3 Things To Do If You Are Sexually Harassed in Idaho
There are 3 things you should do if you are sexually harassed at work in Idaho.
I. REPORT THE ACTS OF SEXUAL HARASSMENT TO YOUR EMPLOYER.
In Idaho, an employee who has been sexually harassed at work should immediately report the incident to management at work to protect your legal rights and remedies. If the entity is a corporation, you should register a complaint and file a report with the Human Resources Manager. If it’s a sole proprieter, partnership, or LLC, you should report the offender to management. It doesn’t matter if the harassment comes by way of an owner, supervisor, co-worker or customer of the business. You should report the incident to management to make a record. You need to make it clear to the abuser that you aren’t interested in the approach.
Over the past 33 years, Mr. Morton has represented clients who have had a variety of acts of harassment perpetrated against them at work including claims associated with verbal unwelcomed sexual advances to unlawful touching.
An employer that reports the incident to their insurance carrier or retains an attorney will typically assert a variety of defenses pertaining to these types of claims including:
1) "We had no knowledge of the alleged act(s)" Defense.
Employers typically claim that they had no knowledge of the alleged wrongdoing and, therefore, they aren’t responsible for any claims associated with the acts of sexual harassment. That defense and a bus token can buy them a ride. It’s frivolous. But to be sure, you should take your verbal complaint to management as soon as you can in order to protect you, your claim and even your job. Failure to make a definitive claim to your employer could be construed that you were complacent in the event. That brings us to the second commonly used defense asserted by employers ...
2) "She loved it" Defense.
Employers also argue that the alleged acts were not only unwelcomed, they were invited by the complainant! It’s not enough to assert that the perpetrator was making sexual advances to a complainant at work. It must be asserted that the acts were unwelcomed in order to constitute a valid claim for sexual harassment in the workplace.
By reporting the incident to your employer early, that helps refute the claim that by th eemployer later that the acts were welcomed on your behalf and, therefore, not actionable.
II. FILE A TIMELY "CHARGE OF DISCRIMINATION" WITH THE IDAHO HUMAN RIGHTS COMMISSION AND THE EEOC.
In Idaho, in order to obtain any damages for alleged acts of sexual harassment, you must file a document with the Idaho Human Rights Commission and in some cases the U.S. Equal Employment Opportunity Commission (EEOC) called a "Charge of Discrimination" within 300 days from the onset of the sexual harassment. Failure to file a timely Charge of Discrimination could bar you from filing a lawsuit thereafter. Once the Charge of Discrimination is filed, the employer will be given an opportunity to file an answer, and then you will be given the opportunity to file a reply. Thereafter, the Idaho Human Rights Commission will conduct an investigation regarding your claim unless the complainant requests a "right to sue letter" to initiate a lawsuit.
Failure to file the timely Charge of Discrimination within 300 days of the event is prejudicial to your legal rights and remedies and prejudice your ability to file a lawsuit thereafter. Hence, it is imperative that you pursue your claim in a timely manner.
III. CONSULT WITH AN EXPERIENCED ATTORNEY THAT REPRESENTS CLAIMANTS IN CLAIMS INVOLVING SEXUAL HARASSMENT.
There exists a number of attorneys who represent sole proprietors, partnerships, LLC’s and corporations in claims involving sexual harassment. Whether you hire an attorney or not, it is likely that once a business is contacted by the Idaho Human Rights Commission or EEOC, the business will consult with and likely retain an attorney to try to eliminate or minimize any responsibility for the alleged acts of sexual harassment.
Consulting with an attorney who is experienced in representing claimants with claims of sexual harassment can help you frame your Charge of Discrimination as well as prepare and pursue your claim in a timely and effective manner. Unrepresented claimants are notorious when it comes to leaving out facts in their Charge of Discrimination that are important to support their claim which can be fatal to the claim. Consulting with and retaining an experienced attorney can help you put your case together in an effective manner.
BOISE SEXUAL HARASSMENT TRIAL ATTORNEY ALAN MORTON HAS OVER 33 YEARS OF EXPERIENCE HELPING VICTIMS OF SEXUAL HARASSMENT.
It’s important for you to talk with an experienced sexual harassment attorney before you start the process of making a Charge of Discrimination. There are a number of good attorneys who are willing to provide you with a free initial consultation to discuss the facts of your case. Boise Sexual Harassment Trial Attorney Alan Morton has over 33 years of experience in helping victims of sexual harassment obtain compensation for unwelcomed sexual advances and other forms of sexual harassment. Mr. Morton is available to meet with you at his office or your home, workplace, hospital or any other convenient location to provide you with an initial free consultation to discuss your case in order to help you better understand your legal rights and remedies. He has represented claimants of sexual harassment all throughout the State of Idaho and beyond. You can contact Mr. Morton to schedule an initial free consultation by calling 208.344.5555 or toll free at 888.716.8021 or by completing an online contact form. You may wish to review the testimonials of Mr. Morton’s former clients who he has represented in the past. Mr. Morton understands the fear and the frustration his clients face when they are pursuing a claim for sexual harassment, but he has been successful in helping clients reduce their stress, worry and concern as he pursues their legal rights and remedies. The insurance companies that insure businesses for claims involving sexual harassment know the name "Alan Morton" and it is wise to retain an experienced trial attorney who has years of experience in helping victims seek justice of acts of unwelcomed sexual harassment. Give him a call or write him a note. He would be happy to visit with you in a confidential setting to help determine whether you have a valid claim for damages arising from sexual harassment.