Unfortunately, hostile work environments are a far too common occurrence in the state of California. Sexual harassment is a primary reason behind a lot of hostile work environment situations and poses a significant challenge to employers and employees alike. Despite how common sexual harassment cases are, often they’re treated as a joke or not taken seriously by employers. Employees may experience unfair or degrading interactions in their everyday work lives as a result. When your employer fails to listen to you about claims of sexual harassment, the consequences can be devastating. You should not let your harassment claim go unheard if you are facing a hostile work environment or being harassed or treated inappropriately at work.
The sexual harassment attorneys at the Law Offices of Samer Habbas & Associates can help. Our employment attorneys have the knowledge, experience, and resources to handle sexual harassment claims in the workplace. With multiple offices located in Irvine, Anaheim, Los Angeles, El Segundo, Riverside and San Diego, our sexual harassment lawyers represent victims in the workplace across Southern California. For more information or to schedule a free consultation, please call 949-528-8136.
Many different acts and circumstances can fall into the category of sexual harassment, although it generally falls into one of the following categories:
There are laws in California that are designed to protect victims of sexual harassment, those who witness sexual harassment, and those who help support others who have been harassed. In many cases, sexual harassment is motivated by a variety of factors other than sexual desire and motivation, such as subjugation, control, or the abuse of power. In addition, sexual harassment laws are gender-neutral and cover both men and women.
According to Title VII of the Civil Rights Act—a federal law that pertains to sexual harassment— employers with more than fifteen employees are subject to the law. However, there is no minimum number of employees required for an individual to pursue an employer for sexual harassment under the California Fair Employment and Housing Act (FEHA). In addition, the Act provides broader protections than Title VII.
In addition, the law does take into account the prevalence of continuous, ongoing, or very severe acts of sexual harassment in the workplace. This means that, even though each act alone may not be so severe as to constitute an unlawful hostile work environment, they can add up to create such a situation. If you feel that you have been subjected to multiple, small incidents of sexual harassment, you may still have a strong enough case to win compensation or damages.
As previously stated, any inappropriate or unwelcome sexual behavior remarks or physical advances at work are considered sexual harassment in the state of California. In fact, sexual harassment laws in California are among the most comprehensive in the nation. According to the California Fair Employment and Housing Act as well as other laws in the state, employees are protected from both covert and overt sexual harassment at work. Sexual harassers must be held accountable immediately and victims should be given the compensation they deserve for what they have had to endure. Sexual harassment in the workplace can be divided into two general categories: quid pro quo and hostile work environment.
Quid pro quo, which translates to “something for something”, describes some sort of exchange getting something in exchange for something else. A sexual harassment case where someone has offered something in exchange for completing a sexual favor or request is known as quid pro quo. Generally, a sexual favor is exchanged for a favor at work.
For example, an employee who is offered a raise in exchange for sexual favor or agreeing to go on a date. As a first or isolated offense, quid pro quo sexual harassment can be serious enough to get the offender in legal trouble beyond having to pay compensation or damages to the victim.
Any sexually explicit behavior, language, or advances that create a hostile work environment are illegal in the state of California. In these cases, sexual harassment often causes an employee to feel unsafe or uncomfortable in their place of work. A hostile work environment typically includes cases where sexual harassment, abuse, innuendos, content, or jokes are widespread enough to induce intimidation, put someone at risk, or make them feel uncomfortable, victimized, or unable to complete their jobs effectively.
Sexual harassment can typically be divided into these two primary categories, but there are still many forms of sexual harassment, some more subtle than others. For example:
Taking legal action against sexual harassment in California can be a complicated and emotionally challenging process. In many cases, victims of sexual harassment feel they won’t be taken seriously or struggle to come forward because they’re embarrassed. However, you deserve to feel comfortable and safe in the workplace and should report any sexual harassment that you are a victim of.
Due to the complexities often associated with sexual harassment cases, you should hire an attorney to help you throughout the process. You will likely have many questions regarding sexual harassment and abuse, and an experienced lawyer can provide you with the right answers. Your attorney can help you to formulate a strong legal strategy with the information you provide about your experience.
It’s also important to note that any information you share will remain 100% confidential and will be protected by your attorney. It is the prosecutor’s job to identify the defendant in your case after investigating your case. Once you have chosen a lawyer, met with them, shared the details of your case, and provided any evidence you have, your lawyer will file the paperwork to initiate your claim in the correct county. It’s important to gather as much evidence as possible to help an attorney with your case. For example, any sexually explicit or lewd texts or emails should be kept. With the help of an attorney who has specific experience in sexual harassment cases, you should be able to recover damages for any physical, emotional, and economic turmoil that you have gone through due to workplace sexual harassment.
