It’s one of the most disheartening and unfortunate truths in society, but sexual harassment is something that many people (the majority, of women) have to deal with at some point in their lives. Whether in a professional or personal context, sexual harassment can be hugely damaging both physically and mentally for the victim, and an alarming amount of cases go unreported and unpunished. There has been a climate shift in the way that society views and treats sexual harassment and this is something that everyone needs to continue to support in the days, months, and years going forwards. Although it is still a difficult decision to take, here is some key information regarding how to report a workplace case to a sexual harassment attorney in Los Angeles.
The Avoidable Consequences Doctrine Under Federal Law
In the context of federal law defense, an employer who is at the center of a claim like this is required to prove a couple of things, which are important to understand from your point of view to let you know what kind of tactics you might be subject to in opposition:
They have to prove that they exercised reasonable care to prevent and correct promptly any inappropriate behavior.
They have to prove that you are the employee who unreasonably failed to take advantage of any preventive or corrective opportunities that were offered to avoid harm.
The Avoidable Consequences Doctrine Under CA State Law
In terms of specific CA state law, some of the requirements are slightly different:
The employer needs to prove that it took reasonable steps to prevent or correct any harassment in the workplace.
That the employee was unreasonable in their failure to use corrective and preventative measures.
That reasonable implementation of the employer’s procedures would have prevented the harm caused by the harassment.
Be As Prompt As Possible
With this information in mind, it is absolutely essential that you be as prompt as your emotions and mental health allow you to be in reporting your harassment case. With so many legal hoops to jump through, the more time your representation has to build a base, the better. Do not wait for a long period between reporting your problems to your employer and consulting with a legal representative, because you don’t want to put yourself in the position of being on the back foot when it comes to evidence gathering and any potential covering up of misconduct that could be undertaken by opposing forces in your workplace environment. Speed is key to any successful sexual harassment case.
If you should ever find yourself with the unfortunate and serious need for a sexual harassment attorney in Los Angeles, then one of the best places to go for empathetic and expert representation is Belal Hamideh Law. Do not hesitate to contact any of our dedicated team members and they will be able to guide you through all the steps in this process. We value discretion and will always make sure that you feel comfortable with every element of the legal case being built.