Sexual harassment is a severe offense in California employment law. While there are obvious signs of it, such as unwanted physical touch and verbal harassment, some might go unnoticed.
If you don't know you've experienced sexual harassment in the workplace, then you might not be able to address the current problems that get in the way of your ability to work and your emotional well-being.
That said, here's what you need to know to easily spot sexual harassment in the workplace:
Recognizing California Sexual Harassment In The Workplace
The legal aspect of suing for sexual harassment in the workplace has many moving parts. Here's what our prescreened California workplace harassment attorneys have experienced:
What Are The Laws Regarding California Sexual Harassment In The Workplace?
Californians are protected from sexual harassment in the workplace as a form of unlawful sex discrimination based on gender or pregnancy by strict anti-discrimination laws, both federal and state.
Due to the intricate interplay between federal, state, and local agencies and courts, as well as the tight procedural rules governing notification, filing, and deadlines, these statutes offer legal remedies.
While federal and California laws prohibiting sexual harassment of job applicants and employees are very similar, they apply to different sizes of employers and may offer other legal remedies. For these reasons, it may be essential to speak with an experienced Los Angeles workplace harassment attorney who can explain the differences, consider the specifics of your case, and advise you on your legal options.
Federal Vs. California Laws On Sexual Harassment In The Workplace
Federal and California sexual harassment statutes are very similar in their core principles. For example, both restrict quid pro quo and unfavorable working conditions as forms of sexual harassment.
Anyone, regardless of gender or sex, can harass someone of the same or different sex. In the workplace, harassers may be clients, contractors, managers, or coworkers.
If you're unsure whether your case qualifies, contact a California workplace harassment attorney to help you.
What Are The Different Types Of California Workplace Sexual Harassment?
Let's look at the two categories of workplace sexual harassment in California:
1. Quid Pro Quo
In essence, quid pro quo sexual harassment refers to a situation in which an employer asks for a sexual favor in exchange for a job perk or to avert an adverse employment action. For instance, a perpetrator might require sexual favor for a victim to be hired, promoted, or avoid being let go or demoted.
Again, if you're unsure whether your experience falls under quid pro quo, contact a California employment lawyer to advise you.
2. Hostile Work Environments
This happens when an individual's performance at work is unreasonably hampered by sexual behavior or when a hostile, intimidating, or unpleasant work atmosphere is created.
A hostile environment can be created by the following behaviors:
- Unwanted sexual contact, including violence
- Blocking or close occupation of a person's environment
- Explicit or offensive digital or print images
- Stalking, such as persistently requesting dates or after-work meetings
- Written communications that are offensive
- Crude humor or derogatory remarks concerning a person's physical appearance or gender in general
- Showing off sexual things (i.e., sex toys, images, videos) or behaviors
- Leering
At Which Point Can A Victim Sue In California Employment Law?
The exact facts of each case of sexual harassment vary greatly.
The behavior must be extreme or widespread to foster an unwelcome hostile environment. In other words, one sexual assault would generally be sufficient, but one crude joke would not. But regular or persistent crude humor would probably be enough.
The important thing is to have enough evidence to show the severity or persistence of sexual harassment. You have the right to request your employee documents. However, you might need more to strengthen your claim. Your California workplace harassment attorney can do the investigation for you.
Can You Handle The Issue Internally?
The legal obligations of an employer (which change depending on the number of employees) include the following:
- Protecting against sexual harassment
- Providing information and training
- Establishing a complaint procedure
- Looking into complaints
- Taking action to stop harassment
- Refraining from retaliating against anyone who reports sexual harassment or who cooperates with an investigation or legal claim
When it comes to these cases, you first need to report the harassment to your employer or HR. If there is inaction or refusal to address it, you should consider filing a lawsuit with a California workplace sexual harassment attorney.
That said, if your harasser is your employer, then you should contact a lawyer right away.
Find A Workplace Sexual Harassment Attorney In California
1000Attorneys is California Bar Association Certified and can refer you to a fitting California workplace harassment Lawyer in minutes. However, each case is unique, so you need someone best fit to aid, counsel, and represent you in California.
You may contact us through our 24/7 live chat (or complete our case details submission form) for a free initial consultation.
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