Workplace harassment takes many forms. The bottom line is if any action creates a hostile work environment, then its likely to be considered harassment. The U.S. Supreme Court has addressed the issue of harassment in many cases since the 1970’s. Although the high Court has given adequate direction on most matters of harassment, they have not clearly defined all issues that surround the hostile work environment or harassment on the job.
However, many cases have since been brought before the Supreme Court and these have resulted in an elaboration by the Court on its earlier opinions, and in some cases a reversal. Workplace Harassment in Springfield, MA would also be subject to the appellate cases being the law that will determine the outcome of their case.
There may not be any area of the law more complex than harassment unless it would be the Tax Code. A layman cannot interpret the laws on harassment and many of the laws have been changed through the process of appellate court action. Just reading the various laws will not provide the meaning of the law. This surprises a lot of people, but when the legal process is studied it is recognized that all laws are subject to judicial review.
Every allegation of harassment has many sides to it and only an attorney who is well versed in this area of law can discern whether the matter is a case for the courts to act on. Clients often believe they have really been harassed, but the applicable law and appellate decisions say they have not been.
A client wants an attorney who can readily recognize a harassment case because otherwise the client wastes a lot of time and emotional energy on the subject. Finding an attorney to handle a harassment case is not too difficult. Many listings in the yellow pages will identify an attorney with experience, or contact the local Bar Association for a list of attorneys who practice in this area of law.
One caveat needs to be stated. Don’t give too much credence to an attorney’s won/lost record, because this area of the law has become so complex that what appears to be a good case may not be so to the judge or jury. The point is, if an attorney takes a case it is because he or she believes in it rather than because it is a guaranteed win.
