How does sexual harassment differ from gender discrimination?

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While you may have heard the terms “sexual harassment” and “gender discrimination” used interchangeably, these two behaviors, in fact, fall under separate legal definitions. Knowing what each term encompasses helps you determine the best course of action if you become an unfortunate victim of either scenario.

Sexual Harassment: A Brief Guide

Sexual harassment is an umbrella term for a variety of acts of a sexual nature that cause another person discomfort or harm. According to the U.S. Equal Employment Opportunity Commission, unwelcome advances or remarks of a sexual nature, including dirty jokes; sexual requests and/or bribes; repeated display of sexual materials within eyesight; intrusive sexual questions; any form of non-consensual touching; and sexual ridicule are all considered workplace sexual harassment.

You can be sexually harassed by anyone in your workplace, including your customers, and it is prohibited by federal law in workplaces with 15 or more employees. It is important to keep in mind that your state also has a set of sexual harassment regulations, so if you believe you have been a victim of sexual harassment, review your state’s legislation, as well, to determine your specific rights.

Gender Discrimination in the Workplace

Gender-based discrimination is the unfavorable treatment of an employee or potential employee because of that person’s gender or his or her connection with a group traditionally associated with a particular gender. As with sexual harassment, employers with at least 15 employees are prohibited from exhibiting gender-based discrimination in their workplace under federal law, and some states have their own laws regarding this type of discrimination.

As covered by the EEOC, an employer may not be gender discriminatory against any person in any area of employment including the hiring, laying off and firing of personnel; promotions and pay raises; job assignments; training and job-relevant education; fringe benefits, bonuses and other eligible compensation; and any other condition or term of employment.

While there are defined differences between sexual harassment and gender-based discrimination, the two can cross over into each other. For example, if an employer has a history of promoting men over equally qualified women unless the women acquiesce to sexual advances, this employer might be found to be committing both gender-based discrimination and sexual harassment in the workplace should a complaint be filed.

What to Do If You’re a Victim

If you’re a victim of sexual harassment and/or discrimination based upon your gender, you may be able to file formal charges against your employer. Prior to filing charges, document your treatment. This includes keeping a written log of the harassment and/or discrimination you experienced and collecting any physical evidence, such as electronic communication and corroborating statements. Note the names of any witnesses present when the infraction occurred, as well as the dates, times and location of each incident you’ve documented.

Take your evidence to an experienced legal professional to discuss your sexual harassment and/or gender-based discrimination case. You’re entitled to a workplace free of harassment and discrimination, so if you are a victim, do not hesitate to protect yourself and your rights.

How can a lawyer help me if I’m being sexually discriminated against at work?

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Helping you take your sexual discrimination case to court is not the only way a lawyer can help you with this problem.  A lawyer can investigate your case and gather evidence, negotiate with your employer and their insurance company, help you file a complaint with your employer or a government agency, or take your case to court as a last resort.

Investigation

The best way to win a favorable resolution of your sexual discrimination case is to effectively gather as much evidence as possible.  Having a lot of evidence is the best way to convince your employer to do the right thing and stop the conduct that is causing you problems, and give you fair compensation for it. An experienced lawyer knows where to look for crucial evidence and what to do to protect and preserve it. It’s important to speak to an lawyer as soon as you start having problems so that as much evidence as possible, and all your legal rights, can be fully protected.

Negotiation

Once your lawyer has investigated your case, the lawyer can make a demand on your employer to resolve the matter. Your employer can’t fire you because your lawyer makes this demand, that’s against the law.  Your lawyer can present evidence to the employer and negotiate with the employer or the employer’s lawyers or insurance company and try to convince them to do what is necessary to stop the discrimination in order to avoid the lawsuit. This means that the problem will end quickly and you will receive fair compensation for your mistreatment. 

