Insurance Coverage for Sexual Harassment Claims: What You Need to Know About It
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On behalf of The Rager Law Firm posted on March 09, 2018
America seems to be obsessed with sexual harassment allegations against famous men and celebrities these days. Each day, there is at least one trending story about some actor, producer, CEO, politician or another influential man who is being accused of sexual misconduct in the workplace.
And while not all of the allegations go to trial, some of them eventually do. And today, our Pasadena sexual harassment attorney Jeffrey Rager is going to reveal what role insurance companies REALLY play in handling sexual harassment claims at work.
Is there insurance coverage for sexual harassment?
In the vast majority of cases, sexual harassment claims filed in Pasadena or elsewhere in California would be covered under an employment practices liability insurance policy (EPLI). Each policy is different, which is why coverage will vary depending on the provisions outlined in the insurance policy.
If you are trying to determine whether or not a specific sexual harassment claims can be covered under an insurance policy, it is advised to speak to a sexual harassment attorney who would examine your particular factual circumstances and determine whether any coverage can be triggered.
Remember: each detail matters and can make a huge difference for the entire case. Only an experienced attorney from The Rager Law Firm can determine if any insurance coverage is available for your particular sexual harassment claim.
Sexual harassment, EEOC and statute of limitations
Even though employees who have been the victim of sexual misconduct in the workplace are actively encouraged to file a claim against their harasser, groper or harasser, not all allegations meet the criteria outlined by the Equal Employment Opportunity Commission (EEOC). Meaning: not all sexual harassment allegations lead to any penalties, punishment or even financial losses for the harasser.
First and foremost, many sexual harassment claims are thrown out the window due to California’s statute of limitations. Here is the tricky thing: typically, you will not be allowed to file a charge with the EEOC if more than 180 days have passed since the most recent sexual harassment act.
It is essential to understand that unless you have a Notice-of-Right-to-Sue from the EEOC, you will not be able to file a lawsuit against your harasser or abuser alleging sexual harassment in the workplace. That is why complying with all the rules and requirements set by the EEOC is imperative. And this is also why being legally represented by a Pasadena sexual harassment lawyer is vital in order to speed up the legal process and be entitled to compensation.
Media has misled people about sexual harassment
It is also important to understand that even though many inappropriate behaviors are categorized as “sexual harassment” by the media today, not all of them actually meet the legal definition from the EEOC and entitle you to compensation, or trigger any insurance coverage, for that matter.
According to the EEOC, sexual harassment is unsolicited sexual advances, requests for sexual favors in exchange for employment benefits, and other verbal, written and physical harassment of a sexual nature. Most importantly, any of this conduct must negatively affect the alleged victim’s employment in order to qualify as sexual harassment in the workplace.
Meaning: if sexual harassment acts by your employer unreasonably interfere with your work performance or create a hostile or offensive work environment, you may have a case. In other cases, any hope for legal success would be futile unless you are legally represented by a professional and skilled attorney.
Here at The Rager Law Firm, our best sexual harassment lawyers in Pasadena and California are available 24/7 to determine whether or not you will be able to make a case proving that sexual harassment occurred in the workplace, and to help you craft an aggressive and effective legal strategy to file a claim and lawsuit.
Contact our Pasadena offices today to get a free consultation. Call our attorneys at 310-527-6994 or fill out this contact form.