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Sexual
Harassment FAQs
Every person has
the right to work or learn in a non-threatening,
non-coercive atmosphere of mutual respect.
Victims of sexual harassment may face
humiliation, loss of dignity, loss of morale,
absenteeism, psychological (and sometimes
physical) injury, and damage to their career and
professional reputation. Brett & Coats PLLC has a long history of representing
Washington State victims of sexual harassment.
While monetary compensation cannot change the
past, it can help victims to worry less about
medical bills, employment and rehabilitation,
and their future.
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How
do I successfully pursue a sexual harassment
claim?
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Who is liable for harassment?
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What type of damages or
compensation can I expect from a sexual
harassment claim?
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How is a dollar value
determined in a sexual harassment claim?
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How should I select a lawyer to
represent me?
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How much will it cost to hire a
lawyer?
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How long do I have to file a
claim?
1. How do I
successfully pursue a sexual harassment claim?
Under Federal Law, discrimination in employment
on the basis of sex, race and other grounds is
illegal and sexual harassment is considered
discrimination. The Washington State Law Against
Discrimination (RCW 49.60) prohibits sex
discrimination in employment including sexual
harassment. Under this law, individuals may file
a lawsuit in state court or file a complaint
with the Washington State Human Rights
Commission for one of two types of sexual
harassment: "quid pro quo" harassment
and "hostile work environment". Types
of claims include assault and battery,
infliction of emotional distress, or breach of
contract.
In a "quid pro quo" (in Latin meaning
"something for something") harassment
situation, employment decisions or expectations
(e.g. hiring, promotions, salary increases,
shift or work assignments, and performance
standards) are based on an employee's
willingness to grant or deny sexual favors. In
this situation, the harasser has authority to
make substantial employment decisions about the
victim. Examples of quid pro quo harassment
include requests for sexual favors in exchange
for raises, employment or promotions; stating or
implying that the victim will be demoted or
fired if they refuse to submit to a sexual
request.
Hostile Work Environment Harassment refers to a
work environment that is so filled with
harassment or similar unwanted behavior that it
interferes with the ability to do one's job and
is said to violate anti-discrimination laws. The
harasser can be a supervisor, co-worker, or a
non-employee such as a contractor or customer.
This type of harassment usually requires a
pattern of conduct, although a single serious
occurrence (such as an assault) can constitute
hostile work environment harassment. Examples of
this type of harassment includes such behavior
includes constant dirty jokes or comments,
repeated unwelcome passes, or a workplace
decorated with pornographic posters or other
intimidating behavior directed toward the victim
because of the their gender.
If your harasser is an owner, partner, officer,
manager, or agent, the employer may be held
liable regardless of whether they knew about the
harassment. If the harasser is a co-worker, a
supervisor, or a non-employee, the employer may
be held liable if (1) they knew or should have
known about the harassment, and (2) failed to
take immediate and appropriate action to correct
the problem. The Equal Employment Opportunity
Commission (EEOC) defines "supervisor"
as a person who, without regard to job title,
(a) "has authority to undertake or
recommend tangible employment decisions
affecting the employee; or (b) … has authority
to direct the employee's daily work
activities."
Under certain circumstances, the harasser may
also be held liable for his or her conduct.
It is important to remember that the victim does
not have to be the person harassed but can be
anyone affected by the offensive conduct.
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2. Who is
liable for harassment?
The promptness and appropriate action that an
employer takes to address sexual harassment with
their employees is the single most critical
issue in determining liability. An employer is
responsible for their own acts and the acts of
their agents - regardless of whether the acts
were authorized or forbidden by the employer and
regardless of whether the employer knew or
should have known about those acts.
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3. What type of damages or compensation can I
expect from a sexual harassment claim?
If a sexual harassment claim is successfully
pursued, the victimized employee may recover
damages that include lost salary, benefits,
emotional distress, loss of self-esteem, medical
costs and attorneys' fees. Importantly, the
harasser may also be held personally liable.
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4. How is a dollar value determined in a
sexual harassment claim?
At Brett & Coats PLLC, we have access to state, regional
and national publications, as well as
computerized data banks to identify similar
cases and project a solid estimate of the range
of awards made for similar claims. These
comparisons help us to secure the fairest
settlement with your employer's insurance
company. In situations where the insurance
company refuses to pay a fair settlement, our
attorneys have the skill to present real human
losses to a jury in a compelling way. Because
our experienced attorneys are always prepared to
take a claim to trial (and the insurance
companies know it), we can usually obtain a
favorable settlement that includes an
appropriate amount for general damages in an out
of court settlement. There are two ways to
approach estimating the monetary settlement
value of a sexual harassment claim and our
attorneys recommend that both be used to achieve
success. To find a total claim value, add up the
amounts you are entitled to for lost earnings to
date, future lost earnings, and general damages
for pain and suffering. Since damages such as
general damages for pain and suffering are
difficult to evaluate, the second method of
assigning a monetary settlement value is used.
