Employment Law Information

Archive for the ‘Harassment’ Category

By Timothy Broderick

The real difficulty in summary judgment is for plaintiffs who claim pervasive sexual harassment that has created a hostile and abusive work environment. There are two keys to overcoming summary judgment in this type of case. First, the plaintiff’s declaration must include a description of the offensive events over a significant period of time. We know, for example, that incidents occurring on one day are insufficient under the pervasive criterion. Second, the plaintiff’s declaration must demonstrate that the events are sexual in nature, or at least based on a bias against the plaintiff’s gender.

For example, while sexual harassment is generally based on sexual behavior and sexual speech, the case law supports claims for sexual harassment where a boss yells more vociferously and more forcefully at members of one sex in comparison to members of the other sex.

In summary, if a plaintiff can state the basic facts in support of a claim for quid pro quo harassment or for a claim of physical violence or a threat of violence in the nature of sexual molestation, that plaintiff should be able to overcome a motion for summary judgment without too much difficulty. On the other hand, nearly every plaintiff has to be careful in setting forth the details for claims of sexual harassment based on pervasive conduct.

For claims of pervasive harassment, the plaintiff should be prepared to demonstrate repeated acts of hostility that are based on the plaintiff’s sex, and that are supported by circumstances that show the offensive activities were unwanted.

For more information about Sexual Harassment Law in California, please visit our website at http://www.sexualharasslaw.com/

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http://EzineArticles.com/?Overcoming-Summary-Judgment-in-Sexual-Harassment-Cases&id=3807659

 
By Timothy Broderick

The California Supreme Court has consistently supported summary judgment against plaintiffs in sexual harassment cases where the plaintiff has not made out a case that is sufficient under the legal definitions of “severe” or “pervasive”. The California Supreme Court says “severe” means an offensive touching involving physical violence or a threat thereof. For sexual harassment to qualify as “pervasive,” there must be repeated conduct over a period of time that alters the conditions of employment and creates a work environment that qualifies as hostile or abusive to employees because of their sex.

A separate theory for liability for sexual harassment is quid pro quo harassment, where a term of employment is conditioned upon submission to unwelcome sexual advances.

The cases reveal that plaintiffs typically have the most difficulty overcoming summary judgment when their claims are based on pervasive sexual harassment. In contrast, a plaintiff who claims quid pro quo harassment simply has to declare under penalty of perjury that, for example, a supervisor made unwelcome demands for sexual favors as a condition of employment or continuing employment and/or as a condition of avoiding some type of adverse employment action.

Plaintiffs sometimes have difficulty in overcoming summary judgment based on a claim of “severe” harassment based on a single event. As noted above, the plaintiff must declare that there was physical violence or a threat thereof based on sex. Successful allegations are usually supported by declarations that there was either unwanted sexual contact or unwanted groping of a sexual part.

The challenge is greater for a plaintiff who alleges a threat of physical violence or offensive touching to a sexual part, because to be actionable, the objectionable behavior must be both objectively and subjectively offensive, which means that not only must the plaintiff perceive the threat as one of physical violence or sexual violation, but also a reasonable person, considering all the circumstances, would agree with the plaintiff’s perception of the threat.

For more information about Sexual Harassment Law in California, please visit our website at http://www.sexualharasslaw.com/

Article Source: http://EzineArticles.com/?expert=Timothy_Broderick
http://EzineArticles.com/?How-to-Avoid-Summary-Judgment-in-Sexual-Harassment-Cases&id=3807626

 
By Nance Parry

One of the most important things in the sexual harasser’s arsenal is the skill to make you feel small and insignificant. Their abuse tactics won’t work unless you fear their power. They prey on your insecurities, using them to violate you when you’re at your most trusting and needy. Scumbags, you say? Don’t look to me for an argument.

Keep in mind that one of the things they will and must do in order to pull off their crime(s) is to threaten you. Like with child molesters, your silence is imperative to their continuing activities.

They will inevitably tell you some version of, “If you don’t…(whatever)… you’ll lose your job” (or “never work in this industry again,” etc.).

