Hostile Work Environment
As an employee or a student, you have a right to work
or study in an environment that is free of discrimination, intimidation, insult
and ridicule. You may be able to file a hostile work environment claim in court
if the harassment you experienced unreasonably interfered with your work
performance or created an offensive or intimidating work environment. In order
to have a claim for hostile work environment, generally, you must be able to
prove that there was more than a single incident of harassment. However, an
extremely severe single incident of harassment (such as a sexual assault or
rape) may be enough for a lawsuit. Unless the conduct is quite severe, a single
incident or isolated incidents of offensive sexual conduct or remarks generally
will be inadequate to prove the existence of a "hostile environment."
 In
order to prove a hostile work environment claim, you may also have to show that
the sexual conduct was without your permission. If you consented to the sexual
conduct, you may be unable to maintain a sexual harassment lawsuit. Even if you
once had an intimate relationship with someone who later sexually harasses you,
you may still have a sexual harassment claim if you able to show that you
clearly indicated that the sexual attention was no longer welcome. For example,
by having written a letter to the harasser that you were no longer interested
in having a continuing relationship with him and that his sexual attention
welcome or appreciated, you may be able to establish that sexual conduct that
takes place after the letter is harassment.
For a free consultation about sexual harassment with
an experienced employee rights attorney, contact David Spivak:
- Email
David@FightSexualHarassment.com
- Call toll free (877) 277-2951
- Visit The Spivak Law Firm, 9454 Wilshire Blvd., Ste
303, Beverly Hills, CA 90212
- Fax (310) 499-4739
The Spivak Law Firm is a full service employee rights
law firm. David Spivak and his team are proud to represent aggrieved employees
like you in the following matters:
For further information on your rights in the work
place, please visit our other websites:
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