Sexual Harassment

The U.S. Equal Employment Opportunity Commission prohibits the harassment of any applicant or employee due to that person's sex. Sexual harassment, under the EEOC, is defined as any unwelcome sexual advances, offensive remarks, physical harassment of a sexual nature, or requests for sexual favors. Sexual harassment also includes employment decisions arising from the individual's acceptance or rejection of the unwelcome conduct. These decisions include hiring or promotion when the individual accepts the conduct, or rejection of application or demotion at work when the individual rejects the conduct. While sexual harassment law was originally intended to punish male offenders and protect female victims, the law has expanded to encompass woman as offender and man as victim and members of the LGBT community as both offender and victim. In the workplace setting, simple teasing and offhand comments are not prohibited but can be considered sexual harassment if done frequently and results to the creation of a hostile work environment.

Sexual harassment law is part of the more-encompassing Employment Discrimination Law. Sexual harassment law is also included in Civil Rights Law. Often times, sexual harassment law involves personal injury law as some conduct leads to personal injuries, prompting victims to seek redress under personal injury law. Both federal and private employees are given avenues for the complaint, filing and resolution of sexual harassment. Many states have also passed Fair Employment Practice laws to address sexual harassment. When the sexual harassment leads to personal injuries, laws would vary from state to state.

Under the EEOC, victims of sexual harassment has until 180 days to file a sexual harassment charge against the offender. Federal employees are given 45 days to contact an EEO counselor following the act of sexual harassment. Although the law punishes sexual harassment, it is not uncommon that many of these acts go unreported as applicants or employees fear retaliation from the offender. For federal employees, a victim need not file a claim for the act to be punished as the federal government, especially the Office of Civil Rights, regularly investigates alleged sexual harassment. If supervisors and officials fail to report any sexual harassment, the S/OCR considers this as violation of its anti-sexual harassment campaign and may initiate a disciplinary action against anyone who failed to report such conduct. Aside from reporting to the government agencies of the sexual harassment, employees may also pursue mediation of the alleged conduct in order to attempt to resolve the problem. Employees can also file grievances with the EEO, although this avenue is not available for some civil servants.

Sexual harassment is a prevalent work-related problem, but, often because of the status of the offender (superior) and the victim (inferior) at work, these conducts go unreported. Sexual harassment also is difficult to detect especially when no one is complaining. For the company's part, it is best to employ labor law attorneys to ensure that the business is complaint with anti-sexual harassment law as violation of the law may lead to disciplinary actions for the offender and penalties for the companies. For the victim's part, battling for compensation as a result to sexual harassment may prove difficult because one's employment may be at stake. It is thus a good idea to hire a sexual harassment law attorney to help argue for the conduct and win the damages that are due to the aggrieved party.

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Collections Law - Legal Information and Resources

Collections Law

American consumers are protected by law from abusive debt collection practices. The U.S. Congress passed the Fair Debt Collection Practices Act, recognizing that abusive debt collection practices have serious effects on the individual. Evidence shows that abusive debt collection practices lead to bankruptcies, loss of employment, marital instability or invasion of privacy. The FDCPA lays out the detailed behavior that debt collection agencies must exhibit in order not to be found abusive. Aside from the FDCPA, states also have their own consumer protection laws, which are in accordance with federal legislation.

Among other things, the FDCPA prohibits debt collection agencies from using violence, threats or harassment to induce a debtor to pay up his debts. Aside from agencies, debt collection can also be performed by lawyers and other companies. The Act enumerates the specific behavior that debt collection agencies are prohibited from exhibiting. These prohibited behavior include not asking other persons the location of the debtor, communicating with the debtor at any unusual time of the day, the use of violence or obscene language, and use of false representations. The FDCPA only applies to consumer debts, which are personal debts. These kinds of debts include car loans, student loans, mortgages, credit card debts, household expenses, and medical debts. Another law governs debts incurred in relation to running a business.

The FDCPA imposes fines against the debt collection or the debt collection agency once found to have violated the law. In addition, the FDCPA also allows the debtors to recover actual damages sustained as a result of the abusive debt collection practices and other additional damages. Abusive debt collection practices are the subject of many class action lawsuits, under which plaintiffs may recover substantial amount.

Incurring and facing debts is a stressful event. Debt collection agencies are zealous in their pursuit against debtors, especially when the debt is of a substantial amount. While debt collection agencies are prohibited from using deceptive practices in the performance of their work, the agencies' abusive practices will not wipe out the debt. Rather, the debt remains the same. Non-payment of debts can lead to the debt collection agencies to sue the debtor, which can blow the problem out of proportion. When faced with burdensome debt and experiencing harassment by debt collection agencies, it is best to seek the help of debt collection law attorneys in order to stop the stressful debt collecting and try to restructure the debt. Banks are typically generous to debtors especially when these debtors are facing personal problems, which caused them to delay payments. It is best to contact an attorney and the bank to try to obtain a restructuring of the debt or a forbearance of the payment. The law provides for ways to stop abusive debt collection practices and attorneys would be knowledgeable as to what specific provisions of the law to utilize in order to stop these practices. Rather than risk being sued by the debt collection agencies for non-payment, it is best to seek the advice of expert debt collection law attorneys.

Areas of Law