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Los Angeles Sexual Harassment Lawyer
Sexual harassment is illegal and no one should ever have to experience it. Unfortunately, sexual harassment occurs in many workplaces and victims are often left unsupported by the employer and blamed for speaking up. Sexual harassment includes unwelcome sexual advances, inappropriate physical touching, offensive verbal comments, and requests for sexual favors. Sexual harassment can take place by supervisors, managers, co-workers, clients, customers, and others in the workplace. Victims of sexual harassment have rights under California and can hold their employers accountable for allowing this traumatic behavior to take place in the workplace. At Equate Law, our experienced legal team knows how to hold your harasser and employer accountable for the trauma you have suffered.
What Is Sexual Harassment In The Workplace?
- Quid Pro Quo harassment is when someone conditions a job, promotion, pay, assignment, or other work benefit on your willingness to engage in sexual activity or other conduct based on sex. Whether or not the employee engaged in the sexual activity, the demands and conditions are illegal when they are not consensual. If the harasser retaliates against the employee for rejecting the sexual advances, that is also illegal. This type of sexual harassment generally occurs when a superior employee seeks to takes advantage of a subordinate employee.
- Hostile Work Environment harassment occurs when unwelcome sexual comments or conduct based on sex interfere with the employee’s employment or make the workplace offensive or intimidating. Generally, this type of harassment must be severe or pervasive to be unlawful. Sexual harassment can occur even if the inappropriate conduct is directed to others inside or outside the workplace. In fact, courts have also found that single acts or instances of harassment are enough to be actionable. Some factors that courts look at to determine if sexual harassment occurred are: frequency of the conduct, duration of the conduct, title of the bad actor, title of the victim, pattern and practice of harasser, and company sexual harassment policies.
Examples of Quid Pro Quo Sexual Harassment
The United States Department of Labor (DOL) publishes fact sheets and advisory notices on unlawful sexual harassment in the workplace. According to the DOL, some examples of quid pro quo sexual harassment are:
- supervisor who fires or denies promotion to a subordinate for refusing to be sexually cooperative;
- supervisor requires a subordinate to participate in religious activities as a condition of employment;
- supervisor offers preferential treatment/promotion if subordinate sexually cooperates or joins supervisor’s religion.
Examples of Hostile Work Environment Sexual Harassment
According to the DOL, some examples of hostile work environment sexual harassment are:
- Unwelcome touching;
- Unwelcome sexual advances or requests for sexual favors;
- The use of microaggressions, or verbal and nonverbal insults, comments, or other unwelcome behavior, that may be intentionally or unintentionally offensive, demanding or degrading.
- Using the term “tranny” to refer to transgender persons, or asking personal and private questions about a perceived or known transgender person’s genitalia;
- Telling racist, sexist, homophobic, transphobic, or xenophobic jokes or stories;
- Teasing, name calling, ridiculing, insulting, mocking, mimicking or repeatedly commenting on or making gestures about an individual’s disability, accent, hair, or other protected characteristic;
- Using “pet” names or sex-based nicknames or other forms of stereotypes;
- Making demeaning, obscene, or lewd comments, slurs, epithets, or suggestions;
- Displaying or discussing inappropriate or sexually suggestive or insensitive objects, pictures, images, or cartoons;
- Exhibiting bullying, intimidating, or threatening behavior;
- Continuing unwelcome behavior (as defined by the Policy and procedures) after an individual has objected;
- Displaying belittling caricatures or objects depicting persons of a particular race, national origin, religion, or other protected basis, or other objects with a sordid history based in racism or discrimination, such as the display of Swastikas, nooses, or the Confederate flag;
- Leering at or ogling another person;
- Stalking or following a colleague, including through the use of social media or off-site; and,
- Improperly disclosing confidential information about another person related to their actual or perceived status in a protected class.
Sexual Harassment Happens to Both Men & Women
Sexual harassment in the workplace is unfortunately all too common, with both men and women being targeted. If this has happened to you, it’s important to remember that you have options for recourse. You should report the behavior to your employer, even if it’s uncomfortable or difficult. If your employer doesn’t take action or you don’t feel comfortable reporting to them, you can reach out to our office for advice. Seeking support from a law firm like Equate Law can also be helpful, ensuring that you receive the guidance and representation you need to protect your rights and hold the harasser accountable. Remember, you don’t have to face sexual harassment alone. There are resources available to help you through this difficult experience.
