After working hard to obtain a professional license from the California Board of Accountancy, you deserve a safe and conducive environment to discharge your duties safely and effectively. However, this does not always happen, as some employers and colleagues disregard laws against discrimination and harassment. The Equal Employment Opportunity Commission, or EEOC, advocates for discrimination-free working environments for all. The commission prohibits all forms of discrimination, including sexual harassment based on a person’s color, age, race, disability, nationality, gender identity, sexual orientation, religion, or sex.
If you suspect that your employer is sexually discriminating against you, we can help you fight for justice and compensation for all the resulting damages. Our competent attorneys at Sexual Harassment Attorney are conversant with all work-related discrimination and harassment laws. We can build a solid case against your employer to push for a favorable outcome.
EEOC and Sexual Harassment Against Accountants
Working in a safe or conducive environment benefits you, your clients, and your employer. Even with the best accounting skills, workplace harassment or discrimination can impact your productivity, making you perform poorly. The Equal Employment Opportunity Commission is an Act designed to make workplaces safe and conducive for all workers, regardless of their qualifications, ethnicity, religious beliefs, nationality, or any other difference they exhibit from other people. The law prohibits all forms of discrimination and harassment in workplaces. It encourages victims of workplace sexual harassment to pursue compensation and justice against their employers.
EEOC prohibits different forms of harassment or discrimination, including sexual harassment. This form of harassment could be based on a worker’s sexual orientation, beliefs, nationality, or gender. Experience any unwarranted sexual advances from an employer or colleague, or they ask for sexual favors for a position or favorable treatment in your workplace. You can take action against your employer. Harassment and discrimination happen to all accountants, including entry-level professionals and experienced accountants. It also happens to men and women equally, and your harasser can be of any gender. This law protects you regardless of your sexual orientation.
Sexual discrimination laws prohibit anyone from making sexual comments like teasing or acts like touching another person against the person’s will. If this happens in the workplace, it can amount to workplace harassment. Any such act that creates an unsafe, hostile, or unfriendly workplace environment for a worker can result in civil action against you or your business. For example, an employer or supervisor who repeatedly makes mean sexual comments about a particular worker risks a lawsuit for sexual harassment. EEOC considers sexual harassment as sexual-related harassment that is severe and continuous to the extent of creating an unwelcoming or hostile working environment for one or more workers.
If you are a victim of sexual harassment and you are an accountant, federal law provides you with a guideline through which you can take action against your employer or harasser. If a colleague continuously harasses or discriminates against you and your employer does nothing to remedy the situation, they are liable for all the damages you incur. Federal law charges employers responsible for creating safe and conducive working environments for all employees. An employer who commits sexual harassment against you, and the one who does not take action after repeated reports of sexual harassment against you by your seniors, is equally liable for all the damages you incur due to that harassment.
Types of Sexual Harassments Accountants Face Everyday
When filing a sexual harassment case against your employer, you must prove that the acts committed against you physically, verbally, or emotionally were unlawful and against your consent. If, in any way, you welcomed any sexual act by your alleged harasser, you could lose in the case against your employer. Any claim filed with EEOC by victims of sexual harassment is taken through a thorough investigation to determine its authenticity and gather credible evidence. Your employer is also given a chance to file evidence to counter your allegations. The judge always rules in favor of the strong case. Thus, you must make your case strong with credible evidence to win.
