According to the Equal Employment Opportunity Commission (EEOC), the three factors that are commonly used to determine whether conduct is considered unlawful workplace harassment are:
- Whether the victim tolerated the harassment to obtain or keep their job
- Whether the harassment was extensive enough to create a hostile or intolerable work environment
- Whether the harassment was a retaliatory response to your filing or participating in a complaint
If these conditions apply to the harassment you suffered at work, they may be considered unlawful, and you might have options for financial compensation. A lawyer in your area might be able to help you determine your eligibility to assign financial liability to your employer.
Your Workplace Should Never Be Hostile or Intolerable
The EEOC encourages you to tell the perpetrator directly that you will not tolerate their harassing behavior. In addition to demanding that the abuse stop, do not hesitate to make an official complaint if you remain the victim of harassment in your workplace. You do not have to be the victim of abuse to report it. You can also file a report or complaint if you witnessed abuse.
Workplace harassment is against the law, and you are not required to tolerate it in order to keep working. A lawyer in your area can help you file and manage your workplace harassment complaint and lawsuit. Your lawyer may also:
- Help you understand how the law protects you from harassment
- Identify the harasser and the conduct that led to your complaint
- Determine the personal and financial impact of the harassment
- Collect evidence of the harassment
- Locate and interview witnesses who might have seen the harassment take place
- Prepare and file a lawsuit for financial compensation
Be prepared to have a frank and open discussion with your legal team about the harassment you endured at work. You might be asked for specific dates and other details that help build your case. Your legal team will listen with compassion and can work with you to develop a workplace harassment case.
Your Case Might Have the Potential of Leading to Your Financial Recovery
Recovering from a job loss can be difficult, especially if you lost your job for unfair or retaliatory reasons. If any form of harassment or discrimination cost you your job or promotion or it made your workplace hostile or unbearable, you might be entitled to collect financial compensation for your damages.
A lawyer can help assess the types and amount of financial compensation your harassment lawsuit might be worth. You might be able to collect compensation for the following damages:
- Income loss
- Pain and suffering
- Mental and emotional trauma
In some cases, you might be entitled to punitive damages. Punitive damages are usually only awarded if the behavior that injured you is found to be intentional. Speak to your lawyer about the possibility of including punitive damages in your compensation claim.
Retaliation Is Its Own Form of Harassment or Discrimination
Fear of retaliation should not prevent you from making a valid complaint or participating in an investigation into your complaint. Similarly, you should not fear retaliation for participating in the investigation of a coworker’s complaint.
According to the EEOC, retaliation, in and of itself, is a form of discrimination that is strictly prohibited by Equal Employment Opportunity laws. EEO laws dictate that you may be considered a victim of retaliation if you were penalized for:
- Talking to a supervisor or manager about your experience or an act of harassment or discrimination you witnessed
- Refusing to comply with requests that might lead to acts of discrimination
- Refusing sexual advances or protecting others from similar advances
- Requesting reasonable accommodations based on your disability or religion
- Asking about salary information to determine whether you are being paid fairly at your workplace
You should report any acts of retaliation you face to your legal team immediately. Your lawyer can help you understand how it might impact your pending claim or lawsuit and whether it entitles you to additional financial recovery.
Find Out if You Qualify for an Unlawful Workplace Harassment Case
Were you the victim of workplace harassment? Call our law firm to find out what three factors are commonly used to determine whether conduct is considered unlawful workplace harassment and how your lawyer may use these factors to build your case.
One of our team members may evaluate your case. If you are eligible to file a claim or lawsuit, we may help you build your case and represent you during negotiations or a court trial. Contact the client intake team at Morelli Law Firm by calling (212) 751-9800 and review your options today.