Can You Sue Someone for Harassment? Understanding Your Legal Options

The Law Offices of James L. Arrasmith

What Constitutes Harassment?

Harassment is a form of employment discrimination that violates Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, and the Americans with Disabilities Act of 1990.

Any Harassment is unwelcome conduct based on race, color, religion, sex (including sexual orientation, gender identity, or pregnancy), national origin, older age, disability, or genetic information.

Harassment becomes unlawful when it creates a work environment that a reasonable person would consider intimidating, hostile, or abusive, or when enduring the conduct becomes a condition of continued employment. Harassment claims can involve various legal implications, potential compensation, and complexities in calculating damages and covering legal fees.

Anti-discrimination laws also prohibit harassment against individuals in retaliation for filing a discrimination charge, testifying, or participating in an investigation or lawsuit.

Types of Harassing Behavior

  • Verbal harassment includes any form of unwelcome communication, such as emails, texts, or phone calls.
  • Physical harassment includes any form of unwelcome physical contact, such as touching, grabbing, or pushing. This can escalate to physical assault, which is taken very seriously legally and may lead to criminal charges.
  • Visual harassment includes any form of unwelcome visual display, such as posters, pictures, or videos.
  • Harassment can also take the form of quid pro quo, where a supervisor or manager demands sexual favors in exchange for job benefits or promotions.
  • Harassment can also be based on sexual orientation, including harassment of LGBTQ+ individuals.

Emotional and Psychological Impact of Harassment

Harassment can have a profound emotional and psychological impact on the victim. The experience of being harassed can lead to feelings of anxiety, depression, post-traumatic stress disorder (PTSD), and even suicidal thoughts. The emotional distress caused by harassment can be just as damaging as physical harm, and it’s essential to acknowledge and address these effects.

The emotional impact of harassment can manifest in various ways, including:

  • Anxiety and Fear: Victims may feel constantly on edge, worried about when the next incident of harassing behavior will occur.
  • Depression: Feelings of sadness, hopelessness, and a lack of motivation can overwhelm those who have been harassed.
  • PTSD: Symptoms of PTSD, such as flashbacks, nightmares, and avoidance of triggers that remind them of the harassment, can develop.
  • Loss of Self-Esteem: Victims may feel embarrassed, ashamed, or worthless due to the harassment.
  • Difficulty Concentrating: Emotional distress can make it challenging to focus on work or daily activities.

It’s essential to recognize that the emotional and psychological impact of harassment can be long-lasting and may require professional help to overcome. Victims of harassment may benefit from seeking counseling or therapy to address these effects and work towards healing and recovery. Addressing emotional distress is a crucial step in the journey to reclaiming one’s well-being and sense of security.

Understanding Harassment Laws

Federal and State Protections

  • The Equal Employment Opportunity Commission (EEOC) enforces federal laws that prohibit employment discrimination, including harassment.
  • Federal law prohibits harassment based on sex, including sexual orientation and gender identity.
  • State laws may also provide additional protections against harassment, including laws that prohibit harassment based on sexual orientation and gender identity.
  • Employers with 15 or more employees are subject to federal anti-discrimination laws, while smaller employers may be subject to state laws.

Filing a Harassment Lawsuit

Who Can File a Lawsuit and What to Expect

Anyone who has experienced harassment can file harassment lawsuits against the person or organization responsible for the harassing behavior.

To file a lawsuit, you will need to gather evidence, including witness statements, emails, text messages, and other relevant documents.

You will also need to consult with an experienced attorney who can guide you through the legal process.

A harassment lawsuit can result in damages, including emotional distress, lost wages, and medical expenses.

Evidence Needed to Prove Harassment in Court

  • To prove harassment in court, you will need to gather evidence that shows the harassing behavior was unwelcome and created a hostile work environment.
  • This can include witness statements, emails, text messages, and other relevant documents.
  • You will also need to show that the harassment was based on a protected characteristic, such as sex, race, or national origin.
  • A reasonable person standard is used to determine whether the harassment was severe or pervasive enough to be illegal.

The Harassment Lawsuit Process

Investigation and Right to Sue

  • Before filing a lawsuit, you will need to file a charge of discrimination with the EEOC or a state agency.
  • The EEOC will investigate the charge and determine whether there is enough evidence to support a lawsuit.
  • If the EEOC finds that there is enough evidence, it will issue a right to sue letter, which allows you to file a lawsuit in federal court.
  • You will have 90 days to file a lawsuit after receiving the right to sue letter.

Trial Process and Procedures

  • A harassment lawsuit will typically involve a trial, where both sides will present evidence and arguments.
  • The trial will be presided over by a judge, who will make a decision based on the evidence presented.
  • The trial process can be lengthy and may involve multiple hearings and motions.
  • A jury may also be involved in the trial process, depending on the specific circumstances of the case.

