Harassment is a form of employment discrimination that violates Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, (ADEA), and the Americans with Disabilities Act of 1990, (ADA).
Harassment is unwelcome conduct that is based on race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. Harassment becomes unlawful where enduring the offensive conduct becomes a condition of continued employment, or the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive. Anti-discrimination laws also prohibit harassment against individuals in retaliation for filing a discrimination charge, testifying, or participating in any way in an investigation, proceeding, or lawsuit under these laws; or opposing employment practices that they reasonably believe discriminate against individuals, in violation of these laws.
Petty slights, annoyances, and isolated incidents (unless extremely serious) will not rise to the level of illegality. To be unlawful, the conduct must create a work environment that would be intimidating, hostile, or offensive to reasonable people.
Offensive conduct may include, but is not limited to, offensive jokes, slurs, epithets or name calling, physical assaults or threats, intimidation, ridicule or mockery, insults or put-downs, offensive objects or pictures, and interference with work performance. Harassment can occur in a variety of circumstances, including, but not limited to, the following: The harasser can be the victim's supervisor, a supervisor in another area, an agent of the employer, a co-worker, or a non-employee; The victim does not have to be the person harassed, but can be anyone affected by the offensive conduct; Unlawful harassment may occur without economic injury to, or discharge of, the victim.
Prevention is the best tool to eliminate harassment in the workplace. Employers are encouraged to take appropriate steps to prevent and correct unlawful harassment. They should clearly communicate to employees that unwelcome harassing conduct will not be tolerated. They can do this by establishing an effective complaint or grievance process, providing anti-harassment training to their managers and employees, and taking immediate and appropriate action when an employee complains. Employers should strive to create an environment in which employees feel free to raise concerns and are confident that those concerns will be addressed.
Employees are encouraged to inform the harasser directly that the conduct is unwelcome and must stop. Employees should also report harassment to management at an early stage to prevent its escalation.
The employer is automatically liable for harassment by a supervisor that results in a negative employment action such as termination, failure to promote or hire, and loss of wages. If the supervisor's harassment results in a hostile work environment, the employer can avoid liability only if it can prove that: It reasonably tried to prevent and promptly correct the harassing behavior and the employee unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer.
The employer will be liable for harassment by non-supervisory employees or non-employees over whom it has control (e.g., independent contractors or customers on the premises), if it knew, or should have known about the harassment and failed to take prompt and appropriate corrective action.
Do I need an attorney if I've already been offered a settlement?
The offer you received from the insurance company is almost certainly less than what you are entitled to, by a significant margin. Insurance companies, just like any other business, are structured to maximize their own profits, and in addition to offering a minimal amount in any settlement, they will also commonly employ aggressive tactics against claimants like you to discourage requests for full compensation. We can not only advise you of what your case is really worth, but also provide skilled representation to help you recover damages.
How much is my case worth?
Each personal injury case is unique, and your attorney will consult with you in detail to help you determine the full value of your claim. In any fair settlement, you should expect to receive enough money to cover all your medical bills, from emergency treatment at the scene of the accident to rehabilitative care to help you fully recover. Claims of this nature should also cover the amount of income you will lose due to the injury from missing work or inability to perform on your job, as well as compensation for the pain and suffering you experienced.
How long will it take to resolve my case?
A variety of factors will play into how long it takes to get your insurance settlement, from the availability of evidence to support your claim to how cooperative the insurance company is and how effectively you can prepare your case. At our firm, our legal team takes every case seriously and we will do everything possible to achieve a successful resolution for you. We will also keep you informed throughout the entire process about what you may be up against and how long you can expect your case to take.