Discrimination Litigation Lawyer
Sexual harassment in the workplace is a form of discrimination that should be taken very seriously. The impact on a victim who has experienced harassment can be deep. But what happens when the victim of harassment is sexually assaulted by their harasser? How should such a case be managed by the victim?
Sexual harassment can take on a variety of forms. Experiencing workplace sexual harassment can have a serious impact on a victim, especially in situations where no action has been taken by their employer. Facing harassment day in and day out can cause victims to not only suffer emotionally but their performance in the workplace may be impacted as well. It’s important that victims put a stop to sexual harassment by first reporting the problem to their human resources department. Two of the most common types of workplace sexual harassment are:
- Quid Pro Quo: when a superior offers perks such as job promotions and better benefits in exchange for sexual favors.
- Hostile Work Environment: is ongoing unwelcome or inappropriate conduct that is often sexual in nature. This could be sexual touch that is unwelcome, repeatedly asking for dates, discussing sexual encounters, telling inappropriate jokes, etc. Often a hostile work environment impacts the entire culture of the office.
Sexual harassment is a form of discrimination that, is a violation of a person’s rights. Depending on the specifics of a victim’s case, it may be necessary to go beyond just reporting the harassment to an employer, you may look to remedy the situation with the assistance of an attorney who can help file a complaint with the EEOC and, if necessary, take legal action.
Sexual Assault and Criminal Charges
Sexual assault may result in criminal charges being brought against the person who harmed you. In a case of sexual assault, research shows that in most situations, the victims know their attacker. When faced with workplace sexual assault, it may be a good idea to do the following:
- Demand that the action stop
- Report the assault to human resources
- Contact the police
- Write down your account of the assault
- Collect as much evidence as possible
- Contact an attorney
Sexual assault is never okay. As overwhelmed as you may be feeling, taking action is the best recourse against the person who harmed you.
Personal Injury Claims
If you were injured from sexual assault in the workplace, you may be able to take action against the person who harmed you. A civil claim can become especially complicated if there is also a criminal case playing out as well. You may even be able to take action against your employer depending on case specifics. To prove a personal injury claim, assault victims must take care in gathering as much evidence as possible to prove key elements to a personal injury case:
- Duty of Care
- Breach in the Duty of Care
Accessing an attorney will be important when managing a personal injury claim, especially if you are also faced with workplace sexual harassment. If you went to your employer to complain about the harassment, and no action was taken, they may be held responsible.
When sexual harassment escalates to a sexual assault, criminal charges and a personal injury claim may follow. This will all depend on the specifics surrounding the case. Because of the various legal entanglements that could ensue, working with a discrimination litigation lawyer in Washington, DC, such as from Eric Siegel Law, who is well versed in this area of practice may be in your best interest.