Then contact PLBH at (800) 435-7542 for a legal consultation with an employment law attorney.
There are recourses available if you are the victim of sexual harassment
In addition to many other types of employment discrimination, such as prejudice based on race or age, federal law forbids workplace sexual harassment. A victim of workplace sexual harassment may be entitled to damages under Title VII of the Civil Rights Act of 1964 in order to make up for their losses.
Additionally, a court may issue an injunction to stop the harasser or an employer from participating in unlawful employment practices (including harassing employees or enabling harassment) or to take affirmative action, such as putting in place measures to protect employees from sexual harassment.
Under Title VII, a court may also order the respondent—typically the harasser or the employer—to do something or refrain from doing anything if a sexually harassed employee seeks monetary damages. another name for this is an injunction. But it’s crucial to know when and how injunctions can be applied in sexual harassment instances.
Understanding what an injunction does not do
First and foremost, injunctions are not meant to penalize past sexual harassment; rather, they are intended to stop future misconduct. In order to be granted an injunction, an employee typically needs to demonstrate that there is a genuine risk that the harassment will recur. In considering whether to grant an injunction, a court will take into account a variety of considerations, including the sort of violations in the case and whether it is likely that the employer or harasser will abide by the law.
Importantly, in order to be granted an injunction, the employee who filed the lawsuit must typically still be employed by the company because the injunction is typically intended to safeguard the employee who has filed the claim.
There are many types of injunctions that could be placed
In a sexual harassment case, a judge may impose a variety of injunctions. An employer might be mandated by a court to create and implement anti-harassment measures, for instance. Alternately, a court may instruct employers to refrain from hiring someone who has previously been found accountable for Title VII violations.
Other forms of injunctive remedy, such installing security cameras or not altering an employee’s schedule, can be accessible. Particularly if you are still employed at the business where the harassment took place, cases involving sexual harassment can be exceedingly complicated. It is crucial to consult with a skilled California employment attorney that is familiar with the law and knows how to fight for your interests. To defend yourself, you could have to ask for monetary compensation, an injunction, or a combination of the two.
At PLBH, our group of knowledgeable lawyers has more than 50 years of expertise advocating for employees who have experienced injustice at work. To schedule a consultation or to find out more about how we can assist you, get in touch with us right now at (800) 435-7542 or info@plblaw.com.