Hostile Work Environments, Sexual Harassment And Discrimination
Hostile work environments often result from discriminatory practices based on race, gender, age, religion, disability or national origin. This can also include pervasive sexual harassment up to and including quid pro quo harassment where the victim is told continued employment or a promotion is contingent on granting sexual favors.
Laws such as the Civil Rights Act, the Age Discrimination in Employment Act and the Equal Pay Act among others set very straightforward guidelines about the treatment of employees in the workplace. At Fox & Weiss, P.A., we represent both employees and businesses in sexual harassment and discrimination claims.
Sexual Harassment Claims
The most well-known type of sexual harassment in the workplace is between an employee and their supervisor. However, sexual harassment can occur between any two people in the workplace including co-workers, contractors and nonemployees. There are three conditions that must be established to constitute a sexual harassment claim:
- The harassment must be severe enough to affect the terms of employment.
- Management had been notified of the harassment.
- After being notified, management failed to take sufficient action and the sexual harassment continued.
Sexual harassment does not have to be strictly sexual in nature. It may also be strictly based on opposite genders, same-gender harassment or gender identity harassment.
Forms Of Employment Discrimination
Unfair and unethical treatment is not illegal per se. Illegal employment discrimination happens when employees are singled out based on protected categories. These categories include:
- National origin
- Veteran status
In Georgia, there are state and local laws that affect discrimination claims based on the location of the company. Violations of the Georgia Fair Employment Practices Act or the Atlanta Human Relations Code can result in multiple claims for the same discriminatory act. Our legal team is experienced in litigating claims at all levels of local, state and federal government.