To help accountants facing workplace sexual harassment file strong cases against their employers, the EEOC provides a list of unlawful acts that could amount to sexual harassment. They include the following:
- The display of sexually explicit materials in the office or any other working environment
- Making all kinds of sexual gestures, including sexual noises, to offend or annoy another person
- Establishing physical contact with a sexual motive, including intentionally rubbing or touching a person’s body, brushing against them, pinching or hugging them
- Sharing unwelcome sexual stories or jokes
- Staring at a person for prolonged periods or checking them out as they walk by
- Sending annoying sexual messages, emails, or notes
- Sending an unwelcome sexual video or image, or pornographic gifts, memes or images
- Making sexual comments towards a person according to their general physical appearance or specific body part
- Questioning about a person’s sexual orientation, preference, or past sexual encounters
Sexual harassment against accountants happens not only in the confines of their offices but also in other places within their workplace or at a workplace event. It can happen as you carry out a work-related task outside the office. If the harassment is unwelcome, humiliating, sexual-related, and continuous, you could have a strong case against your employer. Thus, consider any act by an employer, coworker, or supervisor that is humiliating, intimidating, or offensive as harassment. You can raise the issue with the human resources department or the EEOC if your employer does nothing to make your working environment safer or more suitable.
Sexual Acts that Do Not Qualify as Workplace Sexual Harassment
When filing a sexual harassment claim against your employer, ensure you have a strong case to win. Your employer will use various strategies to fight your case and avoid taking responsibility for your damages. They can water down your case or refute your claims about facing sexual harassment in the workplace. Thus, it is helpful to understand that not all sexual acts committed in your workplace amount to sexual harassment. This knowledge will help you determine the strength of your case and make an informed decision.
Remember that sexual harassment is a sexual act committed by and against the same person repeatedly over a particular period. If a co-worker or employer only said or did something against you once or twice, you do not have solid grounds to file a workplace sexual harassment case against them. The act must also make you uncomfortable, humiliated, or intimidated. You must demonstrate this feeling in court to win the case against your employer. Additionally, sexual harassment must make your working environment uncomfortable or hostile for you.
If, at some point, you managed to make your harasser stop making mean or insulting comments against you, you do not have valid grounds for filing a workplace harassment lawsuit against them. If they stopped after receiving a warning from your other colleagues, supervisor, or employer, you cannot bring a lawsuit against them.
Here are other circumstances that could make your sexual harassment lawsuit invalid. Remember that any form of sexual harassment that you welcome is not considered harassment and will not be considered for compensation by a civil court judge.
- When a person makes fun of your religion, skin color, sexual orientation, or physical appearance
- If a person makes a racial slur against you or uses a nickname to demean you
- When they make an offensive comment about you based on your disability, color, ethnicity, age, nationality, gender identity, sexual orientation, pregnancy, or religion
- If a person shares inappropriate or offensive material about you in your workplace, including videos or images
Although these are humiliating acts that could affect your self-esteem, they do not qualify as sexual harassment acts that EEOC prohibits. An employer should educate their employees about sexual harassment and discrimination laws to ensure they can identify and protect themselves against workplace discrimination. However, your employer can protect you against such acts to ensure the workplace is conducive and safe for all workers.
How to File a Workplace Sexual Harassment Claim as an Accountant
Victims of workplace sexual harassment can file a claim against their employers with EEOC, seeking compensation for all damages caused by the harassment. You can recover full compensation if, through sexual harassment, you lost your job, developed a stress-related illness, or suffered any other financial or non-financial loss. However, you must follow the proper procedure when filing your claim to receive the compensation you deserve. A skilled sexual harassment attorney can help you develop a solid claim to increase your chances of receiving total compensation for your damages.
However, you must first determine the credibility of your case against your employer. Remember that your sexual harassment claim must meet the criteria listed by EEOC on its website. For example, the claim must stipulate the exact acts committed against you. The acts must be continuous over a particular period and should have created a hostile working environment for you. A skilled attorney should advise you on the validity of your case before starting the filing process.
The first step to take if you suspect workplace sexual harassment is to speak to a skilled sexual harassment attorney. You can search online for the right attorney or ask for referrals from your family or friends. Check their reviews to understand the kinds of services they offer. The attorney must be conversant with workplace harassment and discrimination laws. They must also have experience handling similar cases as yours. You will likely file a winning case against your employer with the right attorney by your side. A skilled attorney will also offer you the emotional support you need during the most challenging period of your life.