Evidence Is Key
Employees who have been subjected to sexual harassment can take several steps to protect themselves. These steps include complaining to the harasser in writing and telling them that the behavior is unwelcome, memorializing the details of the harassment in a notebook or diary, and reporting the harassment to a supervisor or HR representative. If these steps do not resolve the issue, it is important to seek legal advice to determine the best course of action.
California State Laws Protect Sexual Harassment Victims
One of the most important California laws prohibiting sexual harassment is the Fair Employment and Housing Act (FEHA), which offers more protections than Title VII of the Civil Rights Act of 1964. Under the FEHA, sexual harassment in the workplace is explicitly prohibited and unlawful.
Damages for sexual harassment cases could include:
- Back pay and back wages;
- Future lost earnings;
- Job position reinstatement;
- Pay differential from a promotion, raise, or bonus;
- Benefits or pension benefits;
- Pain and suffering;
- Emotional distress; and,
- Attorney fees and legal costs.
California employees and applicants who believe that they have been sexually harassed or retaliated against may file a complaint with the California Civil Rights Department to have their claims investigated, but there are strict deadlines that apply. Sexual harassment can lead to decreased job satisfaction, increased stress, and even mental health problems. It is important for employers to take a strong stance against sexual harassment and for individuals to speak out if they experience or witness it. By speaking up and holding employers accountable, employees can create a workplace where everyone feels safe and respected. If you feel that you have been sexually harassed, schedule a confidential consultation with Equate Law to explore your legal options.
Your Employer Has A Duty To Investigate
Every employer in California is liable for harassment when its supervisors, managers, or agents engage in sexual harassment. California employers have an affirmative duty to take reasonable steps to prevent harassment in the workplace and to investigate reports of sexual harassment when they are made. The California Civil Rights Department issues fact sheets and advisory notices on employer responsibility in the workplace.
Employers must take immediate and appropriate corrective action when being on notice of sexual harassment in the workplace. Employers have an affirmative duty to take reasonable steps to prevent and promptly correct discriminatory and harassing conduct, and to create a workplace free of harassment. Many California employers are also required to provide sexual harassment training to employees to educate the workforce on what type of conduct is not allowed.
Some requirements that California employers under the FEHA must follow to prevent harassment in the workplace are:
– Post a copy of the California Department of Fair Employment and Housing’s employment poster entitled “California Law Prohibits Workplace Discrimination and Harassment” in a prominent and accessible location in the workplace;
– Post a poster developed by the California Department of Fair Employment and Housing regarding transgender rights in a prominent and accessible location in the workplace; and,
– Provide sexual harassment training to employees.
Dealing With A Sexual Harassment Case?
Sexual harassment in the workplace can be a traumatic experience that leaves victims feeling helpless and violated. However, victims do have legal options available to them. Equate Law is committed to helping those who have been subjected to sexual harassment pursue justice through the legal system. Our experienced attorneys can provide guidance and support every step of the way, from filing a lawsuit against the employer to ensuring that the victim’s rights are protected throughout the legal process. At Equate Law, we believe that everyone deserves to work in a safe and respectful environment, and we are dedicated to fighting for the rights of victims of sexual harassment.
Equate Law can help employees by providing them with guidance on how to collect evidence, file a complaint, and pursue legal action in court. Many sexual harassment lawsuits are settled before they go to trial but preparation is critical to building a strong case for trials and settlements. Equate Law will guide you through the entire legal process and make sure you receive the best result.
Equate Law Is Available & Accessible
In recent years, several high-profile sexual harassment cases have been heard in Los Angeles. These cases have resulted in significant monetary awards for victims and have brought about changes in the way sexual harassment is viewed and dealt with in the workplace. The success of these cases is a testament to the importance of seeking legal counsel when experiencing sexual harassment in the workplace.
Sexual harassment in the workplace is a serious issue that can have lasting effects on an individual’s mental and emotional well-being. Thankfully, there are laws in place to protect employees from such behavior. Equate Law, a Los Angeles based employment law firm, specializes in sexual harassment lawsuits and represents employees who have been harassed. With experienced attorneys well-versed in federal and state laws related to sexual harassment, clients can rest assured that their case is being handled with the utmost care and attention. Let Equate Law Firm help you fight back against workplace harassment and ensure that your rights are protected.
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