New Orleans Sexual Harassment Lawyer
Employers have a duty of care to prevent sexual harassment in the workplace. When unwanted touching, sexually suggestive comments, or demands for sexual favors are allowed to happen, a hostile work environment is created that can adversely impact an employee’s ability to do his or her job.
At the law office of Glenn C. McGovern, we recover emails, company memos, sexually explicit materials, and other evidence of sexual harassment in preparing our client’s case. We interview supervisors, co-workers, and Human Resources personnel in order to expose contradictory statements and an attempt to cover-up the sexual harassment of our client.
If our client has been fired as a result of accusing their employer of sexual harassment, we’re prepared to bring a wrongful termination lawsuit against their employer as well.
If you’ve been the subject of unwanted sexual overtures in the workplace or have been denied a promotion because you refused to provide sexual favors to your boss, contact attorney Glenn C. McGovern about your potential sexual harassment claim.
Sexual Harassment in the Workplace
Sexual harassment often involves a pattern of behavior overtime that involves some or all of the following:
- Unwanted touching, caressing, grabbing, or pinching
- Recurring sexually suggestive emails and comments
- Posting sexually explicit pictures in break rooms, bathrooms, or locker rooms
- Offering a promotion in exchange for going on a date or having sex
- Repeated sharing of sexually explicit jokes
- Unwanted suggestions encouraging you to wear more revealing clothes
Gathering Evidence of Sexual Harassment
Companies and their Human Resources departments will often protect managers and supervisors until it becomes evident that doing so exposes them to unwanted liability. Consequently, it’s important to collect as much evidence as possible before your company is informed you’ve brought a sexual harassment suit against them. Collecting sexually suggestive emails, phone messages, memos, jokes, or evidence of a “quid pro quo” arrangement involving sexual favors is essential. After your company learns of your lawsuit, much of this evidence may “disappear.”
Tips for handling a sexual harassment or race discrimination claim at work
Contact Glenn C. McGovern ASAP and also do the following:
- Tell the harasser to stop.
- Tell your supervisor about the incident and that you told him/her to stop.
- File a written complaint with the employer HR department or supervisor by fax or certified mail and keep a copy.
- File an EEOC sworn written complaint immediately at the local EEOC office. YOU MUST FILE A WRITTEN COMPLAINT WITHIN 300 DAYS OF THE INCIDENT. Filling out a questionnaire may not be sufficient and filing the online EEOC form may not be sufficient due to conflicting case law. FILE A SWORN COMPLAINT WITH EEOC ASAP.
- Keep a Diary of all events, the incidents; the times of the incidents, list witnesses and what happened.
- Report any retaliation immediately to your supervisor or HR and file an amended sworn written complaint with the EEOC even if you filed an initial discrimination/harassment EEOC complaint. You MUST amend the complaint to include retaliation to be able to have that cause of action and be awarded damages for retaliation
Articles By Glenn McGovern On Sexual Harassment
“Ten Tips for Handling Sexual Assault”
“Practice Tips for Overcoming the Title VII Damage Cap of $50,000 for Compensatory and Punitive Damages for Small Employers with less than 100 employees” – An article by Glenn C. McGovern, Attorney, Metairie, La.
“Quid Pro Quo Sexual Harassment and Consensual/Coercion Sex Harassment Cases” – An article by Glenn C. McGovern, Attorney, Metairie, La.
“50 years of psychological science demonstrate the influence of authority and social norms” – An article by Glenn McGovern
“Quid Pro Quo Sexual Harassment and Consensual/Coercion Sex Harassment Cases” – An article by Glenn C. McGovern, Attorney at Law, Metairie, LA
Contact Sexual Harassment and Employment Law Attorney Glenn C. McGovern
While the courts have not, to date, viewed employee handbooks as contracts, they tend to hold companies to the policies stated in them. If your company failed to honor a stated policy against sexual harassment as contained in its employee handbook, we can hold them financially liable for any harm or pain suffered by you.
To schedule a free, confidential consultation, contact sexual harassment lawyer Glenn C. McGovern by e-mail using the form on the side or at 800-721-3992.