While it is a known fact for most that employers must provide equal access and equal treatment to their employees, it is lesser known that employers must also provide a work environment that is free of hostility and inappropriate actions. This is the primary difference between discrimination and harassment.

Shah Sheth helps represent employees where their equal rights have not been honored and protected by employers, whether they be private employers or institutional employers.

The laws mandate and protect against a variety of harassment practices. Shah Sheth provides representation on the following issues:

Sexual Harassment

Sexual harassment is the primary form of harassment in the workplace today, creating a hostile work environment due to the following factors:

– Unwanted sexual advances
– Requests for Sexual Favors
– Repeated lewd and inappropriate statements
– Verbal abuse
– Physical abuse and sexual assault
– Requiring Sexual Favors as Condition of Employment
– Quid Pro Quo
– Retaliation for Harassment Reporting

Harassment can be about a person’s sex, such as inappropriate comments about women in general, or blatantly sexual in nature like the above factors indicate.

These laws also forbid employers from making employment policies or practices, even if they apply to all employees, that have an impact on the employment of people of a certain sex.

It is important to understand that most companies have detailed procedures and policies with regards to sexual harassment and the law requires that a good faith effort be made to mediate and resolve the problem within the policies of the company. Should this effort fail or be given inadequate due diligence by the employer, Shah Sheth will evaluate your case and determine the proper course of action forward.

Racial Harassment

The law provides protection against harassing an individual due to their race or skin color.

While isolated incidents of simple teasing, offhand remarks, and playful banter are not considered to meet the test of true harassment in the legal sense, there is protection against more severe situations which include: racial slurs, obscene racial symbols, and derogatory remarks directly related to a persons color.

The key point of when harassment becomes a serious offense and is illegal is tied to the frequency and severity of the actions taking place. If harassment is so frequent or severe so as to create a hostile work environment or if it affects employment outcomes, it is a situation which has become illegal.

Shah Sheth will carefully analyze your situation and determine if a case is a valid racial harassment case.

Religious Harassment

Religious, ethical and moral beliefs are protected by federal and state law and it is illegal to harass a person because of their religious beliefs. This can include offensive remarks about a person’s belief system, dress and grooming policies, as well as religious activities.

The key point of when harassment becomes a serious offense and is illegal is tied to the frequency and severity of the actions taking place. If harassment is so frequent or severe so as to create a hostile work environment or if it affects employment outcomes, it is a situation which has become illegal.

Pregnancy Harassment

Pregnancy harassment involves offensive remarks or behavior towards a female employee due to pregnancy, childbirth or any medical conditions that are due to pregnancy or childbirth.

Pregnancy harassment can often times be associated with sexual harassment in the workplace.

Employer Liability

Under the law, the employer is automatically liable for harassment if a supervisor or manager actively engages in harassment that causes termination, failure to promote or hire, and loss of wages. This liability is extended to non-supervisory employees or even non-employees when on the workplace premises if it can be proved that the employer knew or should have known about the harassment occurring and did nothing to prevent it.

In order to prevent liability, the employer must have made a reasonable attempt to prevent and correct the behavior and the employee must have failed to take advantage of corrective opportunities offered by the employer.

Shah Sheth’s Role

Shah Sheth takes client harassment cases seriously and will provide guidance and expertise backed by legal research and established statutes. If you believe you have been denied basic rights and protections within your workplace, contact us for a case evaluation.

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**The information found on this website is for educational purposes only. It does not constitute legal advice, and your submission here does not create an attorney-client relationship between you and Shah Sheth LLP.