Employer Liability and Prevention

Employer Responsibility and Liability

  • Employers have a responsibility to prevent harassment in the workplace and to take prompt action when harassment occurs.
  • Employers can be held liable for harassment by supervisors or managers, as well as for harassment by non-supervisory employees or non-employees over whom they have control.
  • Employers can also be held liable for retaliation against employees who report harassment or participate in an investigation or lawsuit.

Preventing Harassment in the Workplace

Employers can prevent workplace harassment by implementing policies and procedures that prohibit harassment and provide a clear process for reporting and investigating harassment.

So, Employers should also provide training to employees on harassment and retaliation, and should take prompt action when harassment occurs.

Employers should also have a clear policy on retaliation and should take steps to prevent retaliation against employees who report harassment or participate in an investigation or lawsuit.

Defenses and Counterclaims

Common Defenses and Counterclaims

  • Employers may raise defenses to a harassment lawsuit, including the defense that the harassment was not severe or pervasive enough to be illegal.
  • Employers may also raise counterclaims, including claims that the employee is not entitled to damages or that the employee is responsible for the harassment.
  • Employees may also raise defenses to a counterclaim, including the defense that the employer is responsible for the harassment.

Resolving a Harassment Lawsuit

Settlements, Mediation, and Arbitration

  • A harassment lawsuit can be resolved through a settlement, mediation, or arbitration.
  • A settlement is an agreement between the parties to resolve the lawsuit without going to trial.
  • Mediation is a process where a neutral third party helps the parties to reach a settlement.
  • Arbitration is a process where a neutral third party makes a decision based on the evidence presented.

Sexual Harassment in the Workplace

Understanding and Addressing Sexual Harassment

Sexual harassment cases are a form of harassment that is based on sex, including sexual orientation and gender identity.

Sexual harassment can take many forms, including quid pro quo, hostile work environment, and retaliation.

Employers have a responsibility to prevent sexual harassment in the workplace and to take prompt action when sexual harassment occurs.

Employees who experience sexual harassment should report it to their employer and seek support from a sexual harassment lawyer.

Role of Technology in Harassment

Technology has become a significant factor in harassment, with the rise of online harassment, cyberbullying, and digital stalking. Harassers can use technology to anonymously or pseudonymously harass their victims, making it difficult to track and prosecute them.

Types of technology-facilitated harassment include:

  • Online Harassment: Harassers can use social media, online forums, and other digital platforms to send threatening or abusive messages, post defamatory content, or share intimate images without consent.
  • Cyberbullying: Technology can be used to bully victims through mean or threatening messages, posting embarrassing content, or excluding them from online groups.
  • Digital Stalking: Harassers can track their victims’ online activities, monitor their location, or hack into their devices.

The role of technology in harassment highlights the need for employers, educators, and individuals to take steps to prevent and address online harassment. This can include:

  • Implementing Policies and Procedures: Establish clear guidelines for reporting and addressing online harassment.
  • Providing Training: Educate employees and students on online harassment and digital citizenship.
  • Encouraging Reporting: Support victims in reporting incidents of online harassment.
  • Collaborating with Law Enforcement: Work with authorities to investigate and prosecute online harassment cases.

By acknowledging technology’s role in harassment, we can work towards creating a safer and more respectful online environment for everyone. Addressing technology-facilitated harassment is essential in the modern digital age, ensuring victims receive the protection and justice they deserve.

Protecting Yourself from Future Harassment

Resources and Support

  • If you have experienced harassment, resources and support are available to help you.
  • You can contact the EEOC or a state agency for information and assistance.
  • You can also contact a harassment lawyer for guidance and representation.
  • You can also seek support from a therapist or counselor to help you cope with the emotional distress caused by the harassment.

Conclusion

  • Harassment is a serious issue that can have significant consequences for employees and employers.
  • Understanding your legal options and seeking support can help you to protect yourself from future harassment.
  • Employers have a responsibility to prevent harassment in the workplace and to take prompt action when harassment occurs.
  • By working together, we can create a safer and more respectful workplace for everyone.Related Terms: sexual harassment claims, federal and state law, law firm, potentially pursue compensation

Client Reviews

James Arrasmith is one smart attorney! He understood my problem and came up with a great solution right away. I can depend on him to listen and ask the right questions to get straight to my issues. His availability is...

Alan Murphy

Hiring James to handle my eviction / landlord tenant case is one of the best decisions I’ve ever made. He assisted me every step of the way and made the process smooth and easy. It was obvious that he truly cared about...

Monica Martínez alvarado

I've had a lot of attorneys in my life, and James is by far the best attorney that I've ever hired. He helped me with my case from start to finish and clearly explained the process to me without making it overly complex...