Your attorney will review state, regional and
national publications and computerized databases
to find similar claims involving similar
individuals with similar injuries and similar
liability patterns to develop a statistical
analysis of your claim's value.
If you have been
sexually harassed, you should immediately report
it to your employer for investigation. It is you
employers' duty to ensure that you are protected
against sexual harassment once they are made
aware of the situation. You should also contact
a lawyer who will immediately begin work to
obtain all records and witness statements. At
Brett & Coats PLLC, we offer a free case
evaluation to determine the likelihood of a
recovery and the likely range of any recovery. Contact
us for your free case evaluation.
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5. How should
I select a lawyer to represent me?
When you select a
lawyer to represent you in a sexual harassment
claim, consider three factors:
Does
this lawyer have a reputation for excellent
legal ability and high ethical standards? The
Martindale-Hubbell Law Directory is a
twenty-four volume set listing almost all of the
lawyers in the United States and rating their
legal ability as A (very high to preeminent), B
(high to very high), C (fair to high) or no
rating. A rating of V is given for high-ethical
standards. At Brett & Coats PLLC, we are
proud of our Martindale Hubbell AV rating, the
highest available. The Martindale-Hubbell
directory is also available online at www.martindale.com.
But you don't have to rely solely on a
publication. You can ask people in our community
who have experienced the legal system, talk with
someone who works in the courthouse, or discuss
your situation with someone experienced in
sexual harassment claims. Ask a number of people
to see if any particular name keeps coming up.
Also, look at the Brett & Coats PLLC attorney
profiles to see that our firm's attorneys
are well qualified to handle sexual harassment
claim. For example, Dean Brett has repeatedly
been selected as a "Superlawyer" by Washington
Law & Politics Magazine, and has been
selected as a Fellow of the American College of
Trial Lawyers. Dean Brett has served on the Board of
Governors of the Washington State Trial Lawyers
Association, the state-wide group dedicated to
fighting for victims of negligence.
Does
this lawyer have experience handling sexual
harassment cases? If you have been sexually
harassed, a divorce attorney or a lawyer who
works in estate planning cannot provide the best
representation. You need to hire an experienced
employment law attorney with the credentials to
effectively represent your interests. Relatively
few lawyers devote most of their practice to
representing individuals with claims for sexual
harassment. Before you hire a lawyer, you should
know how many times the attorney has actually
gone to court on a similar claim. Ask for
specific cases with specific results. Remember,
when you talk to a lawyer you are interviewing
them for a job working for you. Look at their
resume. You may also be interested in looking at
our results case
results.
Does
this attorney inspire trust and confidence? You
should hire a lawyer in whom you feel
comfortable placing your trust and confidence.
Remember, the lawyer is going to be employed by
you, to represent you. Sexual harassment is a
sensitive subject and you need someone easy to
talk to, as well as someone who will explain and
advise on your situation. The best way to
determine your comfort level is to personally
meet the lawyer. If you want to take things a
step at a time, talk to the lawyer on the phone
and test your comfort level prior to scheduling
an appointment. At Brett & Coats PLLC, we
offer a free case evaluation to help determine
the likelihood of a successful claim and the
likely range of any financial recovery. This is
an excellent opportunity to decide if you are
comfortable placing your trust and confidence in
a lawyer at Brett & Coats PLLC. Contact us
for your free case evaluation.
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6. How much
will it cost to hire a lawyer?
At Brett & Coats PLLC, our clients have a choice in how
they pay for legal services. We can charge on an
hourly basis or on a contingency fee.
If you choose to
hire us on an hourly basis, we will track the
time our lawyers and paralegals spend on your
case and bill you monthly. Our hourly rates
range from $225 for lead trial attorneys to $185
for associate trial lawyers and $80 for
paralegals. On hourly billings, there are two
basic rules: all fees and costs must be paid
monthly and our firm is paid regardless of
whether your claim is won or lost.
With a
contingency fee arrangement, we are paid
one-third of any recovery by settlement or
judgment. If there is no recovery, you owe us
nothing for our legal services. However, you
must pay your own costs, such as the charges
doctors make for providing records and reports,
out of the money you receive when the case is
settled.
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7. How long do I
have to file a claim?
There are strict
time frames in which charges of employment
discrimination must be filed. To preserve our
ability to act on your behalf and to protect
your right to file a private lawsuit, should you
ultimately need to, do not delay in contacting a
Brett & Coats PLLC attorney. Contact
us today.
Developing a
successful legal strategy in a sexual harassment
claim is best left in the hands of an
experienced employment law attorney. At Brett & Coats PLLC, we offer a free case
evaluation to determine the likelihood of a
recovery and the likely range of any recovery. Contact
us for your free case evaluation.
The information
contained on this Website is offered as a
service to educate the public and encourage
accident victims to seek legal advice. The
following information should not be considered
as legal advice or applied to an individual
legal situation. For expert counsel on your
legal situation, consult with an experienced
Brett & Coats PLLC attorney.
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