Employment Law Attorney in California
Employer Sexual Harassment
Harassment can come in many forms. Sexual harassment, which is similar to gender/sex discrimination (and is a form of sex discrimination), can be “quid pro,” which translates to “something for something,” meaning a supervisor/manager suggests, offers, or hints that you will receive something (or in the alternative – nothing bad will happen such as termination) in return for a sexual “favor.” The less overt forms of sexual harassment are much more common, however, are the type that has been in the news a lot lately with the #MeToo movement. Sexual harassment normally takes the form of unwanted sexual advances, conduct, comments or discussions. This more common form is referred to as creating a “hostile work environment.” The unwelcome actions or verbal communications create an uncomfortable, intimidating, abusive work environment that is so “severe” or “pervasive” that it affects your ability to perform your job duties or attend work. These unwanted actions can come from a co-worker or a supervisor. Unlike discrimination, harassment does not require an adverse employment action. This means to state a claim for harassment, you do not need to, e.g. be terminated. The conduct needs to be severe (shocking to an objective person in your shoes) or pervasive (happens consistently over a period of time). Always tell the person to stop, and report the conduct in writing to a higher supervisor and human resources.
Other forms of harassment can be based on any class protected by the Constitution, including race, gender, pregnancy, age (40+), sexual orientation, national origin, and marital status. The same standards and rules apply – the actions taken against you because of your race, gender, etc., must be so severe or pervasive that “they create” a hostile work environment.
Potter Handy, Employment Rights Law Firm has handled countless harassment claims based on each of the protected classes. It is unfortunate that this mistreatment is so prevalent in today’s workforce. Fortunately, there are strong laws in California to protect you.
Potter Handy - Employment Rights Law Firm can help you make it stop. We handle cases throughout all of California. Call for a free consultation today. (858) 365-9722
If You Are Wronged, We Will Make It Right.
If you have or believe you have become the victim of sexual harassment or another form of discrimination in a California workplace, you do not have to simply ignore it, cut your losses, and move on. Harassment and discrimination by coworkers, managers, or employers is illegal in California and you have legal recourse to right these wrongs.
Sexual harassment may include:
- Verbal, written, or physical, or a combination of these.
- The victim as well as the harasser may be a woman or a man. The victim may be of the same sex.
- The harasser can be the victim’s supervisor, a supervisor in another area, a co-worker, or a non-employee.
- The victim does not have to be the person harassed, but could be anyone affected by the offensive conduct.
- Unlawful sexual harassment does not have to cause economic injury to or discharge of the victim, meaning you don’t have to be fired for it to be a hostile work environment.
- The harasser’s conduct must be unwelcome.
We cannot list all "Sexual Harassment" violations, please contact us today for an initial case evaluation. You will speak with one of our attorneys to discuss your situation. You will receive information concerning your particular matter and you can evaluate whether our attorney fits your needs and comfort level.
Contact us today at (858) 298-2762