What is sexual harassment? Sexual harassment in the workplace occurs when a co-worker or employer makes unwelcome sexual advances – such as comments, gestures, or actions – toward another employee.
A person’s sex holds no bearing. Sexual harassment is a form of unwelcome conduct that can be done unto someone of the same gender as the harasser, as well as someone who identifies as a different gender.
The harasser does not necessarily have to be sexually attracted to the harassed, either. Employers are legally required to provide a safe, harassment-free workplace. If they fail to meet those legal standards, they may be legally liable for any sexual harassment conducted at the workplace.
Sexual Harassment Lawyer
Sexual assault at work is a form of sexual discrimination which violates Title VIII of the 1964 Civil Rights Act. The term sexual harassment refers to unwanted sexual advances, requests for consent and other verbal and physical conduct involving sexual behavior where the employee submits or rejects such conduct. Title VII covers employers who employ 15 employees and includes state and local government, federal authorities and some federal employees.
What is considered sexual harassment at work in California?
In the California state law, as aforementioned, unwelcome verbal or physical activity is prohibited, including repeated, deliberate or unwelcome gestures.
If someone in the workplace experiences this type of inappropriate conduct, they can file a sexual harassment claim with a skilled employment attorney. Lawyers for Justice, PC is an employment law firm that represents those who have experienced unlawful harassment and can litigate against employers to prevent sexual harassment from occurring again. Lawyers for Justice, PC employs over 25 sexual harassment lawyers who know the law inside and out. The law firm puts a high emphasis on a confidential attorney client relationship and fights for workers’ rights if they have been a victim of sexual harassment.
What are Types of Sexual Harassment?:
While there are many types of sexual harassment, and a top sexual harassment lawyer can provide an exhaustive list of scenarios, some types include:
- Sexually suggestive jokes, comments, or gestures
- Unwelcome compliments on an employee’s appearance
- Sexually explicit texts or emails
- Showing sexually explicit content at work
- Circulating rumors about an employee that have a sexual nature
- Inappropriate “gifts”
- Unwelcome physical contact
Quid Pro Quo Sexual Harassment vs. Hostile Work Environment Sexual Harassment:
Quid pro quo sexual harassment occurs when there is a workplace benefit that is exchanged (or propositioned for an exchange) for sexual behavior. For example, if an employee has been asking for a raise for three months and the employer agrees to finally give the raise in exchange for performing a sexual favor, that is quid pro quo harassment. This can also happen if an employee is pressured to perform sexual favors to get out of punishment. Quid pro quo sexual harassment is the most obvious type of harassment.
Hostile work environment sexual harassment occurs when the sexual behavior is unwelcome, when the sexual behavior is based upon gender (for example: the harasser has taken an interest in harassing you because of an employee’s gender and not because they are wearing, say, red shoes, which is not illegal), and the harassment must be severe and ongoing.
What Can a Victim of Sexual Harassment Do?
- When there is harassment in the workplace and the person experiencing harassing conduct feels safe enough to ask their harasser to stop, it is important that they do so. However, if the victim of sexual harassment believes they would put their personal safety at risk, they should not confront their abuser.
- Reporting sexual harassment can be scary. However, if possible, it is important to report the sexual harassment to an HR professional or other method of complaint-making that a company has in place. If the victim reports the unwanted sexual advances and is terminated by their company, they might also be able to sue their employer for wrongful termination. The victim of un wanted sexual advances can also report the sexual harassment to another employee who can vouch that the harassment in the workplace actually happened.
- If reporting sexual harassment is too daunting, it’s important to at least document the unwelcome sexual advances. Keep a record of every behavior that could be perceived as a sexual nature – either verbal or physical – were committed. Include what was said, the day and time at which it occurred, the people involved, any witnesses, and how the harassing conduct was responded to. Be as detailed as possible so that if the problem persists, there are in-depth examples of each offense.
How Long Does it Take to File a Sexual Harassment Claim?
A good lawyer who handles a sexual harassment lawsuit will make every attempt to ensure the federal law is upheld to have the case handled promptly. The employment lawyer team at Lawyers for Justice, PC prides themselves on their timeliness.
The California Legislature has acknowledged it can take courage and lots of assistance for sexual misconduct victims to be confident in their claims against the perpetrator(s). An employee victim often needs time to process and understand the truth of their offensive work environment and realize the harassing behavior was no fault of their own.
Possible Long Term Consequences and Effects of Being Subject to Sexual Harassment in the Workplace
Employees may have difficulty expressing their feelings about sexual workplace harassment, especially if the harassment in the workplace is pervasive. Sexual harassment victims could suffer psychological and/or physical harm from their incident and it might be necessary to seek private emotional counseling after seeking legal counsel. For the sexually harassed, these are very real traumatic events and they can manifest in various unhealthy forms.
The Workplace Sexual Harassment Attorneys at Lawyers for Justice, PC Can File Sexual Harassment Lawsuits in California
Employers are liable for harassment if they know offensive conduct is taking place and they do nothing to correct the problem. A workplace harassment lawyer at the Lawyers for Justice, PC law firm holds those employer accountable.
Workplace Sexual Harassment Attorneys Who Represent Victims In California
Lawyers for Justice, PC understands the nuances of the law and they fight for the rights of their clients, regardless of the opponent. California law protect victims of sexual harassment and LFJ’s hostile work environment attorneys represent clients who have faced sexual harassment. The firm’s attorneys provide advice, counsel, and legal strategy for anyone who is experiencing sexual harassment at work. The California sexual harassment lawyers help victims of sexual harassment across California; LFJ has offices in Los Angeles, Sacramento, Bakersfield, San Diego, and more across the state.
LFJ’s Workplace Harassment Lawyers Can Help if Your Employer Retaliates Against You
In a hostile work environment, unfortunately anything is possible. California law prohibits employers from retaliating against their employees who file sexual assault claims against them. And Lawyers for Justice, PC’s harassment lawyers protect uphold that law for clients.
If the harassment persists, it is in the employee’s best interest to contact a top sexual harassment lawyer, like the ones at Lawyers for Justice, PC. The attorneys have been fighting for over a decade against unfair workplace conditions and have recovered millions of dollars for clients.
Have you been touched inappropriately by a coworker? Has your boss made sexual comments or advances toward you? Has a supervisor promised you a raise in exchange for sexual favors? If so, you may be eligible for a sexual harassment lawsuit. More than 5,000 people file sexual harassment lawsuits in California alone each year.
California Sexual Harassment Lawyers
No one shouldn’t be forced to work in a hostile work environment or asked to perform sexual favors for career advancement. The sexual harassment lawyers at LFJ can help.
Contact Lawyers for Justice, PC Today for a Free Consultation
If you feel you’ve been sexually harassed, contact Lawyers for Justice, PC, and we’ll determine if your employer violated any federal or state laws. To get started, call (818) 647-9323 and receive a free consultation, today!