Harassment in the workplace continues to be an issue for employers and employees alike. And although any harassment is problematic, not all harassment is actionable under the law. Harassment, in general, is unwelcome conduct that is based on race, color, religion, sex, national origin, age, disability or genetic information.
When Harassment Becomes Unlawful
Harassment becomes unlawful where either (1) continued employment is conditioned on enduring the offensive conduct or (2) the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive. Anti-discrimination laws also prohibit retaliatory acts against employees for filing a harassment charge, testifying, or participating in any way in a harassment investigation, proceeding, or lawsuit. Likewise, employees opposing employment practices that they reasonably believe discriminate against individuals are protected.
Workplace Harassment Lawyers Know How to Apply the Law and Analyze the Facts
It is impossible to cover every scenario where workplace harassment might become an issue. It is, however, safe to say that the analysis regarding whether the conduct is actionable hinges on the facts surrounding the incident(s). As such, evaluating workplace harassment claims requires a high level of legal and factual analysis. Most employers and employees are best served by contacting a workplace harassment lawyer if a potential harassment issue arises.
Asking the Right Questions
In order to analyze a potential workplace harassment claim, an experienced harassment and discrimination lawyer knows how to ask the right questions. For example, if an employee complains that a supervisor uses harassing language does that constitute legally actionable conduct? Several factors could affect the ultimate answer including among other things, whether the language used is directed solely at an employee in a protected class versus all employees and whether the language is so frequent or severe that it creates a hostile work environment. In addition, a workplace harassment lawyer can evaluate whether an employee claim must be reported internally and/or with the appropriate government agency before pursuing other avenues of resolution.
Find the Best Workplace Harassment Lawyer for You
As an employee, an experienced workplace harassment lawyer can provide you with the advice necessary to evaluate your claim and give you the best chance to optimize a resolution in line with your ultimate employment goals. For employers, a workplace harassment lawyer can similarly evaluate harassment claims and advise you on ways to resolve employee disputes in the most efficient, effective ways. The attorneys at Rogge Dunn Group have vast experience and knowledge with workplace harassment matters. If you have questions about a potential harassment claim, contact us here.