As a sexual harassment attorney knows, having a good job and a great work environment is priceless. But what happens when there is one person who makes your days unbearable with their comments or actions. Feeling uncomfortable because of someone else’s actions of sexual nature is surely not a thing to ignore. Sexual harassment happens all the time, but that doesn’t mean that it’s normal nor should you accept it. People who stay quiet about it, are always on the edge, feel unpleasant, and even fear about their safety.
But if you report it, you wonder what repercussions will it make? You are not alone. About 80% of women and 43% of men have experienced a form of sexual harassment at work.
The main question is when should you talk to a sexual harassment attorney? If you feel that the situation at work is unbearable and you fear to report the case (or have reported already and nothing happened) to your boss, a New Mexico sexual harassment attorney should be your next option.
What is Sexual Harassment?
Sexual harassment and sexual discrimination is every unwelcomed sexual advance, requests for sexual favors, or other conduct of sexual nature (both physical and verbal). According to the Equal Employment Opportunity Commission, it is illegal to harass and discriminate against another person because of their sex (both physically and verbally). The harassment isn’t always of sexual nature. It can be anything from offensive comments about the person’s sex (harassing a woman by giving offensive remarks about women in general) to commenting on the person’s clothes and so on.
Men and women can be both victims and harassers. The harassers can be supervisors, bosses, but also clients, customers, subordinates, and colleagues. However, teasing and offhand comments aren’t illegal; comments of sexual nature or other actions of sexual nature that make the work environment hostile and the person dreads to get to work are making the situation serious and the victim should take action.
What Your Attorney Will Look for in a Sexual Harassment Case
The harassment should be proven in a civil case. This is a different burden of proof compared to criminal cases. You have to prove that the harasser is guilty beyond a reasonable doubt. Here you have to prove that the harasser inflicted mental, emotional, physical and monetary damages on you. One of the first questions your lawyer will ask if the conduct was unwelcome (and if the opposing counsel may be able to argue otherwise). If you have engaged in sexual banter yourself, and now say that such banter isn’t welcome, you might have the challenge to prove that the conduct was unwelcome.
Your lawyer will consider if a reasonable person in your place would find the conduct offensive. They will also assess evidence of the harassment and the damages you suffered may be the basis of your case. Being demoted or losing pay because you did not want to do a sexual favor is a clear case of damages.
How a Sexual Harassment Attorney Can Help
Many people fear filing a harassment or discrimination lawsuit. There are too many confusing questions and the future seems scary. You might not be sure if you qualify as a victim of sexual harassment, or whether or not you deserve compensation.
Most people are scared and that is completely all right. These types of situations aren’t easy and fearing losing your job is a natural feeling.
This is why a sexual harassment attorney is a good idea. They will explain the legal terms to you and tell you what your options are, how the case may develop in case you decide to file a lawsuit. It doesn’t matter how old you are, your gender, ethnicity, race, or what job position you have. If you are sexually harassed, you deserve to get your justice and get out of the situation as soon as possible. Don’t let your harasser believe that they can do whatever they want.
If you are looking for an attorney with a history of sexual harassment cases, our team at FBD Law is here to help you. We will review your case and help you go through the process. Trying to do this on your own may feel overwhelming and scary. An attorney who has worked on such cases isn’t only a legal but also moral support during the process. Remember you aren’t alone and staying in a hostile environment, without taking any steps will only affect your mental and physical health.