Filing a Complaint

If your employer won’t negotiate, you can discuss with your lawyer filing a formal complaint with your company’s equal employment opportunities office or with an agency of state or federal government. Sometimes one of these offices will be able to intervene with your employer and convince them to do the right thing.  Employers know that government agencies can take legal action to penalize employers who illegally discriminate, and they may not want to risk such action.  It’s very important to have a carefully investigated case with all available evidence ready to be presented to the agency, and you should consult an experienced attorney before taking such action because it can significantly affect your legal rights.

Filing a Lawsuit

If all else fails, your attorney can file a lawsuit on your behalf in state or federal court.  Sometimes government agencies are not willing to take action on behalf of certain employees, and their employers refuse to negotiate. In that case you have no other choice but to go forward with a lawsuit.  Your employer can’t fire you because you file a lawsuit or make a complaint with a government agency, and if you do nothing your ability to sue can be lost because of the statute of limitations.  What’s more, many times sexual harassment escalates into a serious sexual assault, so you should not just ignore the problem and hope it will go away. An experienced attorney can explain the risks and benefits of filing a case in court and can guide you through the process.

What is Sexual Discrimination in the workplace?

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Harassment-workplace-sexual-150x150Often, discrimination shows up when you least expect it. At first, you may not even realize that discrimination is what you are facing. Sometimes it takes someone pointing it out to you, or worse, the discrimination becomes so severe that there is no longer any doubt in your mind. Once you recognize there is a problem, you must take action.

Sexual Discrimination Defined

Federal laws define sexual discrimination fairly specifically — Employers may not discriminate against anyone on the basis of gender while making decisions about hiring, firing, compensating, or promoting employees or potential employees. These laws cover sexual harassment as well as pregnancy and childbirth.

Recognizing Discrimination

It may be difficult to believe that you are experiencing actions that are discriminatory. In the case of sexual discrimination, you may think that because no one is demanding sexual favors or making suggestive statements, you are not experiencing this type of discrimination. When you first start suspecting this type of problem, start paying attention to how exactly you are treated in relation to others around you. If in doubt, ask a close friend or coworker how they feel about how others are treated.

Proving Workplace Discrimination

Once you are certain that what you are dealing with is discriminatory behavior in your workplace, you may want to begin documenting what goes on. Write down conversations that are discriminatory, word for word. Be sure to note the date, time and who was involved in the conversation. Save any written correspondence or memos that are discriminatory in nature, and collect statements from people who are willing to speak up about what is happening.

File a Complaint

Anyone who feels that they have been discriminated against can file a complaint with the Equal Employment Opportunity Commission. Complainants must include their name and contact information, contact information for the employer and a short description of the alleged discrimination along with dates of these events. To meet with the timing requirements of the EEOC, claims must be filed within 180 days from the date of the incident. You may wish to consult with an attorney prior to filing a complaint.

If it has taken you a while to recognize that you are dealing with workplace discrimination, do not feel alone. Many people want to believe that those around them have the best intentions and do not first think of discrimination when they are denied a promotion or experience some other discriminatory act. Now that you know what to look for, you are better prepared to handle yourself if you encounter a problem.

How does a hostile workplace attorney prove fault?

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Hostile-workplace-150x150You may think that if you don’t have direct proof of hostile workplace, like a photograph or a video or an audio recording or a witness, then a lawyer won’t take your case because he won’t be able to prove it. But that’s not correct. Most sexual harassment cases lack direct proof, but it is still possible to win significant money damages from the employer.

Credibility

The most important evidence a hostile workplace victim can give is her (or his) own testimony.  What this means is that from the first moment you make your complaint and tell your story, you must tell the truth. You must not change or shade facts because you think they might undermine your credibility. What undermines your credibility is getting caught in a lie.  After that happens, nobody will believe you no matter what you say. An experienced lawyer can help you present your case and explain any difficult points to the fact finder, but a lawyer can’t help you unless you tell the truth. Ultimately if you are a credible witness you can win your case even if you have no other proof.

