Our Bronx Employment Lawyer Addresses Proving Sexual Harassment

Bronx Employment LawyerClients sometimes ask our Bronx employment lawyer how they can best prepare for a sex harassment deposition. Prior to the deposition, you will need to meet with your attorney to ensure that your clearly understand the key elements of the case. Your lawyer will discuss a case strategy with you and talk about what theories you need to prove in the case. He or she will review the jury instructions with you and clarify the main points. After he or she explains the legal strategies, your Bronx employment lawyer will tell your how the facts and the legal aspects of your case connect to each other.

Understanding the Scope of the Related Laws

While most people think that “harassment” is against federal law, anti-harassment only applies in specific situations. The government does not have an all-encompassing ban against harassment. Instead, Title VII only prohibits harassment against some discriminatory remarks that pertain to sex, religion, national origin, race and/or color. Even when the employee is allegedly a victim of sexual harassment, he or she will need to prove numerous points in order to win a case. For example, the jury will need to agree that the harassment was both unwanted and serious enough to meet the criteria.

Possible Jury Instructions in a Sexual Harassment Case

The plaintiff is requesting damages from the defendant due to a sexually hostile work atmosphere while working for the listed defendant. In order determine if the work environment was sexually hostile, the plaintiff will need to prove each and every point by a preponderance, or more than 50 percent, of the evidence:

  • The plaintiff was subjected to verbal or physical sexual treatment or to sexual advances or other requests for sexual conduct;
  • The conduct was unwanted;
  • The conduct was serious enough to affect the terms of the plaintiff’s employment and to create a hostile or sexually abusive work environment;
  • According to the plaintiff’s perception, the work environment was abusive; and

Another person in the plaintiff’s situation would also believe that the work environment was hostile or abusive. Furthermore, the jury will consider whether the totality of the situation constituted a sexually hostile work environment. The following factors will be considered: the frequency of the sexual conduct; the seriousness of the conduct; the nature of the conduct as to if it was offensive, threatening or demeaning; and if the conduct affected the employee’s ability to do his or her job.

Call Our Bronx Employment Lawyer

If you have additional questions about a sexually hostile work atmosphere, contact our Bronx employment lawyer at the Law Offices of Delmas A. Costin Jr. Call us at (877) 440-0854.

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