Although most employers take the necessary precautions to ensure the safety of their employees, there are employers who don’t want to spend the time, resources or money to implement such policies and precautions. If your employer failed to prevent sexual harassment against you – either by another employee or by a customer – you might have grounds to sue. Of course, you have to consider all of the legal requirements to file a lawsuit.
Because the U.S. has become increasingly litigious in the last several years, it is important that you have a strong case if you’re going to sue your employer. Failing to prevent sexual harassment by itself is not an offense for which your employer will be monetarily liable. However, if he was negligent in his duties as a boss, you might have a case. These types of allegations are difficult to prove, and often never make it to court.
Above, I mentioned the word ‘negligent’ in association with your boss. If an employer fails to prevent sexual harassment based on his own negligence, it is very possible that a jury will find him liable for your injuries. For example, if you tell your boss that a coworker has been making you feel uncomfortable, and that he consistently makes unwanted advances, your employer is obligated to take action. If he doesn’t and you are harassed, you have the right to seek justice.
Of course, your employer has the right to present a defense, and you’ll need evidence that he failed to prevent sexual harassment against you when the situation was avoidable. If you told your boss that you were having trouble with another employee, but you didn’t write it down, there is no proof whatsoever that you ever filed a complaint. Furthermore, your boss and your attacker may very well join forces to discredit you in the eyes of the law.
In many cases, your greatest ally against your employer may be the media. Tell the radio stations, the television networks and the newspapers how your boss failed to prevent sexual harassment in the workplace. You may not be comfortable being under the spotlight, but this is only a practice round before you appear in court. Lawsuits against companies or individual employers are almost always dragged out into the public, which means that you’ll have to deal with the press anyway.
It is also a good idea to hire a lawyer as soon as you know you want to sue your employer for failing to prevent sexual harassment. The sooner you receive legal advice, the better your chances in court. The attorney can help you decide on a legal strategy, collect evidence, and prepare for your testimony at trial. Furthermore, an attorney is a valuable source of support when you begin to feel tired and frustrated during the course of the investigation.
If you don’t want to sue your employer, but he failed to prevent sexual harassment, you can also pursue the matter in a criminal capacity. Let the authorities know what is going on at the company, and inform the police of any steps you too to prevent the situation yourself. Even if your boss wasn’t the person who harassed you, he can be found criminally liable if he was negligent in his duties.
