Virginia Beach Harassment Lawyer
You have every right to feel safe and comfortable at work. If an employer, co-worker, or company policy prevents you from doing so, call The Law Office of Jeremiah A. Denton III to see if you have grounds for a sexual harassment lawsuit.
It is important to keep in mind that you may only have a valid lawsuit if your complaint meets certain criteria. It is illegal to discriminate against someone on the basis of race, color, age, sex, religious beliefs, disability, or nationality.
A sexual harassment claim based on “hostile environment” has four basic elements: the offending conduct (1) is unwelcome; (2) is based on victim’s sex (3) is sufficiently severe or pervasive to alter the conditions of victim’s employment and create an abusive work environment, and (4) is imputable to the employer.
The battle ground in sexual harassment cases is usually proving the third and fourth elements. To satisfy the third element the harassment has to be serious; a mere comment or two on rare occasions usually will not suffice, but physical touching of a sexual nature almost always will, as will repeated or chronic “hitting” on the victim.
To meet the fourth element, making the employer (as opposed to just the fellow employee) liable, the victim has to show that her job itself was somehow affected. Whether and under what standard an employer may be held liable for sexual harassment depends on whether the harasser was a supervisor or merely a co-worker and on whether the plaintiff suffered tangible employment action. This is where it gets complicated.
If the harasser is your supervisor, and you suffered “tangible employment action” as a result of the harassment, then the company itself is responsible. “Tangible employment actions” include being fired, demoted, not being promoted when you should have been, and can also include such repercussions as an undesirable relocation or change in responsibilities or being pressured into quitting. If any of these things occur and your supervisor, or someone else directly above you in your chain of command was the harasser, then the company itself is liable for proven harassment, not merely the individual harasser who probably does not have enough resources to pay any judgment you might get against him (can’t get blood from a turnip).
Even in the absence of “tangible employment action,” you can still win against the company, unless the company can prove it (1) it exercised reasonable care to prevent and promptly correct the harassing behavior, and (2) that you unreasonably failed to take advantage of those preventive or corrective opportunities or otherwise avoid harm.”
It is essential to find a qualified Virginia Beach harassment attorney
Sexual harassment law is not as simple as you might think. Not every lawyer knows the basic requirements of a sound sexual harassment claim, and not every lawyer has the experience necessary to successfully represent a sexual harassment client. We at The Law Office of Jeremiah A. Denton III have been successfully representing victims of sexual harassment for decades. Do not think you have to tolerate this unbearable situation any longer. Let us bring your workplace difficulties to an end, and get the justice you deserve.
Here to meet your legal needs
Located close to Lynnhaven Mall in Virginia Beach, The Law Office of Jeremiah A. Denton III serves clients throughout Virginia. Contact our office to discuss your civil or criminal matter with a skilled lawyer. We give straightforward answers to your legal questions and offer frank, analytical case evaluations.
