Is Being Asked On A Date By A Coworker Enough To Constitute Sexual Harassment?
Almost never will be asked on a date be enough to prove a case for sexual harassment. The only way that may be a case is if a person has been asked out on dates by a coworker repeatedly, they complained about it, and the coworker kept asking the person out on a date again and again. That would be pervasive conduct that may be enough to have a case.
If There Are No Witnesses Or Evidence In A Sexual Harassment Claim Do I Have A Case?
The more witnesses, the better the case. However, there is always a witness and that’s the person complaining of the harassment. There’s always at least that evidence. Having the victim testify as to what happened is sufficient evidence to win a case. It is a weaker case if we have no corroborating evidence from another percipient, witness, or coworker, or some text messages or emails suggesting that harassing conduct took place.
Additional Information On Sexual Harassment In The Workplace In California
A person considering bringing a case for sexual harassment should always have a lawyer. These cases are too important for someone to think they can do it by themselves or to think that making a complaint is going to stop the behavior. Employers know the character and nature of these lawsuits and when a person doesn’t have a lawyer, the company knows that they don’t have to play by all the rules and they can take shortcuts.
A lot of times, victims only want to clear the workplace of these problems. They don’t want a lawsuit. They don’t want to have the person fired. They just want to stop the bad behavior and get back to doing their job. If they have a lawyer, the lawyer can walk them through whatever the person wants. They can deal with the employer in a way that works out for everyone. Unless you have a lawyer, you’re not going to be able to make that happen.
If your case is bad enough that you had no choice but to leave your job, you may want to sue because you want to punish the harasser. You want to punish the company for failing to protect you. You’re never going to get justice without a seasoned trial lawyer, who is experienced in sexual harassment cases.