New Hampshire Sexual Harassment Lawyer
Sexual Harassment – Sexual harassment happens frequently in New Hampshire. According to the New Hampshire Commission for Human Rights, which is the state agency responsible for investigating discrimination claims, there were 318 complaints of employment discrimination filed for 2007. In the United States, approximately 14,000 charges for sexual harassment were filed in 2008 with the Equal Employment Opportunity Commission. Our NH sexual harassment lawyers want to successfully resolve your claim.
Sexual harassment can take many forms. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment which is severe or pervasive when this conduct explicitly or implicitly affects an individual’s employment, unreasonably interferes with an individual’s work performance, or creates an intimidating, hostile, or offensive work environment.
NH Sexual Harassment Lawyers
Sexual harassment can occur in a variety of circumstances, including but not limited to the following:
- The victim as well as the harasser may be a woman or a man.
- The victim does not have to be of the opposite sex.
- The harasser can be the victim’s supervisor, an agent of the employer, a supervisor in another area, a co-worker, or a non- employee.
- The victim does not have to be the person harassed but could be anyone affected by the offensive conduct.
- Unlawful sexual harassment may occur without economic injury to or discharge of the victim.
- The harasser’s conduct must be unwelcome.
It is helpful for the victim to inform the harasser directly that the conduct is unwelcome and must stop. The victim should use any employer complaint mechanism or grievance system available to report or make a complaint.
We understand the sensitive and difficult nature of these cases and the emotional upset caused by the harassment. We are dedicated to providing victims of sexual harassment with dignity and respect. For many reasons it can be difficult for victims to decide to report the harassment and pursue their legal claims. Time is of the essence because sexual harassment cases have strict time limits in order to pursue such claims.
Insurance companies and employers know our reputation for going to trial with successful results for our clients. This gives us leverage to get you the compensation you deserve for your sexual harassment claim. If you have been victimized by sexual harassment on the job, our NH sexual harassment lawyers have years of trial experience in successfully handling sexual harassment claims. Contact our New Hampshire sexual harassment attorneys at Douglas, Leonard & Garvey. Our experienced NH employment law lawyers will represent you against your employer and the insurance company at the EEOC, NH Commission for Human Rights or in court. If you have a NH sexual harassment claim, contact our NH sexual harassment lawyers at 1-800-240-1988 for a free evaluation or fill out our online form.
Leering, i.e., staring in a sexually suggestive manner
Making offensive remarks about looks, clothing, body parts
Touching in a way that may make an employee feel uncomfortable, such as patting, pinching or intentional brushing against another’s body
Telling sexual or lewd jokes, hanging sexual posters, making sexual gestures, etc.
Sending, forwarding or soliciting sexually suggestive letters, notes, emails, or images
Unlawful harassment is a form of discrimination that violates state and federal laws.
Unwelcome verbal or physical conduct based on race, color, religion, sex (whether or not of a sexual nature and including same-gender harassment and gender identity harassment), national origin, age (40 and over), disability (mental or physical), sexual orientation, or retaliation) constitutes harassment when:
1. The conduct is sufficiently severe or pervasive to create a hostile work environment; or
2. A supervisor’s harassing conduct results in a tangible change in an employee’s employment status or benefits (for example, demotion, termination, failure to promote, etc.).
This occurs when unwelcome comments or conduct based on sex, race or other legally protected characteristics unreasonably interferes with an employee’s work performance or creates an intimidating, hostile or offensive work environment. Anyone in the workplace might commit this type of harassment — a management official, co-worker, or non-employee, such as a contractor, vendor or guest. The victim can be anyone affected by the conduct, not just the individual at whom the offensive conduct is directed.
Harassment that results in a tangible employment action occurs when a management official’s harassing conduct results in some significant change in an employee’s employment status (e.g., hiring, firing, promotion, failure to promote, demotion, formal discipline, such as suspension, undesirable reassignment, or a significant change in benefits, a compensation decision, or a work assignment). Only individuals with supervisory or managerial responsibility can commit this type of harassment.
A claim of harassment generally requires several elements, including:
1. The complaining party must be a member of a statutorily protected class;
2. S/he was subjected to unwelcome verbal or physical conduct related to his or her membership in that protected class;
3. The unwelcome conduct complained of was based on his or her membership in that protected class;
4. The unwelcome conduct affected a term or condition of employment and/or had the purpose or effect of unreasonably interfering with his or her work performance and/or creating an intimidating, hostile or offensive work environment.
The anti-discrimination statute are not a general civility code. Thus, state and federal law does not prohibit simple teasing, offhand comments, or isolated incidents that are not extremely serious. Rather, the conduct must be so objectively offensive as to alter the conditions of the individual’s employment. The conditions of employment are altered only if the harassment culminates in a tangible employment action or is sufficiently severe or pervasive to create a hostile work environment.
These may include:
Use of racially derogatory words, phrases, epithets
Demonstrations of a racial or ethnic nature such as a use of gestures, pictures or drawings which would offend a particular racial or ethnic group
Comments about an individual’s skin color or other racial/ethnic characteristics
Making disparaging remarks about an individual’s gender that are not sexual in nature
Negative comments about an employee’s religious beliefs (or lack of religious beliefs)
Expressing negative stereotypes regarding an employee’s birthplace or ancestry
Negative comments regarding an employee’s age when referring to employees 40 and over
Derogatory or intimidating references to an employee’s mental or physical impairment
Employers and their insurance companies have experienced lawyers on their side. With our employment lawyers on your side, we level the playing field. While some employment cases settle without filing a lawsuit, you need a skilled and aggressive employment lawyer so you get fair compensation. Douglas, Leonard & Garvey has the reputation and experience of being a trial law firm. What makes our law firm different is that employers and insurance companies know that we will take a case to trial if they do not offer fair compensation. If you have an inexperienced lawyer that isn’t used to going to court, you won’t have that leverage on your side. It is that leverage or the threat of taking a case to trial that gives you an advantage in your case.
The attorneys at Douglas, Leonard & Garvey have years of trial experience in handling employment cases. Choosing the right lawyer may mean the difference between success and failure.