Harassment of any kind is never acceptable, but sexual harassment in the workplace can be especially toxic. Sexual harassment in California takes many forms and can cause real trauma. Victims often do not know how to address or fear retaliation if they report it. For some, the only two responses are either to allow it or quit. Neither of those options is acceptable. You should never have to succumb to sexual harassment to maintain your job. Likewise, you should never have to quit your job to escape sexual harassment.
At Shawn Gol Law, P.C. along with our team in Los Angeles, our sexual harassment lawyer can help. Contact us at (310) 900-0809 to schedule a consultation today.
What Constitutes Sexual Harassment in California?
Sexual harassment is sex discrimination in the workplace. It occurs when an applicant or employee is harassed on the basis of their sex. This includes harassment that is sexual in nature as well as behavior that is offensive in regards to a particular sex in general.
While sexual harassment generally conjures up an image of a male harassing a female, in reality, it can also be a female harassing a male, or a person harassing another person of the same sex. Keep in mind, to be considered harassment, the behavior must be more than a simple offhand, isolated comment. Harassment occurs frequently or is so severe that it results in the victim being forced to work in an offensive or hostile work environment.
In addition, it can be considered sexual harassment when the victim is fired, demoted, or passed over for promotion as a repercussion of the harassment.
As the above suggests and according to Title VII of the Civil Rights Act of 1964, two basic types of sexual harassment exist:
- Quid pro quo sexual harassment, which occurs when a superior or someone in a position of authority (e.g., manager or supervisor) asks for unwanted sexual favors or an inappropriate relationship in return for a promotion, pay raise, a promise not to fire, or other on-the-job benefits; or
- Hostile work environment, which occurs when employees are allowed to make crude jokes, share pictures or content of a sexual nature, make sexual comments, or other similar behavior to co-workers, thus, creating a hostile work environment
If you live or work in Beverly Hills and have experienced either of these types of harassment, contact Shawn Gol Law, P.C. to learn about how you should proceed. Depending on the facts and circumstances, the next steps you take may vary, but these steps are also what may protect you and your rights as an employee in California.
Examples of Sexual Harassment in California
Employers and employees should be clear on what actually constitutes sexual harassment. Following are examples of what is generally considered to be sexual harassment in the workplace.
- Inappropriate touching, rubbing, or rubbing up against another person
- Inappropriate sexual gestures
- Making offensive comments about a certain sex, in general,
- Commenting on the physical appearance of others, including particular body parts and/or clothing
- Sharing inappropriate sexual media, such as pornographic photographs and videos
- Making comments regarding a person's gender or sexual orientation
- Telling inappropriate, lewd, and sexually-based jokes
Sexual harassment can take many different forms. So, if the actions of another person in the workspace create a hostile work environment by making you feel as though you are the subject of sexual harassment, get advice on how to handle it today.
Liability in Sexual Harassment Cases in California
Employees can be held personally liable for sexually harassing co-workers or subordinates. Employers can also be held liable. Determining when an employee or an employer (or both) are liable for sexual harassment depends on the jurisdiction and the particulars of each situation.
Is the Employer Liable for Sexual Harassment?
To start the process to uncover the answer to this question, you should ask other questions, like:
- Was the sexual harasser a person in a supervisory position to the victim?
- Did the harassment result in a hostile work environment?
- Did the employer have control over the employee committing the harassment?
- Did the employer know or should it have known about the harassment and failed to take prompt and proper corrective action?
- Did the victim suffer an employment loss, such as being fired or demoted?
- Was anyone in the company aware of the harassment, like a supervisor or someone in human resources?
- Does the employer make each employee attend training on sexual harassment?
- Are there employer policies in place to prevent sexual harassment?
- Are sexual harassment prevention policies implemented and executed?
Whether or not the employer is liable will come down to who, what, where, and when. Also, keep in mind that some states hold employers strictly liable for sexual harassment. Thus, finding fault – like the above questions are meant to do – is not necessary. This alone is the reason why you should speak to an employment law attorney in your area to make sure you know what the law is and if it applies to your case so that you can address it timely and properly.
Contact an Employment Law Attorney in Los Angeles Today
At Shawn Gol Law, P.C. along with our team in Los Angeles, our sexual harassment lawyer can help. Contact us today by filling out the online form or calling us at (310) 900-0809 to schedule a consultation.