To quote politician/actress Sheila James Kuehl from Screen Actor (Fall 1992):

“I often hear from men, ‘We don’t mean anything by it. It’s good-natured. It’s meant as a compliment.’ And many men believe that women receive it as complimentary behavior. But women think that men know this is creepy behavior and do it on purpose…if you don’t complain, they say, ‘See, it really doesn’t bother them.’ Of course, there is enormous pressure not to bothered, to be a ‘good sport,’ to go along and get along.” Apparently, if you don’t tell, you are perceived to be endorsing such behavior. If you DO tell, you face a whole different set of circumstances.”

The implied (or voiced) threat, “If you tell, you’ll lose your job” or “never work in this industry again” is one that keeps many a scared sexual harassment victim quiet.

The reality is very different – if you tell, THEY will never work in that industry again. They know it, that’s why they make their threats big and frightening. To keep their victims quiet. Our silence is their priority. It is also our undoing.

As an employee (AKA underling, one of the little people, etc), you have no power. You have your job, some “financial security” (if any job can be said to be secure nowadays), your insurance (if you’ve got any), but no leverage. No control. You do, however, have one more thing – rights.

Every person has the right to dignity, respect, and the right to keep whatever self-esteem they can muster (not always easy if you are, for instance, working in the mailroom (the bottom rung on all corporate ladders), waiting tables, working as a sales person behind a department store counter, or as an extra on a soundstage, etc.

We are sometimes asked to pay a high price for our careers. The “dues” are tough. They can go on for a long time and, sometimes, we get no payoff, in spite of how much we’ve paid.

But no one, NO ONE, has the right to ask you to compromise yourself the way harassers routinely do. You owe NOBODY your skin.

No one, no matter what they have or don’t have the power to do for you, has the right to ask you to perform like a porno star before they will help your career. Professionals won’t ask you to do that. Those who ARE interested in your career will ask you to do your job well…and only that.

Reciting your rights won’t impress harassers. It might make them smile, however. They’ll think they have you scared.

Standing up for your rights, on the other hand, will impress them. It will prove to them that you are strong, a person not to be toyed with. It might also engender some respect, which they didn’t have for you when they harassed you. Think about it…

Keep in mind, also, that many harassers don’t have the power they would lead you to believe they have. It’s in their best interest (if they’re going to brutalize you) to make sure you believe that they have power. And lots of it.

It’s a game, never doubt it. Play the game, if you can get good at it.

Your best play is to be strong, be ready to fight for your dignity and, if you can pull it off, you’ve got to convince them that what they (claim to) have isn’t so important to you that you’re willing to compromise yourself for it. They can’t buy you, bribe you, or scare you. When they really believe that, they’ll look for another victim who’s more easily scared.

Quoting, again, from the DGA’s sheet of Sexual Harassment guidelines (circa 1993 – old but still true):

“Sexual harassment is never justified. When faced with unwanted sexual attention, one has the right to refuse such attention and the responsibility to state clearly what is acceptable. Sexual harassment is not the victim’s fault, it is the fault of the harasser…The fact that a person responded when harassed does not preclude the fact that harassment existed and he/she is still protected by the law. This is most easily proven if the other person is in a hiring/firing position in relationship to the victim’s job, but the law supports the victim regardless of what positions each person holds…It is against the law to fire someone who has made charges of sexual harassment.”

Or withhold employment to them in the future – although that is what happened to me, and others I’ve known – the law notwithstanding.

Here are some actor’s rights, compliments of SAG’s Women’s Conference Committee, from the same era.

“On the set, if you need a body microphone (or other types of equipment on or near your body) – you are always allowed to ask for the assistance of someone you feel comfortable with to perform the task of “miking you.” (Such as your same sex wardrobe person)

Performers must receive PRIOR NOTIFICATION of any interview or audition requiring nudity and shall have the absolute right to have a person of the performer’s choice present at that audition.

When you see or become a victim of sexual harassment, DON’T IGNORE IT, DON’T PRETEND IT DIDN’T HAPPEN. Every action you take against this behavior means it is less likely to be repeated (against you or anyone else).

You have a responsibility to yourself to see that you are treated with respect in the job search and the workplace.

