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Sexual Harassment

What Can a Sexual Harassment Attorney Do?

What Can a Sexual Harassment Attorney Do?

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
wrong.

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
be true.

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
implications,
can
turn on the victim very quickly. A sexual harassment attorney will work to ensure that a victim is not misrepresented in court.

Understanding Same-Sex Harassment

Understanding Same-Sex Harassment

Same-gender sexual harassment is a form of employment discrimination that is prohibited by the Civil Rights Act of 1964, Title VII. Same-gender sexual harassment involves the unwanted sexual advances on an employee by a member of the same gender. There are special provisions under recent amendments to Title VII which stipulate guidelines for same-gender sexual harassment claims. In addition to unwanted advances, same-gender sexual harassment may also include demeaning slurs with regard to the victim’s sexual orientation.
As Title VII guarantees equal fair employment rights to all Americans, there are special provisions included under sexual harassment laws which protect gay Americans from workplace discrimination. If a co-worker or supervisor uses inflammatory language or makes derogatory statements about a same-gender homosexual employee based on his or her sexual orientation, this is considered harassment.
Derogatory or harassing statements or slurs targeting an employee’s sexual orientation are grounds for consideration of a hostile work environment and constitute violations of Federal law.
For example, a police officer in New York sued the NYPD for $3.1 million based on a sexual harassment same-gender claim. Though the fellow officers did not make unwanted advances towards the victim, they were found to have repeatedly harassed him for his sexual orientation, and thus, were guilty of creating a hostile working environment which prevented him from doing his job as police officer.
Same gender sexual harassment also follows conventional guidelines for sexual harassment under Title VII of the Civil Rights Act of 1964. Sexual advances on an employee by a member of his or her same gender are treated as sexual harassment regardless of the employee’s own sexual orientation. While such charges may be made, it is important to note that threats of homosexual activity do not alone constitute a hostile work environment. 
The courts use a common-sense approach for same-sex sexual harassment cases to determine whether or not the “advances” in question are legitimate. It is important to note that in such cases of unwanted advances, the sexual orientation of either party is not part of the investigation. 
A heterosexual man may be charged with same-gender sexual harassment for threatening homosexual activity in the workplace regardless of his actual orientation. The common sense standard thus allows the court to determine whether or not his advance was in jest and not based on testimony alone. Investigation into a person’s sexual orientation is illegal under Title VII cases.

Sexual Harassment

Sexual Harassment

Sexual harassment, in terms of what is defined by law, is any kind of unwanted contact or interaction that is sexual in nature. Sexual harassment can, therefore, be either verbal or physical, though other forms can also be considered. Among these other types of sexual harassment can be the use of certain technology, such as the internet, e-mail, or even texting, in which unwanted or unsolicited sexual advancements are made. 
Sexual harassment can occur just about anywhere, though the most common locations or places will prove to be the workplace and schools. Furthermore, it is important to note that sexual harassment does not discriminate between sexes, and thus, advances of this nature can be considered as sexual harassment regardless if the person is of the same sex. 
Sexual harassment and sexual harassment policy is usually a consideration in the workplace, in which certain employers will  provide for provisions as to interaction and contact between workers that is considered acceptable and that which can be considered sexual harassment. Though sexual harassment policy is implemented by law under the Civil Rights Act of 1964, many businesses or companies will also provide for further explanation in order to properly distinguish what is appropriate behavior in the workplace and avoid the possibility of lawsuits. 
Examples of sexual harassment can include comments that are overtly sexual or about a person’s physical appearance which are considered to be unwelcome, discussing sexual orientation, pornography, and explicit physical contact.