Circumstantial Evidence

If you are being mistreated at work based on your race, gender, age or disability in a way that you find intolerable, you can keep a diary in which you write down all the dates and times and details of what happens to you.  One of the most important factors in your credibility is if you can provide very specific details about what, when and where it happened to you, so that the details you give can be checked and verified.  A diary can help you do that.  You can also write down how your feelings change because of the harassment, and changes that happen in your life (like changes in eating or sleeping patterns, or changes in behavior towards others).  People around you should be able to verify these changes.  You can consult a medical doctor or psychologist or counselor to talk about what is happening to you, and you can talk to friends and family about it. All of these things are circumstantial evidence that you may be able to use to prove your case.

Other Victims

Those who abuse others on the basis of race, gender, age or disability often have many victims, not just you.  You should find out whether other people in your workplace, current or past employees, may have been victims of similar treatment.  If so, your attorney may be able to identify patterns of conduct that you can use to prove your case, or such evidence may be helpful in supporting a case for punitive damages.

What is sexual discrimination in the workplace?

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man-158378_640-230x300Often, discrimination shows up when you least expect it. At first, you may not even realize that discrimination is what you are facing. Sometimes it takes someone pointing it out to you, or worse, the discrimination becomes so severe that there is no longer any doubt in your mind. Once you recognize there is a problem, you must take action.

Sexual Discrimination Defined

Federal laws define sexual discrimination fairly specifically — Employers may not discriminate against anyone on the basis of gender while making decisions about hiring, firing, compensating, or promoting employees or potential employees. These laws cover sexual harassment as well as pregnancy and childbirth.

Recognizing Discrimination

It may be difficult to believe that you are experiencing actions that are discriminatory. In the case of sexual discrimination, you may think that because no one is demanding sexual favors or making suggestive statements, you are not experiencing this type of discrimination. When you first start suspecting this type of problem, start paying attention to how exactly you are treated in relation to others around you. If in doubt, ask a close friend or coworker how they feel about how others are treated.

Proving Workplace Discrimination

Once you are certain that what you are dealing with is discriminatory behavior in your workplace, you may want to begin documenting what goes on. Write down conversations that are discriminatory, word for word. Be sure to note the date, time and who was involved in the conversation. Save any written correspondence or memos that are discriminatory in nature, and collect statements from people who are willing to speak up about what is happening.

File a Complaint

Anyone who feels that they have been discriminated against can file a complaint with the Equal Employment Opportunity Commission. Complainants must include their name and contact information, contact information for the employer and a short description of the alleged discrimination along with dates of these events. To meet with the timing requirements of the EEOC, claims must be filed within 180 days from the date of the incident. You may wish to consult with an attorney prior to filing a complaint.

If it has taken you a while to recognize that you are dealing with workplace discrimination, do not feel alone. Many people want to believe that those around them have the best intentions and do not first think of discrimination when they are denied a promotion or experience some other discriminatory act. Now that you know what to look for, you are better prepared to handle yourself if you encounter a problem.

What is employer retaliation in a sexual harassment lawsuit?

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colleagues-437024_640-300x199Being sexually harassed in the workplace can be a very complicated matter, especially because victims often aren’t sure if they have legal grounds on which to file complaints. Furthermore, the anxiety involved with filing a complaint at all can have a chilling effect, especially if the person who was a victim is feeling nervous about retaliation. Retaliation is something that can occur on behalf of an employer if that individual becomes upset that a sexual harassment case has been filed.

Potential Types of Retaliation

There are a number of different ways in which retaliation can come into play within the workplace. For example, if a person who filed a sexual harassment lawsuit was ultimately denied a promotion that had already been guaranteed, that individual has suffered an incident of employer retaliation.

The same is true if an employee ends up getting fired after reporting an incident related to sexual harassment or going even further by filing a sexual harassment lawsuit. Employer retaliation can also relate to things such as fringe benefits, job responsibilities and pay levels. A person other than the victim, such as a witness, may also be subject to retaliation.

What You Can Do

Clearly, there are a number of factors that can be related to employer retaliation. However, it should bring peace of mind to know that there are laws within the United States that prevent employers from being able to retaliate against employees because of alleged sexual harassment.

