An employment law attorney in Bronx who is representing an employee in a sexual harassment case has several aims in mind when taking a deposition. For example, an employment law attorney in Bronx want to uncover evidence that helps substantiate that the advances or behaviors were unwelcome and that the conduct was offensive. Additionally, evidence that shows that the employee was injured on a psychological level or that his or her employment was altered can also help provide a stronger basis for the employment law attorney in Bronx to seek more substantial damages.
A Bronx employment law lawyer who is retained by the employer has different objectives. For example, he or she wants to try to find evidence that negates these factors. An employment law attorney in Bronx who is working for an employer might try to find evidence about the employee’s speech or dress. In some cases, the employment law attorney in Bronx might try to find out information about the employee’s sexual conduct outside the workplace or with individuals other than the alleged harasser. Another potential defense that a Bronx employment law lawyer might try to raise is that the alleged offender’s conduct was directed at individuals regardless of their gender. This defense is an attempt on the part of the employment law attorney in Bronx to show that the behavior was general harassing behavior and not sexually harassing.
An employment law attorney in Bronx has another critical piece of evidence that he or she is searching for. An attorney has to show that a “tangible employment action” occurred due to the sexual harassment. This action might be a discharge, demotion, change of schedule or other unfavorable outcome related to the job.
Finally, an employment law attorney will investigate whether the employer exercised reasonable care in preventing and correcting sexual harassment. This may be shown by providing evidence of a policy against sexual harassment or training that was provided to protect against sexual harassment. An employer wants to show that he or she has thoroughly investigated and remedies complaints of this nature. He or she also wants to show that the employee did not prevail himself or herself of this corrective action.
A Bronx employment law lawyer can discuss other objectives regarding depositions in your sexual harassment case. Call the Law Office of Delmas Costin, Jr. at 718-618-0589 to schedule a consultation.