One more thing, if you’re an actor with an agent, go to them for help. Many small agents will be reluctant to give you that kind of time or effort (“I’m not your mother!”).

I’ve worked at Wm Morris, ICM, and many others. You can bet if one of their clients calls for help, they help. Why shouldn’t you have an agent who will aid you in fending off the vultures (AKA harassers)? Aren’t you of some value to your agency? (When harassment begins to interfere with your work, that SHOULD BE their business, too)

If you discover they will not be there to steer you through the minefield, get another agent. It is not asking too much for an agent to intercede when you are being attacked in a casting office or on a set. Anyone who thinks it IS asking too much, isn’t doing his/her job in taking care of you and fighting for their client’s rights.

To quote Nina Blanchard:

“The casting couch has been around for 1,000 years and actors have to be able to come to the agent to discuss incidents of it…it’s important that agents are willing to pick up the phone to make a complaint.”

One of your rights is the right to have an agent who cares about your welfare.

And, for those readers not in the show biz industry – Aren’t ya glad you’re not?

Nance H. Parry is a writer, photographer, graphic designer and more. Her new ebook HOW TO AVOID/HANDLE/LITIGATE OVER SEXUAL HARASSMENT can be found at http://www.booklocker.com/books/4397.html

Article Source: http://EzineArticles.com/?expert=Nance_Parry
http://EzineArticles.com/?Sexual-Harassment—Your-Rights—Stand-Up-For-Them!&id=3580695

Perhaps you’ve been subjected to sexual harassment in the workplace and would like to provide some tips to the individual engaging in such behavior. If so, you may wish to share the following with them: (1) do not make the mistake of treating individuals in the manner that you think they wish to be treated, but treat them in the manner they wish to be treated; (2) expend some effort to determine whether the other individual is actually participating and occasionally, at least, initiating the interaction between the two of you; and (3) always beware of the need to maintain the other individual’s space, recognizing that you must first obtain their permission prior to invading that space.

Avoid touching individuals and/or standing too close to them without first asking whether they feel comfortable when you’re doing so. It is unlikely that such conduct would be appropriate unless you and the other individual are close friends prior to engaging in such conduct. Any of these activities may serve as an appropriate basis for litigation against the employer, and are very likely to be situations for which you would qualify for a lawsuit loan.

It is important to keep in mind that relationships will change over time. Simply because behavior may have been appropriate in the past does not mean that conduct is appropriate at the present time. This is oftentimes simply a matter of the way in which the relationship has changed with time. If you are uncertain, you should always ask the other individual that such conduct is appropriate at the time in which he engage therein.

For those in managerial positions, you are advised to act in a prudent fashion. Individuals in such positions should limit compliments to employees’ performance in the workplace, rather than employees’ personal appearance. Additionally, it would be a rare instance in which it would be appropriate for an individual in a managerial position to comment on other employees’ attire. You may qualify for a lawsuit loan to pursue an action against the employer due to a doctrine in law that makes the employee or, in many instances, liable for its employees’ conduct.

A lawsuit loan may be just what you need to assist you in pursuing litigation to bring a rapid halt to such inappropriate behavior in the workplace.

Learn more about obtaining a lawsuit loan. Stop by our site where you can find out all about the benefits of obtaining lawsuit loans and what they can do for you.

Are you being subjected to sexual harassment in the workplace and wondering how you can stop it? It is a fact that approximately 80% of harassment is unintentional. Additionally, such unintentional harassment is often terminated simply by informing the harasser that the behavior or situation is not welcome. When attempting to obtain a lawsuit loan, rest-assured, you’ll be asked whether you notified the individual that she found such conduct inappropriate.

Frequently, it is determined that the individual who has engaged in such inappropriate behavior had good intentions, believing that they were actually complimenting the individual to whom the comments were directed. It is the perception of the individual to whom the compliment is directed that determines whether harassment has occurred.

Informing individuals in a clear, firm tone that you find such conduct inappropriate, is a way you may protect yourself from such behavior. Furthermore, in such instances, it would be appropriate to notify the individual how it is that you intend to be treated in the workplace. If you do notify individual of the manner in which you intend to be treated, and the individual ignores your notice of this fact, such willful refusal to adhere to your request may enhance the value of the claim for which you seek a lawsuit loan.