If you have been a victim of such a problem at work or were involved in reporting it and want to know what your options are, it is in your best interests to contact a law firm that concentrates on sexual harassment cases. After getting a consultation, you’ll feel more informed about whether you have a strong case and how to proceed.

Your Right to Work Without Fear

Being sexually harassed can cause a number of physical, emotional and mental responses that ultimately greatly impact your ability to perform at your best while at work. In addition to wondering whether the perpetrator will try again, you shouldn’t also have to be concerned about whether your employer will do something that compromises your income just because you’ve spoken out about something that happened to you. Get in touch with a competent law firm today and stand up for yourself by not ignoring sexual harassment incidents that occur in your place of work.

I was injured in a wreck with a truck, is the company at fault?

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A commercial truck can cause an immense amount of damage to your car and you, resulting in pain, suffering and financial losses. If you have been hit by a commercial truck and the truck driver is responsible for the accident, here is what you need to know before you speak to your truck accident lawyer.

Document Everything

Make sure everything from the accident is documented. Get police reports and the names and addresses of any witnesses, if possible. If you were seriously injured, you can get this information later or ask a relative or friend to help you do so. While the situation is stressful, keeping the coolest head possible could help you avoid costly mistakes.

Do Not Sign Anything

Trucking companies often have their own loss mitigation departments and legal teams. Their job is to minimize the trucking company’s losses as much as possible in the aftermath of an accident, and the same goes for the insurer who is providing coverage for the commercial vehicle. You do not have to give the truck company’s insurer a statement, but be sure to give an honest one to the local police if asked.

Get your own truck accident attorney before speaking to the truck’s insurer or the company’s representatives to protect your own interests. Never sign any documents from the trucking company or its insurer without your attorney reviewing them first, as you do not want to unknowingly give away any of your rights.

What You Must Show

To win a case against a trucking company or truck driver who caused your accident, you must show that the driver failed to meet the reasonable care standards all drivers are held to while on the road and that the failure caused your injury. Your truck accident lawyer can help you demonstrate all of this in court with the facts of your case. Failure to meet reasonable care standards includes texting while driving, speeding and other behavior that is considered reckless on the road.

Identify the Defendants

The truck driver alone may not be the only defendant in your case, and it is important to identify all potential defendants so you can collect the damages you are entitled to. Your truck accident attorney will examine your case to find all the possible defendants, which can include the trucking company, the company’s insurers and contractors. If hazardous materials on the truck made your accident worse or contributed in any way, the maker or supplier of those materials may also bear some legal responsibility.

What can I do if I’m hit by a car while riding a bicycle?

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Riding a bicycle can be a great way to get where you need to go in an efficient manner, but it can also put you at risk for being involved in an accident where you are hit by a car for something that’s not your fault. Keep reading to understand more what to do in this common but often frightening situation so you’ll feel more equipped to pursue your options.

Firstly, it’s important to realize that bicyclists have largely the same rights as motorists who are injured in accidents of their own. The main difference is, whereas drivers are required to carry car insurance in most states, that does not apply to people who ride bicycles.

No-Fault States

There are about 12 states that are considered ‘no fault’ areas, meaning you cannot take action against a driver who is at fault for an accident. In most cases though, you can file an accident claim with the insurance company associated with the driver who caused the accident. This is called a third-party claim.

Alternatively, you may have car insurance that comes with a special type of coverage called personal injury protection, or PIP. In that case, you may be able to file a claim under your own insurance.

Getting Help From Legal Professionals

Understandably, you may not be sure how to take legal action against someone who has hurt you through no fault of your own. Being injured in an accident is almost always overwhelming, and that’s especially true if you were following all the rules of the road as a responsible bicyclist but still got hurt. For further guidance on this complex matter, get the advice of a bicycle accident lawyer that focuses on cases in your community. A bicycle accident attorney can answer all your questions and give advice about the strength of your claim as well as the potential weaknesses.

