Categories Family Law

What you should know about Sexual Harassment

Sexual harassment is part of the sex discrimination law. The law applies to both local and state governments. Moreover, it applies to labor organizations and employment agencies. How can you know whether you have been a victim of sexual harrassment? Requests for sexual favors, unwelcome sexual advances, and other physical or verbal conduct do constitute sexual harassment. The following are important things you ought to know about sexual harassment:

Meaning of sexual harassment
It can be defined as unwelcome sexual conduct or advances. It includes the quid pro quo or hostile work environment. Any form of sexual conduct that is deemed as inappropriate and unwelcome for the workplace is considered to be sexual harassment. It can take various forms such as dirty jokes, sexual jokes, sexual advances, emails, drawings, or physical harassment. Also, sexual demands in the workplace are considered to be sexual harassment. It can come from supervisors, owners, co-workers, or even managers. It can also occur at parties and office functions.

Who is liable?
Both employees and employer can be held liable.

Quid pro quo sexual harassment
This type of sexual harassment takes place when a supervisor or another person with authority over the job demands sexual favor from you so that he or she can give you a promotion, raise, or another benefit. You should note that demand for favors can become explicit. For instance, “if you become my girlfriend, I will promote you,” or, implied physically such as fondling or touching.

How to prove it
You are required to prove that a person who has authority over you such as supervisor, implicitly or explicitly conditioned a job benefit such as a business trip, salary increase, based on your acceptable for sexual conduct. It is your task to demonstrate that the person who harassed you has the authority and he or she can change conditions of your contract. Also, you need to prove that sexual conduct or advances were unwelcome.

How to prove that it was unwelcome
The law requires that the conduct ought to be unwelcome. Therefore, you should have explicitly rejected the advances. Moreover, you ought to have suffered emotional distress, avoided the harasser, the work performance deteriorated, informed your family or friends about the harassment. Remember that every case is unique and may not need the above examples.

Remedies for quid pro quo
If you can prove the case, or you were deprived of a given job benefit such as termination of employment, failure to promote, because of refusing sexual demands, you can recover the damages.…

Categories Law

Considerations to Make when Harmed in a Truck Accident

An accident between two standard vehicles has no legal complications because there is insurance coverage for each vehicle, and that will take care of the vehicle damage as well as the medical expenditures of the victim. However, a legal challenge appears when you have an accident involving vehicles that are of different standards. For instance, your car and a truck in a collision will not lead to a straightforward resolution of the liability case. You will not be able to seek additional money from the responsible party through as it usually happens with the normal case accidents between same class cars. If harmed in a truck accident, here are the things to know.


The liability of the truck driver

You could sue the truck driver for negligence because there is a law that can cover such cases. In this case, the driver should be the one at fault by driving recklessly. Fast driving beyond the speed limit for trucks and in bends or other road obstacles could also be a reason for suing. Some other things that could help your case include evidence of using drugs or alcohol while driving and the legalities of the documents used for driving such as the license to drive in the particular location of the accident. Some drivers rely on falsified records. Such evidence could cause them to be at fault even if they did not cause the accident. On the other hand, you want to prove that the one party was responsible for the accident so that you qualify for compensation.

The truck company

INJURED MANTrucks that harm you might belong to an enterprise. You could sue the company for negligence instead of going after individuals. This option works well when the post-accident report shows that the truck was faulty. Faults by the driver are also part of the company’s liability because it is the one that assigns drivers to a given truck. The driver may be responsible for the accident while the truck is responsible for other aspects of the crash. In many cases, both the victim and the driver will have their attorney’s arguing their innocence, and such cases will rely on evidence of fault on the truck, which points back to the responsibility of the trucking company.

Suing other entities

The manufacturers of the truck, the company that maintains the road and the safety agencies responsible for keeping the road safe for all users are some of the external entities that you could sue for compensation. Your attorney should offer a conclusive report on your options, and your role as the client will be to choose. The choice must align with the evidence in the case and your potential to win the suit. You may have more than one party listed in your suit as long as you have reason to believe their involvement in the matter is critical to the resolution of your case.…