The first step to take is to find out whether your employer has a sexual harassment policy. If it does, you are encouraged to follow the steps your employer lays out for notifying the employer of such conduct. If you fail to follow the steps as laid out in the employer’s policies/procedures, you may find that your employer does not have liability for the conduct you find offensive.

It is essential that you notify your employer of the offensive conduct, irrespective of how you feel about notifying the employer of same. The strength of your claim will be greatly diminished if you fail to do so. You’ll find you will be unable to obtain a lawsuit loan if you weaken your claim by failing to follow the procedures established.

Work-related sexual harassment also occurs in places other than the work-place. You may be subjected to such harassment at work-related social gatherings, functions, conferences you attend at your employer’s request, any workshops you attend add your employer’s request, as well as training sessions you attend during work-assignments. Sexual-harassment occurring at any of these activities may subject your employer to liability.

In addition to those situations cited above, sexual harassment that occurs or in the course of work-related travel is also a violation of Title VII. Sexual harassment may also occur as result of employment-related responsibilities that may occur over the phone or via electronic media. If you are able to retain an attorney to represent you with respect to a claim regarding the offensive behavior, you are very likely to be able to obtain a lawsuit loan to assist you in pursuing any litigation related thereto.

We will discuss tips that you may provide to those individuals engaging in offensive conduct in Part 3 of this series. Additionally, we will discuss key-strategies involved in strengthening your claim and also assisting you in ensuring that you’re able to obtain the lawsuit loan that you need to enable you to meet the expenses that are ongoing during the course of litigation

Want to find out more about your lawsuit loan, then visit Dr. Tom Rhudy’s site on how to choose the best lawsuit loans for your needs.

 
By Joseph Devine

Some of us are happy with the job we have and are content with or even love what we do. Some of us are not happy with our job and it frustrates us the more we perform at work. Whether you like your job or not you primarily work for a paycheck. When conditions at work are so stressful that you find it difficult to work for your paycheck you might want to consider your work environment situation.

In some cases, employees are victims of conspiracies in the workplace. It may sound like something out of a workplace drama series, but it is a common deterrent of progress and ultimately a very unprofessional practice in the workplace.

We can pretend that drama doe not exist at work, but the truth is work is run by people. It is part of the human condition to play favorites and disrespect others. When this sort of unprofessionalism arises in an employer or employee, there is a great chance that he or she will attempt to gather additional employees on his or her side to rally against another employee in secret. This is a conspiracy.

Harassment

A conspiracy against an employee is almost always used to harass. Harassment is any conduct that will lead to the victim to feel unsafe, threatened, persecuted, or distressed. When an employer brings employees together to play a harmful role against an employee, he or she has a personal feud against that individual. This may be due to race, religion, gender, appearance, or anything that he or she does not like about that individual.

Harassment is used as a tool to single someone out and make them feel unwanted or embarrassed in the workplace. An employee may feel that he or she is underperforming at work and that his or her opinions are not of value.

Coercion

Most people who would like to see someone leave the workplace that know there are not sufficient grounds to fire him or her, will coerce the employee into resigning by use of conspiring. If someone starts to feel an incredible amount of stress at work and unwanted, he or she will more than likely resign. This is one of the main goals employers and employees try to achieve when conspiring against an employee.

For additional resources on conspiring in the workplace and legal avenues available for victims, contact the Houston employment lawyers of the Ross Law Group.

Joseph Devine

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http://EzineArticles.com/?Conspiring-Against-an-Employee&id=3410871

 
By Timothy Broderick

You are probably familiar with the old analogy of someone using a carrot or a stick to induce another to do something. In the context of quid pro quo (this for that) sexual harassment, a harasser could use a “carrot” or a “stick” to threaten a victim. For example, if a harasser uses a “carrot”, the harasser might say or imply to the victim that in exchange for a sexual favor, the victim would get a raise or promotion. If, on the other hand, the harasser uses a “stick”, the harasser might threaten the victim that if sexual favors were not provided, the victim would be fired or skipped over for promotion.

