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The New Sexual Harassment
Climate |
By
David Day
The Supreme Court has recently handed down three rulings that may change the
way sexual harassment cases are handled. The first says that a company may
defend itself by arguing that it had procedures set up to prevent and correct
sexual harassment. The second ruling says that a company with considerable
anti-harassment procedures can make a strong defense argument by claiming
that the victim "unreasonably failed" to use the system to his or
her benefit. Lastly, victims of sexual harassment no longer must show that
they suffered tangible consequences to prove their cases. In today's changing
environment, those who feel they have been sexually harassed in the workplace
have even more reason to discuss their circumstances with a knowledgeable
lawyer.
Despite public perception, in my experience sexual harassment cases are
difficult to prove and often result in the client having to disclose what my
otherwise be very private facts. Before considering a sexual harassment
lawsuit, make sure that you have some concrete tangible evidence (other then
just your word vs. the perpetrator's word). Also be prepared to explain that
you have followed the company's grievance policy for harassment or be
prepared to explain why following such procedures would have been worthless.
For instance, victims of sexual harassment in the workplace can overcome the
defense that they "unreasonably failed" to use the anti-harassment
procedures in place by calcimining that the employer's policies were either
ineffective or destructive. The outcome may depend on the facts of each case. |
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