DD M

Great consultation, efficient, attorney. I needed possession of my home, Mr. Arrasmith acted swiftly and was able to provide me the information I needed to understand what could have been a lengthy process. Mr...

Nadia Faraci

James is an amazing attorney!! I had never hired a lawyer before (and was very nervous), but James took hours of his time to explain the entire procedure to me. He gave me a thorough consultation, and I was so impressed...

Ledi

James was the only person to answer the phone at 7am on a Saturday morning. My first phone call to him was as a scared and stressed woman with no idea on where to even begin to explain the sort of help I needed. James...

Renae Elise

James helped me with two landlord tenant issues. In both cases, I was able to expeditiously resolve my issue with the tenant. I appreciate his genuine care for his clients; a rare trait in an attorney. I would highly...

theresa26 r

I cannot begin to describe how amazing and reassuring it was to have James guide me through the most challenging moment of my life. When my mother let me know she would soon be passing from cancer and wanted to leave...

Tricia Matsis

James Arrasmith did a great job for me on my legal matter. From the first time I talked to him he was very professional and knew what he was talking about. I would recommend James Arrasmith to anyone who needs help with...

Alvin Warren

I can't express enough how much James put my heart at ease. He has really been dugiligant at getting things done vs what I have experienced before using other lawyers. Highly recommend James if your looking for trust...

Jeremy Rasmussen Finnif Skate

James Arrasmith is a fantastic attorney. He is respectful and knowledgeable! Always very responsive and really takes his time explaining everything so you can understand it. I would highly recommend you meet with James...

Andrew Noseworthy

Mr. Arrasmith was cocounsel on a complex case, but was able persuade a notoriously bad judge to go along with the resolution. He’s a fine lawyer that works hard to make sure he is prepared to win the case. I highly...

James Pearson

Highly recommend choosing James. He was extremely responsive always making sure I understood every step of the process. In addition, he would periodically check in with me before important decisions needed to be made.

Tulsi

He is experts and reasonable attorney.

Ahmad Ali Shinwary

Best attorney I ever worked with... he takes time to explain the whole process and and will make sure you are happy with his work. We did a living trust and he helped me with an eviction case. I highly recommend him!

Alina Cojocari

James is an excellent attorney. I recommend him to anyone who's looking for someone who cares and wants to help win their case! :)

Allen Esealuka

I had a few questions about my situation, I needed some legal advice so I went ahead and contacted the Arrasmith firm. James was very helpful and polite, I asked him about a dozen questions and will be pursuing llegal...

Amber Styles

I cannot begin to describe how amazing and reassuring it was to have James guide me through the most challenging moment of my life. When my mother let me know she would soon be passing from cancer and wanted to leave her...

Tricia

James is a professional with outstanding customer service. We hired him to take care of an issue for us and he delivered as promised. I highly recommend him if you have any ongoing legal issues. James it's absolute...

Aztec Gold99

He will go out of his way . The best lawyer in Sacramento!I don’t know what I would do without lawyer james.

Bryan

Very professional, understanding and willing to assist in any way he can. I am most definitely keeping James as my one stop shop lawyer.

Brad Naylor

I am so happy I found Mr. Arrasmith's law firm! I couldn't have been happier with my decision to hire James. He took my case from point A to point Z and kept me informed every step of the way. If I ever need an attorney...

Bryce Colburn

James is a wonderful addition to the legal community. He is hard working, bright and ethical. He goes the extra mile for his clients.

Caitlin Ross

He was a great attorney.

Devon Campbell

I contacted Mr. Arrasmith regarding a disability related inquiry for a family member. Mr. Arrasmith provided excellent and immediate responses to my questions. I felt as though he truly cared about the well being of my...

Anonymous

Great consultation, efficient, & positive attorney. I needed possession of my home, Mr. Arrasmith acted swiftly and was able to provide me the information I needed to understand what could have been a lengthy process...

Nadia

I had a few questions about my situation, I needed some legal advice so I went ahead and contacted the Arrasmith firm. James was very helpful and polite, I asked him about a dozen questions and will be pursuing llegal...

Amber

James is a great guy. He has helped me to start a very difficult case. That I was nervous to do. He has made me Confident that he will fight hard on my case.

Rachel

I am so happy I made a decision to hire James to help me with my case. He was very professional and assisted me every step of the way. I was able to get a very positive settlement on my case. I couldn’t be happier!

Ledi

James has helped me tremendously with my legal matter by going over all the forms with me and clearly explaining how to complete them. He has made everything easy for me. I am very glad I called James!

Patty

James did a great job helping us with getting our settlement. Followed up in timely manners and updates always provided. Thank you for your help!

Anonymous

Gave James smith a call late at night with an immediate answer, he is very quick to respond and was eager to answer any questions I had.

Erika

Mr. Arrasmith was great, he answered all my questions and was very helpful with my legal matter. Thanks again James.