The Truth About Sentencing and Punishment

The Truth About Sentencing and Punishment

Harassment cases are treated differently in all states and on the Federal level. Harassment charges are given depending on the offense that the harasser committed. Some harassment charges offer a slap on the wrist, while others offer jail time in conjunction with lost wages or other consequences. 
When harassment cases are dealing with threats pertaining to a victim’s safety, or a victim’s job, employment status, or compensations the charges may include:
When extortion is found, the harasser will can be let go in shame from their job;
They lose all compensation they receive;
They are subject to prison time that could last up to three years. 
When harassment charges are found involving a situation in which a victim is assaulted, penalties can include:
Jail time for the harasser that could last up to three months;
They may also lose a majority of their pay for those three months. 
When harassment cases find that general threats were made toward the victim, penalties may include:
Let go shamefully from their job;
Loss of all compensation they receive;
Possible prison time that could last up to three years. 
In the case of sexual harassment which has occurred by the use of non-verbal and verbal means, the harassment charges vary as well.  When harassment cases find that sexually insinuating comments or expressions were made the punishment may include:
Prison time that can last up to six months time;
The majority of pay received for those six months taken away. 
When harassment charges are filed because X-rated language was used to discipline the victim, sentencing often includes:
In the case that the the victim is under the age of sixteen, the harasser will face jail time that could last up to two years;
They may also lose all compensation during that time and be let go from whatever occupation they are in at the time in a shameful fashion;
In the case that the victim is over the age of sixteen, the harasser will face jail time that may last up to six months;
Additionally, they will be have to lose all wages that could have been earned during those six months;
If the victim is over the age of sixteen, they do not lose their job. 
Harassment charges can be given to those who witness harassment and do not report it. Typical charges for this offense can include:
Being forced to leave their job;
Serving jail time for at the maximum six months;
Additionally, lose all compensation they would have received during that time. 
Harassment cases are taken extremely serious for those who harass and those who stand on the sidelines and observe. In today’s society, courts require that individuals take responsibility for disrupting another person’s life.

Physical Sexual Harassment Overview

Physical Sexual Harassment Overview

Physical harassment, in relation to sexual harassment, is when a victim is touched in an inappropriate way. Most importantly, the victim is touched against his or her will. Sexual harassment claims of this nature can come about for many reasons including: 
  Assaulting an individual for any reason;
  Touching may include massaging a person on any body part without first asking permission;
  Playing with a persons’ hair;
  Grabbing a person’s clothes with the intention of ripping them off or revealing body parts;
  Caressing a person’s arm, hand, or any body part in a sexual way;
  Grabbing a person’s behind, breasts, or genitals without permission;
  Hugging a person without permission;
  Trying to kiss someone without asking;
  Making bodily contact with another person in a sexual way.
  Cornering a victim with one’s body;
  Rubbing one’s genitals on a person. 
Physical harassment may even be seen as touching oneself in front of someone. If it is done in a sexual manner and it makes someone feel uncomfortable, then it can be classified as physical harassment.
Rape claims are sexual harassment claims that are more extreme and carry their own strict penalties. 
When a person has fallen victim to physical harassment, they often feel robbed of something. It is almost as if someone has assumed ownership over their body. Victims can often feel shameful and vulnerable in many other situations after harassment has occurred.
Sexual harassment claims should be reported in any case, but reporting is especially important when the harassment turns physical. Physical harassment is serious and often dangerous. It is outlawed in work environments, educational arenas, and anywhere else it can occur. 
There are many steps a person can take when filing sexual harassment claims. Victims must first report the physical harassment to the administrators of the environment in which it occurred. Additionally, they should immediately report it to the authorities in their community. After the reporting is done, a victim can chose to press charges or let the incident go. Victims in most cases press charges when physical harassment takes place. There are attorneys that specialize in harassment of this nature who should be consulted. 
Victims that suffer from this type of harassment may also need counseling to help them recover both physically and mentally from harassment. This is especially true when physical harassment is ongoing for a long period of time. Most states offer hotlines and facilities in which victims can receive help in these situations.

How To Handle Sexually Harassment

How To Handle Sexually Harassment

Sexual harassment occurs when an individual becomes the target of unwanted sexual comments, jokes, advances, or actions. When an individual is sexually harassed in his/her workplace, it can cause serious problems and disrupt his/her work.
In many instances, an individual will be expected to accept this behavior is he/she wishes to maintain his/her job. However, sexual harassment is prohibited. If an individual has asked an offender to stop this behavior, but he/she continues to engage in sexual harassment, it is important that the victim document the harassment. There are a number of ways through which this can be achieved.
If the harassment involves e-mails or written mail, it is important that an individual not discard these letters. In addition, an individual should maintain a detailed log of every offensive behavior or comment made by the perpetrator. He/she can also carry a small tape recorder and hide this recorder during conversations with the offender. 

