By Melody Lyons
Unwanted advances have long been a problem for employees who have had to suffer being pestered by supervisors or fellow employees, but today, there are laws to protect employees who otherwise would have no legal recourse. A sexual harassment attorney San Diego helps workers who believe that their workplace rights have been violated. If one believes that he or she is the victim of illegal workplace pestering, he or she should consult with a lawyer and find out his or her rights under the law.
Unwanted advances on the job fall in the category of employment discrimination law, because unwanted advances are a form of workplace discrimination. It is important to keep records of pestering because without documentation it is harder to prove that pestering actually occurred. The written records can be used in court as evidence.
Unwanted advances can take many forms such as a supervisor asking an employee for a date multiple times even though the employee has refused the supervisor on each occasion. Offensive jokes told in an open area such as the break room, can be a form of pestering, or hanging up offensive photos or animations in an open area. Document where the jokes were told or where the offensive places where the photos were placed, there is no need to take a photograph of the offensive display.
The employer, by law, has to make the workplace safe for all employees. If a supervisor does not take steps to address the actions of an offender, that supervisor is as liable for the offense as is the actual offender, but all incidents have to be documented or else a supervisor can deny that the issue was reported.
If the victim of the pestering feels threatened, or is in any way offended by the actions of the instigator, an illegal action is occurring. Teasing another employee, even if an offender is joking, can be considered an actionable offense. Even if an offender believes it is all in fun, an actionable offense could exist.
Consult with a sexual harassment attorney san diego if you think you might be the victim of illegal pestering at your job site. Contact a lawyer in order to remedy the situation if your supervisor refuses to end the workplace discrimination. These laws protect employees who at one time had no legal recourse.
Unwanted advances on the job fall in the category of employment discrimination law, because unwanted advances are a form of workplace discrimination. It is important to keep records of pestering because without documentation it is harder to prove that pestering actually occurred. The written records can be used in court as evidence.
Unwanted advances can take many forms such as a supervisor asking an employee for a date multiple times even though the employee has refused the supervisor on each occasion. Offensive jokes told in an open area such as the break room, can be a form of pestering, or hanging up offensive photos or animations in an open area. Document where the jokes were told or where the offensive places where the photos were placed, there is no need to take a photograph of the offensive display.
The employer, by law, has to make the workplace safe for all employees. If a supervisor does not take steps to address the actions of an offender, that supervisor is as liable for the offense as is the actual offender, but all incidents have to be documented or else a supervisor can deny that the issue was reported.
If the victim of the pestering feels threatened, or is in any way offended by the actions of the instigator, an illegal action is occurring. Teasing another employee, even if an offender is joking, can be considered an actionable offense. Even if an offender believes it is all in fun, an actionable offense could exist.
Consult with a sexual harassment attorney san diego if you think you might be the victim of illegal pestering at your job site. Contact a lawyer in order to remedy the situation if your supervisor refuses to end the workplace discrimination. These laws protect employees who at one time had no legal recourse.
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