Employees should also report harassment to management at an early stage to prevent its escalation. The employer is automatically liable for harassment by a supervisor that results in a negative employment action such as termination, failure to promote or hire, and loss of wages. If the supervisor's harassment results in a hostile work environment, the employer can avoid liability only if it can prove that: 1 it reasonably tried to prevent and promptly correct the harassing behavior; and 2 the employee unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer.
The employer will be liable for harassment by non-supervisory employees or non-employees over whom it has control e.
When investigating allegations of harassment, the EEOC looks at the entire record: including the nature of the conduct, and the context in which the alleged incidents occurred. A determination of whether harassment is severe or pervasive enough to be illegal is made on a case-by-case basis. If you believe that the harassment you are experiencing or witnessing is of a specifically sexual nature, you may want to see EEOC's information on sexual harassment.
Federal employees have 45 days to contact an EEO counselor. Breadcrumb Home Harassment. You will need to explain your reasons in your affidavit. If you apply for and are granted an injunction without notice to your abuser then the court is likely to organise another hearing to give him an opportunity to explain his side of the story. You will have to attend this hearing and you may have to give evidence answer questions in court.
The court will consider all the evidence and decide whether the order should be continued or extended. You or your solicitor will be responsible for serving the documents on your abuser.
This means giving your abuser a copy of the injunction, your affidavit and all of the documents that you submitted to the court. You can use a process server or the court bailiff to serve the documents on your abuser. A process server is a person whose job it is to serve documents on people and they will charge a fee. If you cannot afford a process server, then you can ask someone else to serve the documents and that person will need to complete a certificate of service Form N and send it to the court.
You should not serve the documents yourself. Your abuser must know there is an injunction in place to be responsible for breaching any part of it. You are only protected once he is aware of the injunction.
You should also send a copy of the injunction to your local police station. Legal aid is available for this application but you may experience difficulties finding a solicitor to take on your case. Contact our advice line or the Legal Aid Agency for help finding a solicitor. You will need to pay a fee to make an application in the county court. If you cannot afford the application fee and you do not have legal aid then you can ask the court to waive the fee by completing a form EX If your application for an injunction or financial compensation is successful, the judge may order the defendant your abuser to pay your legal fees.
However, if your application is unsuccessful, the judge may order that you pay your own fees and also the legal costs of the defendant. You can use a solicitor or lawyer to assist you with your application for an injunction. If you cannot afford to pay for a lawyer you may be eligible for legal aid. See Useful contacts for information on finding a solicitor. If your abuser breaches breaks the injunction you have two options. You can report the breach to the police and the police may arrest your abuser and pass the matter to the Crown Prosecution Service to be dealt with in the criminal court.
Alternatively, you can make an application to return to the county court where the injunction was made to enforce it. Enforcing the injunction means asking the court to take further action. If your abuser is found guilty of breaching the injunction then he may be sent to prison for up to 5 years or fined, or both.
If you have been harassed or put in fear of violence, you may be able to claim financial compensation also called damages from your abuser, by making an application to the county court.
You can do this at the same time as applying for an injunction, or separately. Your application for compensation should be made on a Form N1.
You can get a Form N1 from your local county court or from the Ministry of Justice website. The Form N1 will ask you to set out your particulars of claim. This means explaining what is your relationship to your abuser, the history of harassment and the events leading up to you making the application. You will also need to set out how much money you are seeking. You should attach to your application any evidence you have of the harassment and its impact on you, for example medical reports and invoices.
The law is complex and may have changed since this guide was produced. This guide is designed to provide general information only for the law in England and Wales. You should seek up-to-date, independent legal advice.
Rights of Women does not accept responsibility for any reliance placed on the legal information contained in this guide. Top links Template letter to raise a grievance at work.
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