In a recent case, the California Supreme Court seems to have treated sexual harassment as though harassers only use the “stick” as opposed to the “carrot” approach. In a case where the harasser essentially asked for sex in exchange for a benefit to the victim, the Supreme Court said there was no quid pro quo harm because the harasser did not follow through with the threat. This analysis would apply if the harasser used the “stick” approach, but in the case decided by the Supreme Court, the harasser had used the “carrot” approach. It is implicit in the “carrot” approach that there are no apparent consequences other than that the victim does not get the carrot in the absence of providing the sexual favor.

Quid pro quo sexual harassment should rightfully include sexual harassment with the “carrot” approach as well as sexual harassment through the “stick” approach. Even though the harasser does not punish the victim in the “carrot” approach, a victim who is propositioned for sex at work in exchange for a benefit and refuses to provide sexual favors is precluded from the offered benefit. The Court’s failure to recognize the “carrot” approach may leave the victim without legal remedy. Oddly, an unwilling victim who submits to providing sexual favors would be a legal victim of sexual harassment whether or not that victim received the promised benefits from the harasser.

For more information about Sexual Harassment Law in California, please visit our website at http://www.sexualharasslaw.com/.

Article Source: http://EzineArticles.com/?expert=Timothy_Broderick
http://EzineArticles.com/?Sexual-Propositions-Loophole-For-Sexual-Harassment&id=3387847

 
By Joseph Devine

There are many types of harassment in the workplace; one of the main types being verbal abuse. What constitutes something as verbal abuse? The fact is, any language that impedes maintaining a professional rapport in the office or within individuals due to intimidation, belittling, hurtful language, or mental and emotional isolation.

The Abuser

The most common type of workplace abuse derives from an abuser who has a “higher standing” or is a “veteran” within the company or institution. The abuser usually creates their own universe where he or she must abuse or put someone down in order to feel better about him or herself. It is not uncommon for an abuser to have had a rough or abusive childhood. For abusers, it is easier for to hide how he or she feels inside with distractingly abusive behavior. The abuser usually wants empathy and respect from the victim and feels he or she can achieve this by forceful means and without having to develop a genuine relationship with the other.

The Victim

An abusive relationship is usually a confusing scenario for the victim. He or she is usually unaware of what kind of life the abuser faced as a child or prior to his or her current employment. Most professionals would like to maintain a equal relationship with his or her coworker, supervisor, or other work-related contact. He or she may never feel completely adequate at his or her work, alienated from the abuser as well as other coworkers, emotionally stressed, or even feel compelled to quit. Coworkers may inadvertently encourage these feelings if they have never personally felt the same and express to the victim that he or she may be exaggerating or trying to create “drama” in the workplace.

Signs of Verbal Abuse in the Workplace:

- Constant feeling of work inadequacy
- Being constantly ignored and treated differently
- Sarcastic remarks with the intent of bringing someone down
- Feeling alienated from others in the workplace
- Use of inappropriate or derogatory language
- Supervisors using his or her authority in an improper manner
- Coworkers attempting to overstep their boundaries with condescending words
- Performance critiques discussed in public work settings
- Any situation that hinders developing or maintaining a professional relationship with someone

For more information on verbal abuse in the workplace and how to do deal with it, please visit the Houston Employment Lawyer of the Ross Law Group.

Joseph Devine

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http://EzineArticles.com/?Verbal-Abuse-in-the-Workplace&id=3209037

 
By Joseph Devine

In a world where we are becoming more and more aware of what goes on behind closed doors, employees are encouraged to come forward if they experience harassment or discrimination at work. Often, new employees must sign the company’s harassment policy, and sometimes businesses provide an anti-harassment and discrimination convention. This article will explore equal opportunity policies, types of harassment and discrimination, and how to overcome these problems at work.

The U.S. Equal Employment Opportunity Commission enforces the Federal Equal Employment Opportunity Laws, which strive to create discrimination-free workplaces. When a company describes a job opening as an equal employment opportunity, or EEO, it means that the employers cannot discriminate in hiring, firing, payment, layoffs, recruitment, training, benefits, etc. A business is required by law to post a notice visible to all employees that details their rights under the EEO laws.

