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What Is The Burden Of Proof In A Sexual Harassment Case?
Many individuals are confused as to why proving a sexual harassment case in court may be challenging. Because people confuse the general sense of sexual harassment with the legal definition, part of the difficulty is that they confuse the two. Although “street” sexual harassment, such as catcalls, is not prohibited, workplace sexual harassment is prohibited under Title VII of the Civil Rights Act of 1964. Title VII also places a high burden of proof on plaintiffs in order to win their claims for sexual harassment. Victims of workplace sexual harassment may wish to consult with Sexual Harassment Lawyers of Texas experienced staff to see whether they have adequate grounds to make sexual harassment claims.
Quid Pro Quo Sexual Harassment At Work
Quid pro quo or hostile work environment harassment is the most common type of workplace abuse. Quid pro quo harassment occurs when a person in a position of power, such as a supervisor or hiring manager, asks for sexual favors in exchange for a job benefit. It may also cover situations in which a supervisor demands sexual acts as a condition of avoiding getting fired. If the initial behavior was not welcome, this sort of harassment is prohibited whether or not the employee willingly participates.
Hostile Work Environment
Harassment that creates a hostile working environment occurs when there is enough of a problem to affect your ability to execute your task. This type of Harassment may include lewd jokes, unwanted physical contact, pornographic displays, or uninvited sexual advances. It is not sufficient for a single incidence to occur.
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The burden Of Proof In A Quid Pro Quo Case
The Burden Of Proof For Hostile Work Environment Sexual Harassment Claims
The burden of proof in a hostile work environment lawsuit is also a preponderance of the evidence, which means that you must show by a clear and convincing margin. This form of harassment may be more difficult to demonstrate. To build your case, you must prove all of the following elements:
- You belong to a protected group;
- You were subjected to unwelcome harassment of a sexual nature;
- The requests or advances were based on sex;
- The harassment was pervasive enough to negatively impact a privilege, condition or term of your job; and
- Your employer knew or should have known that the harassment was occurring but failed to remedy the situation.
The courts employ a two-step test in order to assess whether your workplace environment became hostile enough as a result of the harassment. The court will first examine whether the abusive actions would have been considered offensive by a reasonable person. Finally, the court will determine whether the behavior is factually insulting to you.
Will A Lawyer Take Your Sexual Harassment Case?
Even if you decide to file a complaint with the EEOC, you might want to hire a sexual harassment lawyer. It’s vital to know how a lawyer may assist you in building your case if you want to take legal action.
A sexual harassment lawyer will evaluate your situation and see if it qualifies as sexual harassment. They’ll consider the following factors:
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If The Conduct Was Truly Unwelcome
A lawyer will want to know how you responded to the alleged conduct, depending on the particular circumstances of your case. They’ll want to know if you responded to the harassment in any manner, such as by responding jokingly to an email or expressing that the harasser’s behavior was inappropriate and distasteful.
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If The Conduct Was Objectively Offensive
If the conduct was objectively obnoxious, your lawyer will also evaluate if any reasonable person would be offended. The act of a male groping a female subordinate, for example, is likely objectively offensive, while other actions might not be so clearly defined.
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If The Conduct Was Committed By A Supervisor
Your sexual harassments lawyer will want to know if you followed all of the required procedures stated in an employee handbook or formal policy.
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If The Conduct Was Formally Reported Or Exhaustively Documented
If your boss or supervisor finds out the news, he or she will most likely ask if you reported the incident formally within the company’s internal network. This might be your manager, human resources, or another department. They’ll want to know whether you kept any kind of documentation, including a journal, and if you recorded appropriate behavior.
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If You’re Seeking Damages
If the sexual harassment resulted in a loss of income, demotion, or reduced hours, your lawyer will want to know whether you are pursuing compensation. If you have any proof to support your claim for losses, your lawyer will consider if it is worth pursuing damages.
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If You’re A Credible Witness
Your lawyer will take your credibility into account. If you pursue a claim, you may be called to a court or jury. Your lawyer will undoubtedly consider your personal integrity, work history, physical appearance, and anything else that contributes to your credibility.
Contact Us Today For Help Filing A Sexual Harassment Claim
If you’ve been subjected to sexual harassment, you must act right away to safeguard your rights.
If you believe you have been the victim of sexual harassment, our team of qualified sexual harassment lawyers is prepared to assist you in pursuing your legal remedies. You may be able to receive compensation.
Contact Sexual Harassment Texas to connect with one of our sexual harassment lawyers today.
Call us at (888) 290-5889 for a free, no-obligation consultation and case evaluation. We have the knowledge to help you fight and win your sexual harassment claims. We operate on a contingency basis, which means you don’t pay us unless we win your case.
Sexual Harassment Texas
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We fight to help victim of sexual harassment get back on their feet.
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