Failure To Investigate And Damages In Sexual Harassment In The Workplace Cases
Most employers give employee handbooks to their employees containing lofty-sounding policies on sexual harassment. At least on paper, the employers say that they are committed to eradicating sexual harassment from the workplace and that they will promptly investigate any complaint alleging sexual harassment and take appropriate remedial action to stop the harasser.
However, frequently employers fail to live up to the high standards articulated in their own handbooks. Frequently, employers fail to take employee complaints alleging harassment (sexual, racial, religious) seriously. They don’t investigate the complaint by the harassed party. In fact, the employer’s human resources department frequently coordinates a campaign to punish the complaining party for coming forward. This is called retaliation. Retaliation is against the law.
If an employer fails to acknowledge that sexual harassment is occurring in the workplace, or fails to investigate your claim or complaint, it may be guilty of failure to investigate under California state and federal laws. You need to hire an attorney to protect you immediately. Don’t wait until you are terminated. A cursory investigation is not enough. The human resources representative should interview you, all witnesses you identify, and examine all documents. If they don’t do this, then there may be a basis for filing a lawsuit.
Clients need a lawyer who knows how to guide them through the process of making a complaint, participating in the investigation, and, if necessary, litigating any unfair or unjust decision made as a result of the complaint of harassment. If you have been sexually harassed, call us at 415-391-9476, or complete the online case information form. We can help you.
Employers can be held liable for failing to prevent discrimination and harassment in the workplace. They may also be held liable to the employee for the harassing conduct of the supervisor, whether the employer knew about the supervisor’s conduct or not.
What Damages Can Employees Recover for Sexual Harassment?
Due to the power dynamic in the workplace, the impact of sexual harassment on the mental health and well being of an employee can be devastating. Employees who have been subjected to harassment or discrimination based on their sex or race can suffer from depression, anxiety, loss of self-esteem, loss or gain in weight, insomnia, paranoia, and other serious mental conditions. It is highly important to stop the harassment from continuing to protect the health of the employee. An important step in the recovery process is for the employee to retain a top sexual harassment lawyer in San Francisco, The Law Offices of Daniel Feder, to fight on their behalf and to take over the responsibility for communicating with the employer or supervisor.
In many cases, victims of sexual harassment in the workplace can recover for the following types of damages:
- Lost wages
- Future lost wages
- Emotional distress
- Punitive damages
- Attorneys fees and costs
Sometimes, the total damages that an employee can recover can reach tens of thousands, and in some cases, hundreds of thousands of dollars. We can’t usually predict the amount any particular employee will recover, but we don’t take cases unless we believe the damages are worth suing for. And we can assure you that, if we take your case, we will pursue the case very aggressively and attempt to collect every dollar we can for the employee.
Don’t compromise your dignity or self-esteem because of a sexual harassment situation. The California sexual harassment attorneys at The Law Offices of Daniel Feder understand how humiliating and stressful it can be for women and even men to deal with sexual harassment in the workplace. We will fight aggressively for your rights and help you recover the damages you deserve.
Get The Help You Need. Contact Us Today.
Contact the sexual harassment attorneys at The Law Offices of Daniel Feder today so that we can evaluate your case and help you recover from the pain and suffering you have experienced from the situation. Call us at 415-391-9476, or complete our online consultation form.
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