Another advantage of working with a bicycle accident attorney is that they will guide you through every step of the process and offer excellent peace of mind in a situation that otherwise seems very uncertain. If you have suffered a bicycle accident due to another person’s negligence, make the smart decision to talk to a bicycle accident lawyer, even if it’s only to get a consultation about the avenues you could pursue. Information is extremely powerful in legal situations, and you owe it to yourself to be as informed as possible while moving forward.

How is Sexual Harassment Defined in New York?

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Often, discrimination shows up when you least expect it. At first, you may not even realize that discrimination is what you are facing. Sometimes it takes someone pointing it out to you, or worse, the discrimination becomes so severe that there is no longer any doubt in your mind. Once you recognize there is a problem, you should take action.

Sexual Discrimination Defined

Federal laws define sexual discrimination fairly specifically. Employers may not discriminate against anyone on the basis of gender, among other protected characteristics, while making decisions about hiring, firing, compensating, or promoting employees or potential employees. These laws cover sexual harassment as well as pregnancy and childbirth.

Recognizing Discrimination

It may be difficult to believe that you are experiencing actions that are discriminatory. In the case of sexual discrimination, you may think that because no one is demanding sexual favors or making suggestive statements, you are not experiencing this type of discrimination. When you first start suspecting this type of problem, start paying attention to how exactly you are treated in relation to others around you. If in doubt, ask a close friend or coworker they feel about how others are treated.

Proving Workplace Discrimination

Once you are certain that what you are dealing with is discriminatory behavior in your workplace, begin documenting what goes on. Write down conversations that are discriminatory, word for word. Be sure to note the date, time and who was involved in the conversation. Save any written correspondence or memos that are discriminatory in nature.

File a Complaint

Anyone who feels that they have been discriminated against can file a complaint with the Equal Employment Opportunity Commission. Complainants must include their name and contact information, contact information for the employer and a short description of the alleged discrimination along with dates of these events. To meet with the timing requirements of the EEOC, claims must be filed within 180 days from the date of the incident. Prior to filing a claim, you may wish to contact an attorney who specializes in employment matters.

If it has taken you awhile to recognize that you are dealing with workplace discrimination, do not feel alone. Many people want to believe that those around them have the best intentions and do not first think of discrimination when they are denied a promotion or experience some other discriminatory act. Now that you know what to look for, you are better prepared to handle yourself if you encounter a problem.

How can I prove my injury was caused by someone else’s negligent actions?

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‘Negligence’ is a fairly broad term which can be confusing if you have recently suffered an injury for which you believe another party bears some responsibility. In short, a person is negligent if they have failed to meet the behavioral standards to protect you from harm which could have been prevented had they met those standards. If you are confused by what negligence means in regard to your situation, take a look at some common examples.

Car Accidents

Car accident negligence includes various reckless actions by the driver who caused the crash, such as cell phone use while driving, running a red light or stop sign or driving under the influence. Since the driver responsible for the accident could have prevented it by not engaging in careless or reckless behavior while driving, they are considered negligent and bear some responsibility for the injuries and harm caused to the other drivers involved.

Slip and Fall

A person is not necessarily entitled to compensation for injury and loss just because they fell on someone else’s property, as any negligence lawyer will tell you. Whether the property owner is negligent depends on what caused the slip and fall. For example, if you tripped over a clear door-frame that is in good condition, because you were distracted, the property owner is not responsible for any injuries. But if you are injured because your foot goes through stairs the owner has failed to repair or maintain, the owner may be liable for negligence for failing to act.

Dangerous Products

Manufacturers have a duty to produce items that perform in a reasonably safe way. A car maker, for instance, is expected to produce cars without defects which are dangerous. So, if a car manufacturer releases a model that has faulty brakes, it may be liable for negligence when drivers of the car are hurt because they cannot stop properly.

Do You Have a Case?

Essentially, you should always speak to a negligence lawyer before deciding whether you have a reason to go to court. A person with legal knowledge is better suited to determine the merits of your case. In the broader sense, if you are not at fault in whatever caused your injury but someone else is because they failed to behave reasonably, you probably have a valid case for negligence in court and are entitled to compensation for your pain, suffering and other losses, such as wages lost because of your condition.