When a Hostile Work Environment Leads to Harassment
Sexual harassment continues to be a fact of life at too many American workplaces. While some employees find themselves pressured to accept sexual advances from superiors in exchange for promotion or continued employment, more common is the problem of a sexually hostile work environment — a workplace where sexual banter, obscene e-mail or off-color remarks cross the fine line that divides mere bad taste from the violation of an important right.
It can be hard to know just where that line lies. Contact the Law Offices of John E. Carpenter for the advice of an experienced attorney if you're having problems with sexual harassment in Washington, D.C., or suburban Maryland.
Call (202) 887-5445 for a lawyer's advice about sexual harassment claims
To prove the existence of a hostile work environment that could support a claim for sexual harassment damages, you need to present evidence that meets both subjective and objective standards of proof.
You satisfy the subjective standard when you show that a particular pattern of conduct upset or intimidated you enough to interfere with the performance of your job duties or cause other problems with your physical health or emotional well-being. You meet the objective standard when you demonstrate that any reasonable person in your situation would likely respond in similar ways to the atmosphere at work.
One of the keys to a successful claim for sexual harassment damages is to demonstrate that the employer tolerated a hostile work environment. Were your complaints taken seriously? Does the company have a procedure for investigating and deterring sexual harassment? Was the procedure followed in your case?
In especially egregious situations, constructive discharge might be an option for resolving your problem. Constructive discharge is a legal principle that recognizes that no employee should be expected to put up with terrible working conditions that ignore protected rights. Under facts extreme enough to support a constructive discharge claim, you can quit your job and sue for wrongful termination damages — but make sure you get a lawyer's advice first.
With 25 years of experience, John Carpenter can help you recognize the existence of a hostile work environment. He can also work with you toward a sound legal strategy based on the facts of your situation and your specific goals.
For additional information about your legal rights in the face of sexual harassment at work, contact the Law Offices of John E. Carpenter in Washington, D.C.