Alvin

Mr. Arrasmith was great, he answered all my questions and was very helpful with my legal matter. Thanks again James.

Alvin

Mr. Arrasmith was cocounsel on a complex case, but was able persuade a notoriously bad judge to go along with the resolution. He’s a fine lawyer that works hard to make sure he is prepared to win the case. I highly...

James

I've had a lot of attorneys in my life, and James is by far the best attorney that I've ever hired. He helped me with my case from start to finish and clearly explained the process to me without making it overly complex...

Darren

James is a great lawyer! He is honest and very trustworthy. He will give you sound legal advice.

Jason Motto

Great service and customer service. Very professional too, thanks James and Maria!! Having a bilingual attorney who knows so many different aspects of the law is a BIG plus.

JC R

I found James online after an extensive search. He was knowledgeable and worked with me on a payment plan I could afford. I'm happy I picked him for dealing with my awful landlord. He helped me get the settlement I...

Jenn C

Lawyer James Arrasmith For me He very was very approachable and likeable as a person . I felt very comfortable with the knowledge, and information shared for our case. which we got desired result from. He to me is a...

John Davis

James is a wonderful lawyer and person! He is hardworking , ethical, quick and effective lawyer! He knows what he is doing.

Ka Saelee

James Arrasmith always does amazing job helping me with my landlord and tenant cases!! He is my go-to attorney when I need assistance in evicting tenants. I like how he also represents tenants as well as landlords - so...

Kerry Davis

No one likes to need an attorney, but when you do, James is amazing to have in your corner! He is smart, professional, patient, and always makes sure his client is comfortable and confident with the next steps. I refer...

Kristen Trexler

Best lawyer he will get the job done went out of his way totally

Larry Yabut

Mr. Arrasmith and his team are amazing. Mr. Arrasmith is very knowledgeable and has been amazing through our whole process. He treats people like a human being and not a paycheck, I would highly recommend him to...

Magan Mellinger

No one likes to need an attorney, but when you do, James is amazing to have in your corner! He is smart, professional, patient, and always makes sure his client is comfortable and confident with the next steps. I refer...

Kristen

I would highly recommend James. I did lots of research searching for a great Attorney in the area. He makes you feel hopeful during a difficult times. His knowledge and expertise was great!

Maria Guardado

I had a personal issue and needed to consult with a lawyer. James Arrasmith took his time to explain everything so that I could understand exactly what my options were and the best way to go about my next move. I would...

Mark Hodges

A Very Nice, Personable Attorney/Person!! He is Very Patient and Willing to Listen to My {Tour} Case/Problems>I would Highly Recommend James to Anyone Seeking Fair and Equitable Justice!! Mark, CA.

Mark Loeffler

Thank you Mr James for helping me. What a great attorney! If you need help call Mr Arrowsmith!

Marva Davis

I give James Arrowsmith Attorney at Law 5 stars not just because he supports and represents CAED (our Non- Profit Organization that works with children ) but also because of how decent a person I've found him ...

Marvell Wilson

I was sooooo nervous about my case until I called James. He literally made the entire process simple and easy for me. I cannot recommend him highly enough! He is the most amazing attorney I’ve ever had!

Peyton

James has helped me tremendously with my legal matter by going over all the forms with me and clearly explaining how to complete them. He has made everything easy for me. I am very glad I called James!

Patsa Hin-udom

I am Latina and my English is not very good, therefore the attorney made sure that there was an assistant who spoke Spanish and who translated everything he told me and answered all my questions. Excellent service, I...

Paula Barriga

James is fantastic! He answered all of my questions and gave me clear guidance. If you are looking for an experienced and knowledgable attorney, I highly recommend James. Amazing Lawyer!

peyton cooks

James has a very good heart. He takes his cases personally as if it was him. He is a very nice understanding guy

Rachel Ottley

James is very knowledgeable, professional, and dependable. He patiently guided me through my estate planning and pre-nuptial questions, and made both processes much easier for me to understand. Highly recommended.

Sanat Sahasrabudhe

James arasmith is an excellent attorney when I needed help or advice he was always there to answer my calls or emails a very kind person listens & cares.

Tariq Johnson

Thank you so much for being highly responsive. Making I understand every step of the process. As well as checking in with me before important decisions need to be made.

Tulsi Patel

Very friendly, personable, and professional. I was able to get through my legal issue relatively smoothly and had exceptional support through the entire process. Pricing was reasonable and the billing process was not...

V Cat

I had some legal questions, and contacted James Arrasmith Law firm. His response was quick, and very helpful.

vera vlasenko

I highly recommend James Arrasmith. He really listens to your needs & truly cares about his clients. He is very professional & provides great results!

Vicky Tisdale

Contact Us Now

(916) 704-3009