Employees have the right to work in a safe work environment where they will not be denigrated and bullied. Threats, incessant name-calling, and violence in the workplace are wrong and you should not have to put up with it. You deserve to be treated with dignity and respect. You should not have to work in a place where your employer actively degrades your sense of self-worth.
The attorneys at The Sampath Law Firm take these matters seriously. We are here to make the bullying stop and to ensure that your best interests are protected and advanced.
HOW DO I PROVE HARASSMENT?
To establish a claim of harassment, an employee must show that the harassment was based on his or her race, gender, national origin, age, disability, perceived disability, record of a disability, religion, sexual orientation, or retaliation for a prior complaint of unlawful activity.
Generally, there are two types of harassment: quid pro quo harassment and hostile work environment harassment. Quid pro quo harassment occurs when an employee is offered some job benefit such as a promotion, pay raise, etc. if he or she complies with an improper request - for example, sexual favors - or is subjected to some adverse action because of a refusal to submit to the improper request.
Hostile work environment harassment occurs when an employee is subjected to unwelcome or unwanted conduct that is sufficiently pervasive or severe to alter the terms or conditions of the employee's employment and create an abusive work environment. A stray remark or isolated incident is usually not enough unless it rises to the level that it shocks the judge or jury.
WHAT SHOULD I DO?
If you believe you are a victim of harassment, it is important to use whatever mechanisms your employer has available to file a complaint regarding this harassment in order to give your employer an opportunity to stop it. If possible, you should also keep a diary of events as they occur and get the names of witnesses that can verify aspects of what happened. Whether or not you have already filed a complaint, please contact our office if you need a lawyer's advice.