Sadly, workplace harassment is more common than many people are aware of or would like to admit in many parts of the country. So, it is worth mentioning how this is not just a California problem but a general one. However, the stats show how sad the narrative is in the Golden State and how more needs to be done to change the narrative.
For example, well over 5000 workplace harassment complaints were filed to appropriate authorities in California in the year 2021. More troubling is that slightly over a fifth of them came from one county – Los Angeles County.
This calls for a more proactive approach to dealing with this issue, especially in this county. Well, employees have a huge role to play in this. For starters, they need to be abreast with labor laws in this regard. For more information on this, you can visit: https://www.worklawyers.com/.
Furthermore, they need to understand the role of employment attorneys in safeguarding their labor rights. This article intends to shed light on this subject. You are advised to follow through given how important this subject is.
Fighting Workplace Harassment in LA, California with an Employment Lawyer
Of course, there are labor rights in LA County and the entirety of California that protect the interests of employees. However, experience has shown how some things do not happen in the legal sphere until they are made to happen.
In other words, employees must learn to insist on their rights even in the face of violations in the workplace. This may require engaging the service of an employment lawyer in Los Angeles as they know better and are better positioned to protect your labor rights in this regard. For a clearer perspective, below are some ways they can help safeguard your rights in the workplace:
Situation Assessment
Many workplace harassment complaints are being filed yearly as noticed early on in the article. However, some of them have very little or no legal basis. As a result, many complainants are likely to get nothing out of this.
Refusal to have an employment lawyer assess the situation is usually responsible for this. This is because these legal professionals are in a better position to know if there is a substantial ground(s) for filing a claim.
Besides identifying whether or not there is a ground(s) for filing a claim, the services of an employment lawyer come in handy for several other things. For example, they can play a crucial role in evidence gathering.
Legal Expertise
There are labor laws dictating what qualifies as workplace harassment, how to prevent it, and measures to be taken if these rights are violated. Many employees do not know anything or enough about these laws.
This is even though it concerns them. Well, the expertise of an employment attorney comes in handy for this purpose. These legal professionals are usually vast in these laws and can offer clarifications.
By the way, there are several laws on this subject. By and large, there are federal and state laws. For example, the California FEHA (Fair Employment and Housing Act) is a state law on this subject. On the other hand, the 1964 Title VII of the Civil Rights Act is a federal law on this subject. You can click here if you are interested in finding out more about this federal law and its modifications over time.
Filing Complaints
For starters, there are pertinent authorities to which workplace harassment complaints are supposed to be directed. Just as with laws, there are local and federal authorities to which these complaints can be directed.
For example, the California DFEH (Department of Fair Employment and Housing) is the state authority that accepts such complaints. On the other hand, the EEOC (Equal Employment Opportunity Commission) is the federal body that accepts such complaints.
There are procedures for filing complaints to either body. Furthermore, filing such complaints improperly can defeat the purpose of filing them in the first place. Employment lawyers in Los Angeles are well aware of how to go about properly filing workplace harassment complaints.
By the way, there are statutes of limitations that apply to workplace harassment cases in this part of the country. What this means is that time is of the essence when filing these claims and an employment attorney understands this. However, this also calls for promptly calling the attention of employment lawyers to the situation.
Negotiation & Settlement
Not all workplace harassment cases have to be resolved within the four walls of a courtroom. Sometimes, out-of-court settlement does as much or probably more good than resolutions after litigation representation.
For example, having to relive certain experiences during litigation representation can be traumatic for some people. Furthermore, the process takes time and can be physically stressful.
So, an out-of-court settlement can be reached between all parties after successful negotiations. The settlement can take any or many forms including workplace policy changes and financial compensation for the damage(s) caused.
Litigation Representation
As physically and emotionally stressful as the process can be, some issues have to be resolved within the four walls of a courtroom. This is especially true if out-of-court negotiations are unsuccessful or the employer fails to admit any wrongdoing. Employment attorneys are well-trained to handle all aspects of litigation representation, including:
- Case presentation
- Arguing cases with relevant legal points to back up their position
- Advocating for the rights of their client
By the way, it is legally possible for people to legally represent themselves. “Pro se” is the technical name for this. However, such people usually have a very slim chance of coming out on top. This is even when the case is in their favor.
The reason is that case presentation, arguing their case with relevant legal points to back them up, and legally advocating for their rights, are not their area of core competence. This further stresses the need to engage an employment attorney for anything related to workplace harassment. For more on this subject, you can visit: https://marketbusinessnews.com/.
Conclusion
In the spirit of protecting their rights in the workplace, employees in Los Angeles and everywhere else are advised to be aware of labor laws protecting their interests. Furthermore, they should be very open to hiring employment lawyers for anything related to workplace harassment.