If you have a valid case against your employer, your attorney will gather evidence and prepare the proper documents to file with the EEOC. An experienced attorney will know when and how to file the documents needed to start your case. The EEOC will review your case to advise you on the proper process to seek the compensation you deserve. If your case is solid, the commission will give you the go-ahead to file a lawsuit against your employer. You will receive a notice to sue your employer through your attorney a few days after filing the case with EEOC.
The judge will review your case and the evidence presented to determine whether you deserve compensation for the damages included in the claim. If your evidence demonstrates your employer’s liability in causing your damages, the judge will order them to pay full compensation. The judge can approve all the damages in your claim as part of them, according to the determination of your case. They will also consider your employer’s defense and evidence when ruling.
How To Improve Your Chances of Winning a Sexual Harassment Case
There is usually no guarantee that you will receive total compensation for your damages after filing a sexual harassment case against your employers. Accountants facing sexual harassment are encouraged to build a solid case and gather enough evidence before bringing it to the EEOC or a civil court judge. With your attorney's assistance, a few strategies could improve your chances of obtaining a favorable outcome. Some of these strategies include the following:
Hiring the Right Attorney
Remember that you will be fighting against your employer and anyone else associated with them when you bring a sexual harassment case against them to the EEOC. Your employer can hire the best defense attorneys to protect their reputation and resources. This could make you feel alone, causing you to lose hope even before your case picks up. Having an attorney by your side offers you the support you need the most during the most challenging period.
The employer and colleagues you once thought would support you can turn against you once you bring up a workplace harassment matter. The right attorney will be like a friend, advocating and fighting for your best interests in the case. They will walk you through all legal processes and work around the clock to ensure you meet all deadlines. They will also not rest until you are happy with the case’s outcome.
Thus, the right attorney can significantly improve your chances of winning a civil lawsuit. They must be skilled and experienced in handling your cases. They must also be familiar with the underlying laws and court processes.
Cooperate With The Case Investigators
Once you file your case with the EEOC, the commission will send some investigators to determine the validity of your case and gather evidence. It helps you cooperate and work together with the investigators to uncover the truth about your workplace harassment. They will call for a meeting, ask you some questions and clarifications, and follow up with you on pending matters. You should be willing to provide the information they need to make your case. Any uncooperation on your side could be interpreted to mean that your case is invalid. This will compromise your chances of recovering full compensation.
If you are uncomfortable speaking to investigators alone, you can do so through your attorney. Your attorney will also ensure you do not incriminate yourself.
Follow Proper Legal Procedures
Sometimes, it seems right to confront people who have harassed or discriminated against you. However, this could backfire on you, especially if you intend to pursue justice or seek compensation. It helps to follow proper legal processes to ensure that the law takes action against the person who harassed or discriminated against you.
Thus, you should work with an attorney from the beginning of the process. An attorney will protect you from making mistakes that could compromise your case and give your employer an upper hand. They will also guide you through the complex legal processes.
Be as Truthful as Possible
The truth is precisely what the EEOC and the civil court judge need to determine your case. The truth will be supported by evidence. If the commission or the judge suspects that part of your case is fabricated, you could lose the chance to recover compensation, even for the genuine damages. Providing truthful information also ensures that the legal process is fair, even for your employer.
Find a Skilled Sexual Harassment Attorney Near Me
Cases of workplace sexual harassment against accountants are rampant in California. It helps to know that you are not alone and that you can obtain help to pursue justice and compensation against your harasser. If your employer, supervisor, or co-worker has continuously harassed you at work, making the workplace unconducive or hostile, you can file a case with the EEOC. The commission will grant you the notice to bring your case before a civil court judge for determination after investigating it.
We can assist you with all the complex legal processes involved at Sexual Harassment Attorney. We will also ensure you follow the proper procedures, provide the necessary documents, and file the case within the required timeline for consideration. With our assistance, you could recover full compensation for all your damages. Call us at 800-905-1856 to discuss our services and your case further.
