Sexual harassment incidents can be emotionally destroying for the victims. However, even if you feel you have been sexually violated or harassed by a coworker, it might not be considered a violation under the law. This does not mean that victims will not get justice; it implies that the laws regarding sexual harassment in the workplace are particular. If you are hiring a Sexual Harassment Attorney for your case, they may check if it has the following elements to ensure that your case is legitimate and has the potential to succeed.
Unsolicited misconduct.
The attorney first checks if the sexual misbehavior was entirely out of the blue and not welcomed or instigated by the affected person. If the said victim was taking part in making sexual jokes or innuendos themselves, it gets tough to prove the genuineness of the situation. A lawyer may check how you responded to the advances of the harasser and if you made it clear that their misconduct affected you negatively. It is an essential part of the case to prove that the advances of the accused were truly not welcomed by you.
The offensiveness of the case.
A lawyer will consider if the incident is objectively offensive or if every reasonable individual will find it demeaning and displeasing. The offense must be taken for a valid and legitimate reason.
Reporting the incident to the supervisor.
You must prove that you did your part in reporting the harassment incident. Make sure to properly preserve all the evidence like reports, emails, notes, or anything else that consolidates the fact that you informed your supervisors about the misconduct.
Damages or losses incurred by the incident.
The lawyer checks if you were subjected to any retaliation or discrimination by the authorities after the harassment, like reduced work hours, losing wages, or employment. It is illegal to ask the victim to submit to the advances of the harasser or make amends against their will. If your supervisor or harasser is found engaging in retaliatory action, they will face strict legal action.
Competency as a witness
The lawyer will assess if you can be a valuable witness in front of the jury. They will check if you dress and behave as per the situation. Additionally, a lawyer also ensures that your story is credible and genuinely deserving of sympathy and justice. After you tick all the boxes, the lawyer will take your case and work on its improvement and strengthening in order to win.
