Sexual Harassment Attorney in the Metro Atlanta Area 

Undeniably, sexual harassment is a distressing and violating ordeal for an employee, and it can also introduce significant complications for the employer. Unfortunately, this creates a full-circle situation that impacts everyone within the workspace.

Whether you're an employee or employer, getting to the bottom of the situation is advisable to prevent bigger problems. With the right knowledge and resources, you can get back to a healthy workplace.  

It starts with identifying the harasser. A harasser can be: 

• Supervisors 

• Co-workers 

• Contractors and agents of the employer 

• Non-employees 

• Individuals of any gender or gender identity 

Any of these harassers could give unwelcome sexual advances, requests for sexual favors, other verbal or physical conduct of a sexual nature, or harassment based on gender, including same-gender harassment or gender identity harassment. 

Employee Responsibilities

Both employees and employers have responsibilities when it comes to dealing with sexual harassment. Employees should notify management of any harassment they experience or witness and take the following steps:  

• Acknowledge the Situation: Recognize that what you're experiencing is not your fault and it's not acceptable. Sexual harassment can take many forms, including unwelcome sexual advances, inappropriate physical contact, or offensive comments. 

• Document the Incidents: Keep a detailed record of each occurrence, noting the date, time, location, individuals involved, and any witnesses. This documentation can be crucial evidence if you decide to file a claim. 

• Confront the Harasser (If Safe): If you feel comfortable doing so, tell the harasser directly that their behavior is unwelcome and must stop. However, your safety is paramount, so only do this if you feel it's safe. 

• Report to Management: Notify your supervisor, HR department, or any appropriate person in management about the harassment. Provide them with all the details and any evidence you've collected. 

• File a Claim with the Equal Employment Opportunity Commission (EEOC) or Georgia Department of Labor: If management fails to take sufficient action, you can file a claim with these bodies. Remember, you have 300 days from the date of the last incident to file your claim. 

• Seek Legal Advice: Consider contacting Fox & Weiss, P.A. for guidance. They can help monitor the progress of your claim and determine if you have a strong enough case to file a civil lawsuit against your employer. 

• Take Care of Yourself: Sexual harassment can take a toll on your mental and emotional health. Don't hesitate to seek support from friends, family, or a mental health professional. 

Employer Responsibilities

Employers aren't just bystanders in issues of workplace harassment; they have a significant role to play. They're responsible for maintaining a work environment that's free from sexual harassment.  

This implies providing effective policies against harassment, conducting regular training sessions to educate employees about their rights and responsibilities, and ensuring prompt and thorough investigation of any complaints. After being notified, employers must take immediate and appropriate action to prevent the continuation of such behavior and ensure a non-hostile work environment.  

But what happens when an employer falls short of these expectations? They can be held liable for any harassment that occurs under their watch. If the employer knew or should have known about the harassment and failed to take immediate and appropriate action, they could face legal consequences. 

Attorney Clifford Weiss isn't just an advocate for employees; he also represents businesses. He works with employers to help them understand their responsibilities and liabilities concerning workplace sexual harassment. He assists with creating employee handbooks, conducting supervisor training programs, and developing workplace policies to address issues such as discrimination and harassment. 

Examples of Sexual Harassment

Both employees and employers need to understand what might constitute sexual harassment in the workplace. Some examples include:  

• The creation of a hostile work environment through discriminatory practices based on race, gender, age, religion, disability, or national origin. 

• Quid pro quo harassment, where an employee is told that their continued employment or promotion depends on granting sexual favors. 

• Sexual harassment between any two people in the workplace, including co-workers, contractors, and non-employees. 

• Instances where submission to or the rejection of sexual advances becomes a condition for making employment decisions. 

• Situations where conduct of a sexual nature adversely interferes with an employee’s performance. 

• Circumstances where sexual conduct produces a hostile, offensive, or intimidating work environment. 

Attorney Clifford Weiss proudly assists both individuals and businesses in understanding these examples and navigating the related issues.  

Federal Law: Title VII of the Civil Rights Act of 1964

Within employment law, Title VII prohibits sexual harassment in workplaces with 15 or more employees. It labels unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature as sexual harassment when it interferes with an individual's work performance or creates an intimidating, hostile, or offensive work environment. 

It also protects against retaliation for opposing discriminatory practices or participating in investigations or proceedings under the Act. The U.S. Equal Employment Opportunity Commission (EEOC) enforces this law. 

Retaliation Is Prohibited

Finally, it's crucial to note that retaliation against individuals who report or oppose sexual harassment is strictly prohibited by law. Employees have the right to make complaints without fear of adverse consequences. If you suspect you've been the victim of retaliation, Fox & Weiss, P.A. encourages you to reach out for legal guidance. He is committed to ensuring that your rights are protected and that you are treated with the respect and dignity you deserve.