Harassment attorneys are important in cases in which both
individuals and employers harass one another. A typical defense for a sexual harassment attorney must be
substantial enough to prove that the allegations against an individual are
A popular defense used by a sexual harassment attorney
may be that the verbal, non–verbal, and/or physical actions of the defendant do not equate to the legal definition
of sexual harassment. If proven, then this defense can help get a person off the hook. For example, if a court
ruling finds that a victim is exaggerating a claim and that the individual in
question did not intentionally violate them, sexual harassment will not be found to be present.
The issue of intent is a strong defense and prosecution
that a harassment attorney can use. If a victim’s intent is to get the other
individual in legal trouble for other reasons, but is using harassment as the
means to do it, then the case can be thrown out. Additionally, if the harasser
had every intention of sexually harassing the victim, the sexual harassment
attorney can use that to prosecute the harasser. Intent is important since many
times a person is unaware that they are violating another.
The golden defense for a sexual harassment attorney is
that the victim is lying completely about the harassment. When this happens, it is easy for the defense to form evidence against the victim and prove
that the accused harasser was falsely accused.
Many times a harassment attorney will try to use a
defense that proves that a victim invited the harassment onto themselves. This sometimes controversial defense works to prove that by
dressing or acting a certain way, the victim encouraged the actions of the harasser.
A really strategic defense can help a sexual harassment attorney prove this to
On the contrary, a harassment attorney on the prosecuting
side can claim that those allegations take the responsibility away from the
harasser and place them on the victim. They can also claim that regardless of
how someone looks or engages with another, it does not force the harasser to
make the choice to harass.
In any harassment case, especially sexual harassment, a
harassment attorney is necessary to navigate the unique laws that govern this area of law. Many times these cases can get confusing, and depending on the
turn on the victim very quickly. A sexual harassment attorney will work to ensure that a victim is not misrepresented in court.
Sexual harassment law is dictated on both a state and Federal level. Harassment law focuses in personal situations as well as work
environments. The Civil Rights Act of 1964 contains a section specifically for
sexual harassment and other discriminatory situations. These laws are to be
followed by both employers and employees.
Under employment law, the Civil Rights Act of 1964
protects people against two forms of sexual harassment. The first
form is known as Quid Pro Quo Harassment. This refers to when a person is
subject to sexual harassment because their boss or superior has the ability to
fire or blackball them from a particular industry. In these cases an employee
will allow sexual harassment to take place so their life doesn’t fall apart. It
can be seen as a form of blackmail on the part of the employer. Harassment laws
strictly prohibit employers from making employees feel this way.
The second form is known as harassment that makes the
environment unfavorable. Many times this makes the victim jump trough hoops in
order to feel comfortable at work. Unnecessary adversity of this kind is in
violation of sexual harassment law. Many times the actions toward the victim
become abusive and offensive, making it impossible for the employee to
The sexual harassment laws governing employment tend to
evaluate each case individually, since sexual harassment cases are
circumstantial. Whether the harassment occurs often, verbally, physically, or
non–verbally are all taken into account. Additionally, harassment laws will
work to ensure that the relationship between the victim and the harasser was
platonic and other factors didn’t bleed into the work environment. The laws
also offer guidelines to prevent fraudulent claims against an employer or
person. Additionally, harassment laws work very similarly on both state and local levels, with few minor
guidelines changing depending on the circumstances.
Sexual harassment law works to protect people from
feeling violated, whether it is in the workplace or in their personal lives.
Situations in which harassment is occurring can be dangerous. This can happen
after a victim reports the harassment and the harasser gets angry. In many
states restraining orders and other regulations are suggested to keep these
situations from occurring. Further, to avoid
retaliation and future harassment, sexual harassment law is strict initially.
This saves the victim time, money, and heartache, while moving them forward
past an exhausting situation like sexual harassment.
Sexual harassment can occur in a physical, verbal, and
non-verbal manner. Harassment is when someone disrespects another with
inappropriate behavior. This behavior can include many things such as touching, looking, or speaking inappropriately. When harassment turns
sexual or the behavior is geared towards sex, it is then
recognized as sexual harassment.
Many times the boundaries governing sexual harassment are
gray and unclear. This is perhaps why it is difficult for people to understand
what constitutes appropriate behavior. Many times victims keep their feelings in until they get so anxious they blow up or demonstrate behavior that is
out of the ordinary.
In a case where harassment
of any kind is occurring, the victim often feels uncomfortable. They rarely
welcome this type of behavior onto themselves. This is
what makes it so horrible. Sexual harassment often becomes so bad that it
affects a victim’s ability to function. The sexual harasser may have taken a
liking to the victim’s physical appearance or something they may be
In other instances where sexual harassment takes place, a
victim is being targeted because of their sex or social status. If a boss or
superior feels like the victim is at their disposal, they may say inappropriate
things to them.
Harassment can happen to both men and women. A certain
sex may feel as if they are superior to another. For example, a man may feel he
is above a woman, and therefore, can speak, touch, or look at her in any way he likes.
Sexual harassment is an issue because it lacks
consideration for the victim. Many times a person may not realize they are
harassing an individual, but once the victim feels uncomfortable, they can call
it harassment. Jokers are often subjected to these types of allegations when
they crack jokes that demonstrate subtle versions of sexual harassment.
Harassment can affect work environments and create personal relationships
that are negative and intense.
Victims of harassment can experience serious
psychological trauma. Sometimes after a victim speaks out they may still
receive negative and harassing comments from the culprit or those around them.
Sexual harassment victims can experience serious health problems, including; headaches, anxiety,
disorders regarding eating and identity, stomach problems, and much more. Some
doctors have equated the effects of rape with victims of harassment. Words and
gestures can have a huge effect on a person’s psyche, not to
mention their body. Sexual harassment is a type of behavior that is looked down
upon in society, and those guilty of it can be punished under the law.