As sexual harassment lawyers in California, we firmly believe that everyone deserves an equal right to feel comfortable at their place of employment. Anybody can be a victim of sexual harassment and it is not something that should be tolerated. Both males and females can be victims of this type of harassment, and both males and females can be the harassers. It can be physical, visual or verbal. If you feel your rights have been violated and you have been sexually harassed in the workplace in California, speak with an experienced attorney today.
According to California employment law, the following can all be considered as sexual harassment:
* Physical Harassment
* Sexual Advances
* Sexual Propositions
* Verbal Sexual Abuse
* Visual Sexual Abuse
Sexual harassment is defined as any unwanted verbal, physical, or visual sexual conduct as well as any unwanted sexual advances towards another individual, according to California law and according to the Fair Employment and Housing Commission regulations. If an employer is made aware that this is taking place at the workplace, it is his or her duty to put a stop to it. If an employer fails to do so, that company may be facing a lawsuit. An attorney can help if you are wishing to press charges against an employer or company.
It is not always an employee that sexually harasses a fellow employee. Sometimes, an employee might actually be harassed by the employer. In some cases, an employer will either threaten or offer a promotion to an employee in return for intimate acts. This might result in job loss for the employee because he or she no longer feels comfortable there, or because the employer fired him or her when they did not comply with their threats.
The standard, under California law, for whether harassment based upon sex or gender has taken place is whether the harassing conduct is either severe (e.g. physical touching, blatant verbal abuse, etc.) or pervasive (less significant conduct that permeates the workplace and creates a hostile working environment). The liability of the employer for sexually harassing conduct of an employee or supervisor depends upon a lot of factors including the following:
- Whether the harasser holds a managerial position or title or is a fellow employee
- How long the victim has been subjected to harassing conduct
- Whether the person being harassed reported the improper conduct to human resources
- What actions including investigations and remedial actions the employer take or failed to take following any report of inappropriate behavior
A California employment attorney is best suited to analyze any particular set of workplace conditions and determine if there may be a cause of action. Compensation in a civil legal action for harassment based upon sex can include lost wages (if the employee complained and was terminated), emotional distress for the mental anguish and possibly attorney’s fees and costs of pursing a lawsuit. All of these issues should be analyzed and reviewed with a lawyer familiar with the laws of the State of California and experienced in litigating such claims in Los Angeles, or whichever venue where the conduct took place. Seeking prompt legal advice can make all the difference in these types of legal claims for compensation.
Steven M. Sweat, APC has over two decades of experience in litigating and obtaining compensation for victims of sexual harassment in workplaces in Los Angeles, Orange County, the Inland Empire and San Diego. Call our 24 hour a day / 7 day a week legal helpline toll free at 866-252-0735
Click here for additional information on sexual harassment laws in California.