Although you may believe that you have been the victim of sexual harassment at work, the law is extremely clear about sexual harassment. If you have evidence of unwelcome, gender-based conduct at work, you should consult with a sexual harassment lawyer to see if you have a valid case. You’ll want to know how a lawyer will evaluate your future sexual harassment lawsuit before your initial appointment. It would be easier for the lawyer to examine your case and provide you advice if you are organized and prepared from the start. An Austin sexual harassment lawyer will assess your case based on the evidence you have to prove the below-mentioned requirements:
Was the behavior truly unwelcome?
You might have a tough time establishing that the conduct was undesirable if you were engaging in sexual banter, telling dirty jokes, or otherwise voluntarily participating in the behavior you now complain about. A lawyer will inquire how you responded to the alleged harasser and whether you expressed your displeasure with the behavior.
Was the Behaviour Intentionally Offensive?
Your attorney will also consider whether a reasonable person in your situation would find the behavior insulting. A calendar in a cubicle depicting female track athletes in gear will probably insult some employees, and on the other hand, a rational individual is unlikely to do so.
Did a supervisor perpetuate the behavior, or was it reported?
If a coworker engages in objectionable behavior, you will require proof that you reported it. Keep a copy of any reports, letters, emails, or notes you need to indicate that you reported the harassment to a manager. However, if a supervisor harassed you, provide any proof you have to establish the harassment, such as emails, texts, copies of offensive images, and the names of witnesses to (or other targets of) the harassment to the lawyer.
What are the consequences of your actions?
Was there any wage loss as a result of the harassment? A boss or other person in a position of authority may insist that the target of sexual harassment succumb to the harassment (go out on a date or accept physical contact) “or else.” The “or else” refers to the harasser’s threat of a job-related “ransom” on the target, such as a promotion, demotion, reduced hours, or even termination. Any losses you have suffered from the harassment or resistance to it, such as reduced hours or salary, should be detailed to the lawyer. This could include any losses you incurred due to reporting the harassment (which may be grounds for a retaliation claim).