Can You Sue For Harassment?
To understand if one will be able to sue for harassment one must first know the types of harassment and understand the factors necessary to successfully sue a perpetrator for harassment. According to a recent survey, it was shown that about 34% of employees do not fully grasp the concept and severity of harassment, and as such we will define what harassment is in clear and concise terms.
Harassment is any action or behavior that exists in a written, verbal, physical, or otherwise manner that is unwanted, insulting, demeaning, unwelcome, and may humiliate or bring harm to the person on the receiving end of that may make any other reasonable person feel distressed mentally. Any form of harassment can also be regarded as discrimination.
Types of harassment
Domestic violence; is abuse that occurs between parties that cohabitate, although this does not mean that domestic violence is not only valid when it occurs in private settings. Domestic violence is any type of abuse that occurs between domestic parties whether in private or in public. Some countries even regard child marriages and corporal punishments as forms of domestic violence. Workplace harassment or violence; just as the name implies, this is the harassment that occurs in a working environment. It involves all forms of harassment that could occur in a professional environment. This form of harassment can be carried out by anyone including co-workers, supervisors, superiors, and even customers. Criminal harassment; is unwanted or intimidating behavior that targets only people of a certain group that shares the same religion sex or gender. Cyberbullying; terrorizing of an individual through any electronic, virtual, or online means Sexual harassment; is any form of unwanted sexual advances either by the manner of speech, conduct, or action that makes the person on the receiving end feel unsafe, humiliated, and uncomfortable. Civil harassment; is abuse or harassment by anyone with whom the victim does not have a close or personal relationship. Examples may include stalking, credible threats, and assault. Dependent adult and elder abuse; is defined by the California state court as any abuse committed against any individual over 65 years of age or a dependent adult above 18 years of age with disabilities that requires care from other individuals. Dependent adult and elder abuse may be committed by family members, caregivers, fellow residents at a nursing home, neighbors, and friends. This form of harassment is not always intentional or malicious. In cases involving abandonment, or neglect, unintentional abuse may occur by caregivers by individuals that are overwhelmed and who no longer have the mental resilience to take care of others.
Harassment can be based on:
SexRaceGenderReligion Sexual orientationAgeDisabilityPhysical appearance, etc.
What is not regarded as Harassment?
One time incidentsMutual flirtationComments on appearance
What to do before suing?
This is not proposed to ask the victim to keep quiet. When steps are taken before outrightly suing, courts look favorably and positively upon the victim and are more likely to make judgments in their favor.
Talk to the offender or the harasserReport to someone with higher authority File a complaint in the companyDocument all necessary evidence; date and time of all incidents, name of harassers and witnesses, imagery evidence, and verbal or written steps that have been taken to address the issue
What are the factors necessary for suing for harassment?
Depending on the place and the factors surrounding the harassment, one may just be able to sue for harassment successfully. But in a much more clear and explanatory manner, below are the factors that need to exist when suing on grounds of harassment.
The severity of the harassmentFrequency of the harassmentWhether the harassment has created a work or living environment that is hostile and intimidatingThe intention of the harasserQuid pro quo; Job position is conditioned on employee providing sexual favors That the behavior, conduct, or speech was unwanted
Process for suing for harassment.
For serious issues such as harassment or abuse, it is always best to contact a legal professional for legal advice, but in this article, we will provide the reader with steps to take to file a lawsuit against harassment successfully.
1. File an administrative charge;
under federal law, before a suit on harassment or discrimination can be filed. One must first file an administrative charge under the EEOC or any other state agency with similar standing in the eyes of the law. If a lawsuit is filed without an administrative charge first being filed, the lawsuit will be thrown out and will not be heard.
Note when filing a charge under the civil rights act title vii, it is the company that is being sued and not the harasser as an individual. The company is to be held liable under cases of harassment for allowing the harassment in question to take place.
2. File a lawsuit
Once the charge filed is investigated, the right to sue is granted to sue by the EEOC or any other similar state or federal agency one can then go ahead to filing a lawsuit.
For this step, it is paramount to contact a lawyer so that the claim can properly be taken to a court of law.
Reliefs that may be granted to a victim after suing for harassment or abuse
Compensatory damages; the victim may be compensated i. e paid back for the losses sufferedPunitive damages; the harasser may be punished for the damages caused to the victim and to deter others from committing similar offensesEquitable relief; when providing this sort of relief the court may order the harasser or employer to increase the pay of the victim, give the victim a promotion, or any such other actionsRestraining order The court imposes an order of protection; this is when a court makes an order in form of a document to the harasser not to contact, hurt or intimidate the victim anymore.
Conclusion
The importance of the safety of an individual can never be overemphasized. If one feels threatened or unsafe in any environment he or she may find him or herself in, it is always best to seek protection from law enforcement agents and the law itself.
Harassment may, in whatever form it manifests itself violate the civil rights act of 1964, the age discrimination in employment act of 1967, title VII of the Civil Rights Act of 1964, or the Americans with disabilities act of 1990thus allowing a recipient of unwanted attention to take a lawful measure.
What law governs harassment?
One of the laws providing for harassment is the civil rights act
Is it harassment if it is done by someone of the same race, gender, sex, or religion?
Yes, it is still harassment and considered illegal even if the harassing speech, act, or conduct is committed by someone identifying with the same religion, sex, gender, race, or even disability as the person being harassed.
