An employment attorney focuses on a variety of legal matters in the workplace. These include defamation, filing a complaint with the Equal Employment Opportunity Commission, and workplace harassment.
Workplace harassment
A workplace attorney can help you pursue a lawsuit against an employer if you’ve been harassed at work. This can happen in a variety of ways, including sexual harassment, discrimination, or quid pro quo harassment. You can also bring a civil action against your employer to receive compensation for your losses.
It’s important to know that workplace harassment can happen anywhere, but some companies have specific policies for how to handle complaints. Regardless of where you work, these studies indicate that you’re likely to be subject to harassing behavior from a manager, co-worker, customer, or contractor. While these types of actions aren’t illegal, they can affect your performance.
Harassment in the workplace can take many forms, including name-calling, jokes, racially offensive language, or even sexual advances. You may be afraid to report it to your boss, but the law requires you to report any harassment you encounter.
Harassment can be a form of wrongful dismissal, too, if you’re the victim of physical conduct of a sexual nature or verbal conduct that’s sexual in nature. There are several laws that address these types of situations. In addition to federal regulations, some states have specific laws, such as New York City’s Human Rights Law or something similar.
The best way to combat harassment is to be honest and clear about what is happening. If you’re feeling uncomfortable about talking to your supervisor, you can always talk to an HR representative. But it’s a good idea to find out exactly what you can and can’t do before you initiate any legal action.
For example, it’s not clear if you’re allowed to file a sexual orientation discrimination lawsuit, but the Equal Employment Opportunity Commission (https://www.nolo.com/legal-encyclopedia/what-is-the-eeoc.html) believes that sexual orientation is a form of gender discrimination under Title VII of the Civil Rights Act. Sexual orientation is a protected characteristic under state and local anti-discrimination laws.
Other forms of workplace harassment include discrimination on sex, age, and national origin. Some companies will also discriminate on the basis of religion or genetic information. Each state has its own anti-discrimination laws, and you should contact your attorney to determine what protections you have.
The best practice when filing a workplace harassment claim is to document everything. Take notes on every offense, including when it happened, who did it, and how it affected your ability to perform your job. Also, be sure to record emails, which can serve as evidence of bringing up the matter in a formal communication.
Defamation
Defamation is a term that refers to the dissemination of false or misleading information. In the workplace, defamation can come in the form of gossip or rumor. It can hurt an employee’s career and reputation. If your boss, manager or employer has made false or disparaging comments about you, you may have grounds for a lawsuit.
Defamation is a legal claim, and a good lawyer will be able to guide you through the process. They can also help you determine if you have a valid claim and can negotiate a settlement. Once you have filed your suit, you have a limited amount of time to respond. This is called the Statute of Limitations.
There are several common defenses to defamation. These include the libel, the false light, the Constitutional and the fact-based. Each state has its own law regarding defamation. Typically, a court will review cases to see if there is substantial accuracy in reporting the news. The Supreme Court made this a legal requirement in Rakofsky v. Washington Post.
However, if the defamation is related to the truth, the law might not allow you to sue. Depending on your situation, it may be impossible to prove the statement was true. For example, if your coworker has a shady past and is not a great employee, you may not be able to prove your boss or manager made a defamatory statement.
Filing a complaint with the Equal Employment Opportunity Commission
When you have experienced discrimination, it is important to file a complaint with the Equal Employment Opportunity Commission (EEOC). EEOC is a federal agency that enforces anti-discrimination laws.
These laws protect you from employment discrimination, including race, age, religion, disability, gender identity, national origin, and sexual orientation. It is a good idea to hire a workplace harassment lawyer to help you through this process. The EEOC is a well-established organization and has a strict procedure for filing complaints.
EEOC charges can be filed by any employee, whether full-time, part-time, seasonal, or temporary. Federal law requires most employers with 15 or more employees to have an equal employment opportunity policy. Some states have their own specific laws. For example, in New Jersey, if you are a transgender person, you have the right to be hired on the basis of your transgender status.
Unlike other types of complaints, EEOC (learn more) charges are not filed online. The agency has a network of offices across the United States. Each office has a different process for investigating and adjudicating charges. Most of the time, the EEOC will not begin a charge until an interview with the employee takes place.
You can also file a discrimination complaint with your state or local government. Typically, this is easier than filing a lawsuit with the EEOC, but it does involve waiting. State and local governments have their own complaint deadlines and laws.
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