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Employment Litigation and Harassment Claims

On Behalf of | Aug 25, 2015 | Articles, Employment Litigation

Employment litigation is a complex area of law that encompasses the legal issues surrounding harassment and discrimination in the workplace. A case of employment litigation may take place when a member of the staff decides to sue their employer as a result of an issue that occurs due to work-based activities or work-related problems.

Some people pursue employment litigation when they feel they are being discriminated against at their workplace, whereas other people seek legal assistance because they are having trouble receiving adequate compensation for the amount of time that they work. Whatever the reason behind employment litigation, it’s important to remember that obtaining the right guidance and assistance is crucial.

Harassment and Litigation

One aspect that may be considered during employment litigation is the problem of harassment. Harassment can be defined in a number of different ways, but from a basic perspective, it may simply refer to any behavior or act performed towards an individual that is more than they should be expected to tolerate. Sometimes, harassment takes place within a workplace because of various reasons, but the causes are usually connected to some form of discrimination.

For example, the harassed party may be a particular gender, race, or sexual orientation. Most workplaces now place anti-harassment policies in place, but serious issues can still occur.

Dealing with Harassment

Harassment within the workplace can take many forms, but it is widely seen as any activity that makes a person feel intimidated or uncomfortable, and can include being unfairly treated, picked on, threatened, blamed for problems, and being ignored when promotions become available. Harassment often creates a hostile, intimidating, humiliating, or degrading environment for the victim, making their work life extremely unpleasant. Often times, victims of harassment may suffer from physical problems as well on top of the mental and emotional injuries too.

Employers are required to take “reasonable steps” in ensuring that harassment does not happen within the workplace. In some places, these steps are as simple as implementing and publishing anti-harassment policies, or requesting staff members to attend training days where they will be taught more about harassing behavior. Without the “reasonable steps” in place, a workplace or company becomes liable for any act of harassment an employee commits.

Making an Employee Litigation Case

Regardless of the issues that are involved with a case of employment litigation, it can feel incredibly worrying and frustrating to have to defend yourself against your own place of work. Harassment often leaves victims feeling incredibly isolated and vulnerable, and as a result it can be difficult to take the steps required to seek out assistance and get the restitution that is well deserved.

It is not uncommon for those committing the acts of harassment to convince their victims that the problems will only get worse for them if they do seek help. However, it’s important to remember that there are legal experts out there that can help you fight your case who are committed to fighting for this just cause.

To learn more about the many aspects of employment litigation, what constitutes as discrimination and harassment, and what you can do if you feel as though you are being treated unfairly in the workplace, contact Makarem & Associates by phone at 310.312.0299, or via email: [email protected].