Proving Harassment at Work
Federal and State anti-discrimination laws have been enacted to protect employees from harassment in the workplace. Harassment cases are generally complicated to prove. As such, a good Orange County business attorney will first need to evaluate a potential workplace harassment claim to determine whether there is sufficient evidence to support it.
Necessary Evidence to Prove a Workplace Harassment Claim
In order to prove a harassment claim in the workplace, there must be sufficient evidence that harassing conduct occurred sufficiently severe or pervasive enough to create a hostile work environment. Such conduct, which must constitute a pattern rather than consist of just one or two isolated incidents, must have been either directed towards the employee’s class in general or directed towards the employee because of his/her class.
If the employee is specifically complaining of sexual harassment, his/her Orange County business attorney will evaluate the case to determine whether a claim quid pro quo or hostile work environment can be proven.
- Quid Pro Quo Sexual Harassment
A quid pro quo sexual harassment case is quite common. This occurs when job benefits are made contingent upon the provision of sexual favors. At times the employee’s rejection of the sexual advance even results in loss of employment or other aspect of the job.
- Hostile Work Environment
Generally, a hostile work environment ensues when there is a discriminatory conduct or behavior in the workplace that is unwelcome and offensive to the employee and is based on a protected class status. In other words, for litigation purposes, the Orange County business attorney has to determine whether the employee-client is part of a member of a protected class, such as women, the disabled, or a specific race.
If the Orange County business attorney determines that the specific facts of the case fall within these categories and there is sufficient evidence to prove the elements, he will accept the case and pursue litigation.
For more information, or for assistance with a workplace harassment case, call an Orange County business attorney at Daily Aljian LLP: (949) 861-2524.