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20 Jan 2011
Every day we hear about thousands of cases where victims of sexual harassment claim compensation from companies. The law generally recognizes two types of sexual harassment in the workplace. Quid pro quo has long been recognized as a serious form of sexual harassment. This involves a situation where an employee suffers an adverse (job related) action because of her or his refusal to comply to the sexual demands of a supervisor. The victim can also claim harassment even if he or she complies with the demands, if this was a preset condition for the action.

Hostile environment has also been recognized by the courts as a form of sexual harassment. This involves a situation where the speech or conduct of the employees in the office is severe and pervasive enough to create a hostile work environment for the victim. This could include sharing sexually oriented jokes, cartoons, graffiti, screen savers, and even physical contact or instances that a reasonable person in the same situation finds it offensive. However there are certain exceptions to these general conditions. For example, if a company’s policies explicitly prohibit dating between its staff and the employees have disregarded this and gone ahead with their sexual relationship, the victim might not have a case. There are several other such circumstances, as the law is complicated and often confusing.

If you are a victim and wish to claim compensation, it’s best to seek professional counsel from a sexual harassment lawyer before you file for compensation. Lawyers can guide you about the best possible solution to the problem and also provide an honest opinion if you are likely to win your case.


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