Sexual harassment in the workplace can imply several things such as any unwelcome sexual moves and requests for groping, touching, and other favors including rape. If you need to deal with a lawsuit of sexual harassment, you must know the different stages of the lawsuit you need to file as the sexual harassment law firm is going to offer you with proper advice. Make sure the solution you get matches the requirements of your case. Here are the four stages of a sexual harassment case.
1. Filing a lawsuit?
Before you go ahead and file a lawsuit for sexual harassment cases, it is mandatory to find out whether or not filing the lawsuit is essential in your case or how significant it is when you want the accused person to get punishment. Usually, the lawyer you appoint is going to report the act of sexual harassment to the employer and represents the victim in the court. If you are facing charges or causing the act of harassment and fired from the job or demoted, you can move with an additional claim for the cat of retaliation.
After presenting the report to the employer, the lawyer provides more time to an organization for investigating the allegations and following this, a negotiation can be worked out for reaching the settlement. Usually, the negotiation may occur though private mediation, which provides an opportunity to resolve the claim before a lawsuit needs to be filed in the court. The private mediator is essentially a third-party with a neutral outlook towards the case and reviews the situation with an impartial attitude. In several situations, such mediations take place for faster resolution of the case, but if the mediation fails, filing the lawsuit becomes mandatory.
2. Sexual harassment case
A case of sexual harassment or any kind of discrimination resulting in serious liability and the damages are to be filed in the court against the employer if they cannot handle the case appropriately. The company may face serious charges even if a supervisor at the lowest level is unable to comply with the rules and policies of the company. Many of the cases may require knowledge of complex laws and regulations.
3. Initiating the harassment
When you are a victim of sexual harassment in the workplace, you have to report the issue directly to the employer and inform the matter in writing to resolve it properly. The sexual harassment in the workplace lawyers can help you with the preparation of the report of sexual harassment or you can report the incident individually. However, it is essential to present each fact related to the accident including the details mentioning the acts of harassment that have taken place to explain what has actually happened. But if your employer fails to respond to the case appropriately, you can move on to the next step.
4. Treated with respect
Usually, the employees find it extremely difficult to build allegations about any kind of discrimination or sexual harassment. Often they worry about being in the limelight without any rhyme or reason and do not understand how to continue in the same organization as it can create an effect on others working in the same company. In addition to this, the complainant may also feel insecure about losing the job. On the other hand, the employer must show the desired amount of respect towards the employee or the complainant. When an employee or a manager shows disrespect towards the complainant, the people involved may be concerned about the behavior. The employer must appreciate the complainant and send messages to the concerned person or the others waiting for the reaction of the company.
Investigate the matter
Furthermore, the company must also investigate the complaint properly as failure to do so can aggravate the case further. Only those people with adequate experience and training must handle the complaint.
Steps to consider
After the case of harassment, you have to look for best sexual harassment lawyers to lodge the case and the motion filed by the employer is going to include the dismissal of the case due to procedural or technical reasons. During the deposition, one side is going to ask certain questions to the witness resulting in proper evidence based on the issue of sexual harassment. For instance, an attorney can depose the individual accused of sexual harassment and the methods that the company used for your protection after receiving the notice. When the motions are brought to the court, the judge goes through the details of the case to find out whether the plaintiff is competent enough to present the case in front of the jury, but your lawyer can help you to move through the process.
Remember that not all the cases of sexual harassment can go for trial, but they are resolved through direct negotiation or mediation. However, certain cases go for trial as well for which the victims need to hire legal representatives. During the trial, the jury needs to find out the kind of harassment you suffer and how much you are to be compensated for the act.