Know the Laws About Sexual Harassment!

Know the Laws About Sexual Harassment!

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
function. 

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 similar
ly 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. 

The Real Definition of Sexual Harassment

The Real Definition of 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 toward
s 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 feeling
s 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 on
to 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
wearing. 

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. 

The Quick Statistics on Sexual Harassment

The Quick Statistics on Sexual Harassment

Harassment statistics have been largely focused on employment-based harassment. Additionally, statistics exist that depict the number of cases that are won and/or charges made in sexual harassment cases.
Sexual harassment can also occur in other arenas, such as educational and personal. Harassment statistics regarding education have been documented showing that sexual harassment still exists in these arenas. Sexual harassment can occur by a man or a woman. The victim can also be both male and female. Sexual harassment statistics also show that the victim can also be an observer who feels violated by the harassing, but is not personally being harassed. 
Sexual harassment cases show that since the year 1997, harassment reports have decreased tremendously. This is found to be the result of stricter policies within schools and in the employment sector. Surprisingly, the percentage of harassment charges filed by males has increased since the late 1990s.
Harassment statistics show the majority of claims of harassment are still made by females. Settlements within sexual harassment cases that have come out of the work environment have been settled in an increasing fashion over the years.    
In the educational arena, it is very common among both students and faculty. About 80 percent of students across the United States will experience a form of sexual harassment.  This includes teachers harassing teachers, students harassing students, teachers harassing students, and students harassing teachers.
Sexual harassment statistics comparative between girls and boys before college is almost equal. Girls beat the boys by 5 percent. When these boys and girls grow up and attend college, this gap decreases to a 1 percent difference in the rate of harassment. Harassment statistics show that in college more than half of the harassment is committed by males. This means that males are harassing both males and females in college. 
Harassment statistics are indicators used to improve the safety of adults and children across the United States. Many times these statistics are used to produce forums, organizations, and legislation that can inform people about harassment. Additionally, these sexual harassment statistics can help to prevent harassment in the future. 

Sexual Harassment at the Workplace

Sexual Harassment at the Workplace

Sexual harassment policy in the United States has taken
an active approach toward eliminating sexual harassment. Harassment in the
workplace occurs enough that the implementation of a policy against it has been
created. The
Equal
Employment Opportunity Commission (
EEOC) of the United States works to ensure that harassment in the workplace is
against the law.

Since the guidelines against harassment in the workplace
have been enforced, the rate at which people have been harassed has decreased.
Sexual harassment policies exist in almost all businesses throughout the United
States today. Some states even require that businesses have a sexual harassment
policy in order to operate. 

The problem of harassment in the workplace happens for
many reasons. Most work environments require that individuals work among each
other for a long period of time. This closeness can promote people to cross
boundaries that they would not normally cross. The area of professionalism can
sometimes turn gray when employees are placed in situations where they depend
on a person to be successful.

For example, a secretary to a busy executive often
carries a lot of the executive
s weight and without the secretary, an
executive oftentimes cannot function. This relationship may cause a laps
e in judgment from either one of the individuals and the mutual respect can
be quickly turn into harassment.

Other reasons harassment in the workplace occur are
because of superiority issues. If a person feels that they have power and
control over an individual and their job, sexual harassment may take place.

The existence of a sexual harassment policy does not
always stop a person from harassing another in the workplace. A harasser may be
having personal issues and act stupidly toward an employee at the wrong time.
Nevertheless
, that victim has the right to report it if they feel violated.

Typically, harassment in the workplace occurs against
women. The difference in statistics between men and women is drastic, with women
harassment statistics reaching the high thirtieth percentile out of all women.
Men harassment statistics do not reach into the double digits at all. There are
theories to support this notion that attribute harassment cases to those
between superior
s and subordinates. Men are overwhelmingly the ones in superior positions throughout the
American workforce. Women supervisors
, however, are also harassed in the workplace.

To crack down on sexual harassment, Government organizations exist on local, state, and Federal levels. The EEOC is the most prominent governmental force that
protects individuals in the employment sector.