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Offensive Gestures Harassment Lawyers
There are cases of employees and public servants city witnessing obscene hand gestures. The bolder victims do not allow these gestures to slide. Victims say the have found the gestures to be provocative and that they are unwilling to accept sexual harassment of any sort in their workplace.
Most workplace incidents in which an employee makes an obscene or offensive gesture to sexually intimidate another worker do not make the news. That does not, however, negate the fact that gestures are a type of harassment. Yes, they do. And obscene gestures are frequently just one aspect of a larger pattern of sexual harassment that may include verbal abuse, demands for sexual favors, or even unwanted physical touching.
What Is The Definition Of An Obscene Or Offensive Gesture?
In most cultures and countries, offensive gestures are quite different; nevertheless, the majority of offenders will convey that they are performing a sexually provocative movement. There are a number of hand gestures that you can perform. An offensive motion might include other body parts. Here are some examples:
- Using hand motions to suggest sexual acts
- Simulating sexual touch or groping
- Using the middle finger in a threatening or sexual way
- Thrusting the hips
- Licking lips or sticking out the tongue repeatedly
- Leering, staring, or other suggestive expressions
If a person makes an obscene gesture or takes any other action with the apparent goal of intimidating or annoying you, it is considered offensive.
How Do You Determine Whether A Gesture Is A Sexual Harassment?
Victims of obscene gestures may believe they are hallucinating or that the offender did not intend to make others uncomfortable. However, no sexual gesture in the workplace is acceptable, and any of them might be regarded as part of a pattern of harassment under the law.
An offender may explain the conduct as amusing, or he or she might be unaware that it offended anyone. However, a single gesture can still create a hostile work environment for you, as it did for the Long Island councilwoman. If the gesture was meant to express a sexual message of any kind, whether or not the offender was “joking,” you may have a case for making a sexual harassment claim.
While one-time events may, depending on the circumstances, qualify as sexual misconduct in the workplace, most offenders engage in repetitive behaviors. Texas law extremely clearly defines unwanted actions or motions as harassment. Even if the gesture is directed at someone else, you may feel harassed if it creates an unsafe or hostile workplace.
What Should You Do If You Experience Obscene Or Offensive Gestures In The Workplace?
You don’t have to put up with or struggle under the strain of sexual harassment in the form of obscene or offensive gestures made by a colleague or employer at your workplace. Bullying and workplace harassment are both illegal, and your firm must address them if it wants to avoid potential legal problems.
The greatest, first step you can take is to locate an empathetic and experienced Texas sexual harassment lawyer who understands the ins and outs of workplace sexual harassment laws. If appropriate, your lawyer can take action for you to hold the offender—and your company, if applicable—responsible for the offending behavior.
If you haven’t already started documenting workplace harassment in your office, do so right away. Keeping a written diary of dates, hours, people present, and specifics of the bad behavior can help you build a case for later harassment. Typically, it’s preferable to do this in a journal or some other form that isn’t a file on your company-issued computer or mobile device—and don’t store it at work. You don’t want your data to be hacked if company officials get hold of it.
Photographs, audio and video are acceptable ways to document the abuse; however, we advise you to consult with a legal professional first.
Is it necessary to contact your organization’s human resources staff? That’s another situation that a knowledgeable lawyer can help you with, such as the finest course of action considering the rules in your state or city. Remember that HR departments are typically more concerned with doing the best thing for the company rather than the right thing for you.
You don’t need to attempt to tackle sexual harassment on your own. When you encounter obscene or insulting gestures at work, an experienced attorney can assist you in obtaining the results you desire.
What Should You Do If You Decide To Take Action Against Sexual Harassment?
You could be feeling anxious and uncomfortable about the harassment you’re receiving at work, but you may not know whether going to court is in your interest. The best lawyer can listen to your tales and assist you in determining the finest path forward, including whether or not you should involve law enforcement and the courts.
It’s critical to choose a lawyer who you trust to understand the law and guide you through your legal case. Your lawyer can help you decide what you want to accomplish with your lawsuit, such as receiving punishment for the offender, taking precautions to prevent future abuse in your business, or recovering compensation for emotional suffering.
There are no promises of success if you and your lawyer decide to pursue a claim of sexual harassment at work, and the procedure may take some time. An experienced attorney might prepare your case for settlement negotiations or presentation to the courts, and he or she may do so in mediation. Your lawyer should, and will, go through each phase of the procedure with you as it progresses.
Most lawyers that specialize in sexual harassment claims provide free consultations so you can determine whether you have a case. Even before you consider filing a claim, a competent legal expert can assist with support and evidence preservation, as well as advise you on your choices.
Remember that once you file a complaint, anything the company does internally is fair game in any subsequent civil lawsuit for sexual harassment. This is why it is critical to consult with an attorney before reporting sexual misconduct to management or H.R.
Contact Texas Sexual Harassment Lawyers
When it comes to workplace encounters with inappropriate gestures, many people have been harassed and subjected to a variety of cruel and abusive behaviors, ranging from humiliation to mental anguish.
If you have been the victim of workplace offensive gestures harassment, get in touch with our specialist employment law attorneys for a free case evaluation.
Call us at (888) 997-2148 now for you free consultation.
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