Sexual harassment cases involve certain specific legal elements that must be demonstrated to successfully prove liability. For this reason, it is important that you meet with your Orange County business lawyer to make sure you understand the legal theories underpinning the case.
Conduct Was Unwelcome
One of the requirements to prove sexual harassment is that the conduct in question must have been unwelcome, or that you did not want it to happen. Your Orange County business lawyer will help you gather evidence of the conduct and your protests or complaints about it. If you experienced the unwanted conduct but did not complain, you must explain the reason for your silence to your Orange County business attorney. Maybe you were afraid of retaliation or repercussions if you reported it, or maybe you were ashamed to tell anyone. Either way, it is important to explain why.
Additionally, if you did participate in the conduct, you should explain why to your Orange County business attorney. Sometimes employees feel obligated to play along in order to fit into the workplace or to get approval from their superiors.
Conduct Was Severe or Pervasive
Another element of sexual harassment that must be proven is that the conduct was severe or pervasive. This is sometimes difficult to pin down, but your Orange County business lawyer will explain that it means that the conduct must be more than a single isolated instance.
Contact an Orange County Business Attorney
If you have more questions about a sexual harassment claim, talk to an Orange County business lawyer. Call Daily Aljian, LLP at 949-861-2524.