Understanding Sexual Harassment at Work
Workplace Sexual Harassment
Historically, sexual harassment is a sad, but it is a common trope many experience at work. But what exactly does sexual harassment in the workplace look like? Lawyers for Justice, PC’s powerhouse team of over 25 lawyers are experienced workplace sexual harassment attorneys. Because the sexual harassment lawyers at LFJ stand up for employees in all workplace sexual harassment matters, the team can fight for those who have experienced sexual misconduct, unwanted sexual advances, physical harassment, sexual violence, quid pro quo harassment, issues relating to sexual favors, and more, at work.
Though it can be nuanced, sexual harassment can include unwelcome sexual advances or verbal or physical conduct that affects a worker’s employment, interferes with their work performance, or creates a hostile work environment. If a California employees feels like they, or someone they work with, has experienced sexual harassment, an LFJ sexual harassment attorney will fight for their rights.
The workplace is a territory where activity of a sexual nature is typically not tolerated. If there is illicit sexual activity that causes unease in the workplace, it is crucial to seek out the help of a sexual harassment attorney. Sexual harassment lawyers understand the intricacies of employment law and will be able to stand up for workers’ rights to ensure they do not continue to feel uncomfortable at work in the future. They can also ensure the sexually harassed worker is compensated for experiencing sexual harassment.
Sexual harassment is against the law and if someone feels they have a legitimate case, they can file a lawsuit against the offender. There are laws in place to protect victims of workplace sexual harassment. California State Law provides for the Fair Employment and Housing Act which prohibits sexual harassment in workplaces and it applies to all employers that have one or more employees.
Types of Sexual Harassment
It’s important to remember the following in connection with sexual harassment workplace behavior:
- The sexually harassed can be the same gender as the harasser.
- Anyone affected by conduct of a sexual nature can be a victim of sexual harassment, even if they have not been directly harassed. This means that if a supervisor is sexually harassing his or her secretary, but the person in the cubicle adjacent to the secretary feels uncomfortable, that co-worker can also be a victim of sexual harassment and seek out the assistance of a sexual harassment attorney.
- Unlawful sexual harassment can occur without economic injury or wrongful termination. This means that it doesn’t take the loss of a job, or job suspension, to file a sexual harassment claim. The sexually harassed employee can simply report a feeling of uneasiness, unless they have more concrete physical evidence of sexual assault or misconduct.
Sexual Harassment At Work – FAQ
what is quid pro quo sexual harassment? quid pro quo sexual harassment is when a supervisor looks for sexual favors from a worker in return for a job benefit — such as: a raise, better schedule, or promotion — or to avoid a pay cut, demotion, or even a poor performance review.
what to do if sexually harassed at work? You may file a complaint with the Federal Equal Employment Opportunity Commission (EEOC), which enforces federal anti-discrimination laws. But it is always a good idea to report the sexual harassment to HR so there is a record of the harassment in the workplace you experienced.
is sexual harassment a form of discrimination? According to the state of California, sexual harassment is a form of sex discrimination based on gender, gender identity, gender expression, or sexual orientation. Individuals of any gender can be the target of sexual harassment.
how to file a sexual harassment complaint? You can file this complaint with The U.S. Equal Employment Opportunity Commission (EEOC) or the California Department of Fair Employment and Housing (DFEH). Employers are subject to an EEOC complaint only if they have 15 or more employees, are liable under a DFEH complaint even if they have only one employee.
what is the difference between sexual assault and sexual harassment? Sexual harassment is a broad term that can include many types of unwelcome sexual advances, including both verbal and physical sexual attention. Sexual assault refers to sexual contact or behavior, usually physical, that occurs without the consent of the victim, regardless of the sexual orientation of the victim or the victim’s gender.
can you sue for sexual harassment? It is possible to pursue a sexual harassment claim if there has been harassment in the workplace. Under California law, both the employer and the harasser (if they are different people) can be liable for damages caused by sexual harassment. Knowing who is responsible for the sexual harassment that takes place in the workplace could be crucial to your claims.
how to handle sexual harassment in the workplace? Aside from moving forward with the complaint process and mentioning the unwanted sexual advances to HR or some other witness, the best thing to do is contact a workplace sexual harassment law firm who can help, like Lawyers for Justice, PC.
can sexual harassment be unintentional? It doesn’t matter how a comment of a sexual nature or behavior, sex discrimination, or sexual harassment behavior is intended: if a reasonable person could consider it sexual harassment, the harasser can be liable. This is expressly stated in the Sex Discrimination Act 1984.
can you be compensated for sexual harassment? If you hire an attorney to fight a workplace sexual harassment case on your behalf, the sexual harassment lawyer can help you receive compensation for the harassment in the workplace.
can you press charges for sexual harassment? If a California worker has been the victim of criminal sexual workplace harassment, they have the right to file a complaint. Federal sexual harassment laws require the victim of sexual harassment to file a charge with the EEOC before filing a complaint in federal court.
is it sexual harassment if it’s consensual? Sexual harassment only occurs when sexual conduct is unwelcome to the victim. Behavior of a sexual nature that a person consents to, or welcomes, is not considered sexual harassment.
is there a statute of limitations on sexual harassment? According to the Department of Fair Employment and Housing (DFEH), the statute of limitations for filing a sexual harassment claim or case in California is one year from the date of the last incident of sexual harassment.
Have you experienced sexual harassment at work? Call us so we can fight for you.
818-647-9323 or visit us at CallJustice.com.