An employment lawyer is an attorney that specializes in disputes between employees and employers. Most of these cases include wage discrimination, workplace conditions and overtime hours. However, a lesser recognised field of employment law pertains to workplace harassment. Many employment lawyers for employers are known as labor law attorneys represent employers stay out of trouble. So what is workplace harassment and how do employment lawyers deal with such claims?
Workplace harassment
Workplace harassment is legally identified as a form of discrimination. The legal definition states that harassment is unwelcome verbal or physical abuse based on race, gender, sex, age, mental and physical disability amongst other root causes. To get the right labor lawyer for your company, employment lawyers San Diego businesses refer to each other is a great place to start.
Harassment can be considered serious enough to be taken to court when it becomes such a common practice in the workplace that it makes the place abusive towards it’s workers. This is a serious breach of the worker’s rights and therefore is punishable by law.
Sexual harassment is a broader topic recognized by the law so far as that the statute of limitations has been increased on it.
What counts as workplace harassment?
The umbrella for workplace harassment is very wide to cover a variety of possible case scenarios. This includes offensive jokes, unsolicited pictures, sexual harassment, intimidating coworkers, physically assaulting someone and many more.
When people think of harassment, the first thing that comes to mind is sexual harassment. However that is not always the case. It is not important that the harasser be your employer. A fellow employee can also cause harassment.
Harassment can take place in a job interview. This means any questions that can be used against you to put you at disadvantage for a job position can be considered discriminatory and is punishable by law.
So where does the boundary stand?
With such a wide range of possible harassment cases, it can be hard to distinguish what qualifies as harassment and what doesn’t. Generally, any harm to the victim’s career or mental health can be classified as harassment.
How can an employment lawyer help?
A management lawyer can draft an appropriate code of conduct for a workplace and impose liability on the employer to make sure the code is followed.
However incase of a harassment case despite preventative measures, the victim may approach an employment lawyer who can advise them on appropriate actions and all the methods available to them. They are also required to weigh out the pros and cons of each method and suggest the best one. These lawyers can communicate with the lawyers of the defendant and find alternate methods of dispute resolution to avoid a long and tedious court battle.
Conclusion
Having an employment lawyer overlook your harassment case helps you gain proper help from the law and sets a precedent to improve workplace conditions for other employees who might be subject to similar harassment.
