In both scenarios, a dominant theme emerged: documenting the assault or harassment is crucial to the success of your case in both the civil and criminal contexts. Sexual Harassment Context Having even the best New York Sexual Harassment attorney cannot guarantee a large award or settlement from your claim: a great lawyer still needs some material to work with. If you are being harassed or have been assaulted at work, you can be certain that when you threaten to sue for damages you will be met with fierce resistance from your employer. After all, it is just your word against a large company with possibly a great public reputation and endless resources. So before you make such a claim, you need to do all that you can to support it — before the company gets wind of your allegations and tries to cover it up.
The Most Important Strategy in Proving or Defending Charges of Sexual Assault or Sexual Harassment
Sexual harassment - Wikipedia
For more information about this temporary freeze, click here. This guide is not legal advice. Laws and legal rules frequently change and can be interpreted in different ways, so Equal Rights Advocates cannot guarantee that all of the information in this Guide is accurate as it applies to your situation. Workplace sexual harassment takes many different forms. It can come from a coworker, a supervisor, or a customer or client, and ranges from unwanted touching, inappropriate comments or jokes, or someone promising you a promotion in exchange for sexual favors.
Sexual harassment comes not only in the form of quid pro quo If you sleep with me, you'll get the promotion , but in the form of inappropriate jokes, pornography on office computers, and touching someone who doesn't want to be touched, in a sexual or suggestive way. When an employee reports a claim of sexual harassment , the company is obligated to investigate. Normally that responsibility falls on the shoulders of the Human Resources department, but the investigation can be handled by an outside person, frequently an attorney, if the company doesn't have a dedicated HR department or person. Some companies will choose to bring in a consultant or an attorney, in any case, to investigate such a claim because of concerns about impartiality. This is also fairly standard if the accused is a senior manager because of the difficulty internal managers will have in doing a solid investigation.
The term "sexual harassment"[ edit ] Although legal activist Catharine MacKinnon is sometimes credited with creating the laws surrounding sexual harassment in the United States with her book entitled Sexual Harassment of Working Women,  an earlier use of the term was in a report about discrimination called "Saturn's Rings" by Mary Rowe , Ph. The phrase appeared in print in a issue of The Globe and Mail newspaper published in Toronto. In the book In Our Time: Memoir of a Revolution , journalist Susan Brownmiller quotes Cornell University activists who believed they had coined the term 'sexual harassment' in after being asked for help by Carmita Dickerson Wood , a year-old single mother who was being harassed by a faculty member at Cornell's Department of Nuclear Physics. One of the first legal formulations of the concept of sexual harassment as consistent with sex discrimination and therefore prohibited behavior under Title VII of the Civil Rights Act of appeared in the seminal book by Catharine MacKinnon  entitled "Sexual Harassment of Working Women".