Sexual harassment remains a prevalent issue in American workplaces even in our post-#MeToo era. Regardless of gender, numerous employees encounter unwarranted sexual jokes, advances from colleagues or bosses, and other such demeaning behaviors during their workdays.
In this article, we will delve into your legal recourse if faced with such unsolicited actions at your workplace. Should you need in-depth advice, reach out to PLBH at (800) 435-7542 for a detailed discussion with an expert in employment law.
Federal Safeguard Against Workplace Sexual Harassment
Federal mandates, like the prohibition of discrimination based on factors such as race or age, also strongly condemn workplace sexual harassment. Victims of such harassment might be eligible for reparations under Title VII of the Civil Rights Act of 1964, aiming to compensate for their distress.
Courts have the authority to issue directives that prevent the perpetrator or the employer from continuing such demeaning acts or even mandate preventive measures to curtail such behaviors.
Moreover, if a harassed employee seeks financial redress, Title VII can empower courts to instruct the accused—often the employer or the perpetrator—to take or abstain from specific actions. This is commonly known as an injunction. However, knowing the nuances of when and how to invoke injunctions in harassment scenarios is pivotal.
The True Essence of an Injunction
Primarily, injunctions are not punishments for past misconduct but are preventive measures against future violations. To be eligible for an injunction, an employee must usually present a tangible threat of repeated harassment. In deciding the merit of an injunction, courts evaluate several factors, including the nature of the infringement and the likelihood of the harasser or employer complying with regulations.
Significantly, for an injunction to be considered, the complainant, in most cases, should still be associated with the concerned employer. This is because injunctions are primarily designed to protect the individual who has initiated the claim.
The Broad Spectrum of Injunctions
Judges have a wide range of injunctions at their disposal in harassment cases. For example, they might compel an organization to establish and enforce anti-harassment protocols. Alternatively, they could prohibit companies from associating with individuals previously accountable for Title VII breaches.
There are more specific remedies, like the installation of security devices or ensuring an employee’s work schedule remains unchanged. Given the intricacies of harassment cases, especially if you continue to work in the affected environment, it’s imperative to liaise with a proficient California employment attorney adept with the legislative nuances and committed to championing your rights. Your defense might necessitate monetary compensation, an injunction, or an amalgamation of both.
At PLBH, our seasoned team boasts over four decades of experience, relentlessly advocating for employees who have faced workplace adversities. To chart out your next steps or gather more insights on our offerings, connect with us at (800) 435-7542. Your rights matter, and we’re here to ensure they’re protected.