Memphis Workplace Harassment Attorney
Facing harassment in the workplace can serve not only as a significant distraction from your job duties, but may make employees feel unsafe and unwelcome in their place of employment. However, both federal and Tennessee laws disallow certain harassment in the workplace, which means you may have legal options if you are harassed at work.
Tennessee and Federal law make workplace harassment based on a number of certain protected traits illegal. Examples of these traits include:
- National Origin Disability
- Genetic information
A legitimate harassment claim does not necessarily have to be directed against a manager or supervisor. An employee in Memphis may file a harassment claim if harassment is allowed by their employer by other persons as well including co-workers, and sometimes even a customer. In some circumstances, employers may even be subject to liability for failing to prevent harassment.
Unfortunately, sexual harassment is one of the most common forms of harassment that workers in Memphis and across the country encounter. Sexual harassment often includes but is not limited to offensive touching, requesting sexual favors, indecent gesturing or exposure, using vulgar or sexually explicit language, and displaying sexual images. Almost any activity which is offensive to an employee based on their sex may be a claim if the activity is pervasive.
Filing a Harassment Claim
An employee should report any harassment to their employer if possible. Many employees begin seeking out legal help when harassment continues despite their efforts to report incidents to their supervisor or their human resources department. If an employee’s attempts to resolve a harassment matter internally are unsuccessful, they can file a claim with the Equal Employment Opportunity Commission (EEOC). An employee may retain an attorney to help them through the EEOC process as it can be tricky.
The EEOC enforces laws that prohibit discrimination in the workplace, including harassment. Once a claim is filed with the EEOC, they will investigate the incident. Going through the EEOC process is required before filing a lawsuit based on illegal harassment in federal court.
Identifying Incidents of Harassment
Generally speaking, minor isolated incidents will not constitute harassment. To meet the legal requirements of harassment, the behavior in question must be so severe that a reasonable person would find that it creates a hostile workplace.
Any evidence a Memphis employee has in the form of email correspondence, photographs, or co-worker testimony could be helpful in a Memphis workplace harassment attorney’s assessment of their claim.
In addition to assisting with harassment claim, a workplace harassment lawyer in Memphis could also help if their client experiences any negative treatment at work after they file their claim. This type of behavior is referred to as employer retaliation, and is prohibited by law.
Contact a Memphis Workplace Harassment Lawyer Today
The thought of filing a harassment claim can seem like a daunting task, but having an attorney available to assist throughout the entire process could help you approach this situation with more confidence.
If you are employed in a hostile work environment and would like to speak to a Memphis workplace harassment lawyer, feel free to reach out and set up a complimentary initial consultation to discuss your potential harassment claim and any other employment issues you are facing. The Employment and Consumer Law Group can help you.
Contact us today to schedule a free consultation.