Although most employers take the necessary precautions to ensure the safety of their employees, there are employers who do not want to spend time, resources or money to implement such policies and precautions. If your employer did not prevent sexual harassment against you or by another employee or by a customer – you may have cause to sue. Of course, you need to consider all the legal aspects of filing a lawsuit.
Because the US has become increasingly litigious in the last several years, it is important that you have a strong case if you are going to sue your employer. Failing to prevent sexual harassment by itself is not an offense for which your employer will be financially liable. However, if he was negligent in his duties as an owner, you would have a case. Allegations of this nature are difficult to prove, and often never to be judged.
Above I mentioned the name of the negligent connected with your boss. If an employer fails to prevent sexual harassment due to their own negligence, it is very possible that a jury will find them liable for your injuries. For example, if your boss tells you that the minister is going to make you uncomfortable, and that he is constantly making unwanted advances, I say you are obligated to take action. If he refuses and you are injured, you have the right to seek justice.
Of course, I mean, he has the right to present a defense, and he will need evidence that he prevented sexual harassment against you when the situation was avoidable. If you tell your boss that you work with another employee, but you didn’t write, there is no proof that you ever filed a complaint. In addition, your boss and the attacker may very well join forces to discredit you in the eyes of the law.
In many cases, the most important ally against your employer can be the media. Tell radio stations, television networks and newspapers how your boss failed to prevent sexual harassment in the workplace. It is not useful under the spotlight, but only for use in front of the court. Lawsuits against companies or individual employers are almost always dragged out into the public eye, which means you’ll have to deal with the press anyway.
It is also a good idea to hire a lawyer as soon as you know you want to sue your employer to prevent sexual harassment. The sooner you receive legal advice, the better your chances in court. An attorney can help you define a legal strategy, gather evidence and prepare for your testimony in court. In addition, an attorney is a valuable source of support when you begin to feel frustrated and tired during the course of your search.
If you do not want to sue your employer, but he prevented you from sexual harassment, you can also pursue the matter in a criminal capacity. Let the authorities know what is going on in the county, and let the officials at any level inform you not to do the actual thing. Even if it wasn’t your boss who harassed you, he can be found criminally negligent in his duties.