Under EEO laws, companies may not discriminate based on age, sex, sexual orientation, pregnancy, national origin, religion, or race, among others. Also, businesses cannot fire or refuse to hire a person if they do not speak English unless it is a qualification for their job. For example, for someone whose job does not include conducting outside business with English-speaking customers cannot be fired for not speaking English. Employers must prove that the job listed absolutely necessitates English if they are discriminating against non-English speakers.

Harassment is purposely offensive behavior towards someone based on their age, gender, sexual orientation, religion, race, or religion, among other things. Basically, if it qualifies as something that for which you can suffer discrimination, chances are that you can be harassed for it as well. Harassment can be a wide range of action. Bullying, whether physical, verbal, or nonverbal, counts as harassment. Targeted pestering is another form of offensive behavior. Stalking, antagonistic teasing, namecalling, damage to person or property, and threatening or derogatory notes all count as harassment.

Perhaps the most thought-of type of harassment is sexual harassment. Not only can the actions listed above fall under sexual harassment, but there are a number of other offensive actions as well. Indecent touching, sexual assault, rape, lewd gestures or exposure, etc., can all harm a person who suffers from sexual harassment. Although most people think of sexual harassment as something that happens only to women, men can be sexually harassed as well.

If you have been harassed or discriminated against, it can be scary to take the issue up with authorities. However, it is important that you let someone know about your difficulties before it goes too far, or before someone else suffers the same offenses as you.

For more information on EEO and other business practices, try the Business Directory today.

Joseph Devine

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http://EzineArticles.com/?Harassment-and-Discrimination-at-Work&id=2686484

If you’re an individual who feels as though he or she is subjected to sexual harassment in the workplace, this article is for you. The information is designed to assist you in making a determination as to whether you have been subjected to sexual harassment and, if so, the appropriate steps for you to follow. It also provides information that will assist you in obtaining a lawsuit loan.

What are the first steps to be taken? First, you’d be advised to make certain that the activity to which you’ve been subjected does in fact qualify as sexual harassment. The Equal Employment Opportunity Commission states that unwelcome sexual advances, requests for sexual favors or any conduct of a sexual nature is morally wrong, unethical, and unacceptable in the workplace.

Many times employees either submit to or find themselves having to reject such advances, worrying that such behavior will defeat any claim for harassment in the workplace. However, if an employee either submits to her rejects these advances, those actions may not be used against the employee as a basis on which employment decisions would be made. Furthermore, such advances should never be used to either intimidate or subject to the employee to either a hostile or offensive work environment. It makes no difference whether the conduct was intentional or unintentional.

Essentially, there are two types of sexual harassment. The first type is “quid pro quo.” This form of harassment involves giving something given in exchange for something else. A “hostile work environment” is a second type of sexual harassment that is often found in the workplace. Either one or both would qualify for a lawsuit loan.

Quid pro quo harassment would arise in a situation in which a basis on which employment decisions are made includes having the employee either submit to or reject conduct that would constitute sexual harassment. Such harassment occurs when an employee’s submission or rejection of such conduct is used as a criterion in assessing the employee’s performance by a supervisor, manager, or someone else who is in a position to influence such decisions.

When this conduct occurs in the workplace for the purpose or effect of interfering with an employee’s work performance, a hostile environment has been created. Creating either an intimidating or offensive workplace for a specific employee also constitutes a hostile work environment. It is unfortunate that many employees feel as though they cannot afford to pursue an action against the harasser, meekly tolerating the egregious conduct. A lawsuit loan may significantly alter the dynamics of this situation.

This conduct is in violation of Title VII if the actor intends to create a hostile work environment and succeeds in doing so. However, it is important to note that such conduct may constitute a hostile work environment, even if the actor did not intend to create such an environment, if the conduct is prohibited under Title VII.

In Part 2, we will discuss effective ways in which one may stop conduct which constitutes sexual harassment in the workplace. Don’t give up the fight due to limited financial resources before you see if you qualify for a lawsuit loan.

Looking to find the best deal on settlement funding, then visit us to find the best advice on settlement loans for you.