If anyone else has experienced or is experiencing sexual harassment, disability harassment,[1] or other discriminatory harassment, I’d strongly encourage consulting an attorney early in the response process. At least in the US, many attorneys offer free consultations in this area because they can get their fees paid by the employer if they prevail in litigation or settle. Doing a consultation does not oblige the victim to pursue formal legal remedies or do anything else.
The employer’s largest financial exposure is often to the victim’s attorney fees, so a rational employer with a losing case has a strong incentive to provide the employee with appropriate relief early rather than drag the process out.
Also, at least in the US, there is a limited amount of time for filing equal-employment claims (often 180 days).
Of course, I understand why some victims choose not to involve legal processes, or choose to defer those processes for a while. I support whatever decision they make on this point. But I thought the comment was worth writing to ensure people knew about their options, to normalize that pursuing legal remedies early is an appropriate option, and to explain why bringing in counsel may lead to a quicker resolution.
I didn’t search, and don’t know UK law, but I would be very surprised if the conduct in question were not also harassment on the basis of disability (or perceived disability).
I think this is a fantastic comment, Jason, thank you for writing it. As you’ve said, victims should do whatever is best for them in any given situation. I think a lot of victims, however, may be under the impression that bringing in legal representation is aggressive or escalatory. This is what I would have felt. But in reality, you are one person trying to navigate an entire organisation that has both HR and likely legal counsel, whose mandated job is to act in the organisation’s best interest. If your organisation truly cares about its employees, they should actually be relieved that you have someone whose job is to represent your interests.
I’m not a lawyer, but in the UK, I think there is a misconception that employment claims are not a thing. They absolutely are, though they’re more structured and capped. You also have limited time to bring a claim and the deadlines are fairly strict (https://www.acas.org.uk/employment-tribunal-time-limits). I’m not sure about free legal consultations, but I strongly recommend the Rights of Women UK phone lines, and https://www.acas.org.uk/ is a great resource covering how to submit a formal grievance.
The UK also has minimum definitions for harassment, so even if your organisation does not have its own definitions or policies, you can default to the statutory standard and bring a grievance or claim. A less commonly known but interesting thing to consider: In the UK, you can also join a union independently and pay monthly fees. This is worth considering even before any issue arises, as you can ask your union for advice and you are always entitled to ask a union representative to accompany you in meetings and grievance hearings. In my case, I had my partner join me, though CEA technically could have declined (you are legally entitled to have either a colleague or a union representative present, and you need permission to bring anyone else).
[This is more from a US perspective.]
If anyone else has experienced or is experiencing sexual harassment, disability harassment,[1] or other discriminatory harassment, I’d strongly encourage consulting an attorney early in the response process. At least in the US, many attorneys offer free consultations in this area because they can get their fees paid by the employer if they prevail in litigation or settle. Doing a consultation does not oblige the victim to pursue formal legal remedies or do anything else.
The employer’s largest financial exposure is often to the victim’s attorney fees, so a rational employer with a losing case has a strong incentive to provide the employee with appropriate relief early rather than drag the process out.
Also, at least in the US, there is a limited amount of time for filing equal-employment claims (often 180 days).
HR works for the company and is not neutral. The company’s attorneys are obliged by the rules of professional conduct to zealously “represent[] the organization acting through its duly authorized constituents” with limited exceptions.
Of course, I understand why some victims choose not to involve legal processes, or choose to defer those processes for a while. I support whatever decision they make on this point. But I thought the comment was worth writing to ensure people knew about their options, to normalize that pursuing legal remedies early is an appropriate option, and to explain why bringing in counsel may lead to a quicker resolution.
I didn’t search, and don’t know UK law, but I would be very surprised if the conduct in question were not also harassment on the basis of disability (or perceived disability).
I think this is a fantastic comment, Jason, thank you for writing it. As you’ve said, victims should do whatever is best for them in any given situation. I think a lot of victims, however, may be under the impression that bringing in legal representation is aggressive or escalatory. This is what I would have felt. But in reality, you are one person trying to navigate an entire organisation that has both HR and likely legal counsel, whose mandated job is to act in the organisation’s best interest. If your organisation truly cares about its employees, they should actually be relieved that you have someone whose job is to represent your interests.
I’m not a lawyer, but in the UK, I think there is a misconception that employment claims are not a thing. They absolutely are, though they’re more structured and capped. You also have limited time to bring a claim and the deadlines are fairly strict (https://www.acas.org.uk/employment-tribunal-time-limits). I’m not sure about free legal consultations, but I strongly recommend the Rights of Women UK phone lines, and https://www.acas.org.uk/ is a great resource covering how to submit a formal grievance.
The UK also has minimum definitions for harassment, so even if your organisation does not have its own definitions or policies, you can default to the statutory standard and bring a grievance or claim. A less commonly known but interesting thing to consider: In the UK, you can also join a union independently and pay monthly fees. This is worth considering even before any issue arises, as you can ask your union for advice and you are always entitled to ask a union representative to accompany you in meetings and grievance hearings. In my case, I had my partner join me, though CEA technically could have declined (you are legally entitled to have either a colleague or a union representative present, and you need permission to bring anyone else).