Santa Fe 6/13/2012 1:06:06 AM
News / Law

Proving Sexual Harassment in New Mexico Takes Legal Expertise

Almost on a daily basis you can find news stories where and employee is suing their employer for sexual harassment or discrimination. And the prevailing cultural attitude discounts many of these allegations as frivolous; the lawsuits perpetuated by vengeful or lose women who don’t know how to take a joke.

But this couldn’t be farther from the truth, while there are case were the allegations are false, experts say that workplace sexual harassment is more common and underreported than the  news stories would have you believe. A recent study from the University of Michigan showed that at least 50 percent of women were subjected to at least one incident of sexual harassment in a 12 month period.

Even when a victim of this type workplace abuse has hired a sexual harassment attorney, it is very difficult to win a lawsuit. New Jersey like most states require the victim is able to prove that the sexual harassment was pervasive and repeated. A simple pat on the buttocks or one off-collar joke is simply not enough for a victim to successfully file and win a lawsuit.

If a man or woman decides to take legal action, their New Mexico sexual harassment lawyer has the burden of proving the harassment happened over and over for a long period of time and created a hostile environment.

And contrary to what some would have you believe, sexual harassment goes underreported because the victims fear retaliation or being perceived as thin skinned. Employers also often fail to take allegations seriously and instead of punishing the abuser, they punish the reporting employee either by firing, or denying them promotions, raises, and hours.

While there are frivolous discrimination and harassment lawsuits, the majority of the people subjected to this behavior have a legitimate case that can be proven by their New Mexico sexual harassment attorney