Sexual Harassment
CALIFORNIA SEXUAL HARASSMENT AND DISCRIMINATION ATTORNEYS
Sexual discrimination and harassment in the Workplace is any unwanted, unwelcome conduct of a sexual nature (either physical or verbal) that violates Title VII of the Civil Rights Act of 1964. Generally, the law differentiates between the two basic legal categories of sexual harassment.
QUID PRO QUO SEXUAL HARASSMENT
Latin for ‘something for something,’ this type of harassment occurs when your boss offers you a benefit, usually a promotion or pay increase, or even a threat to remove a benefit, unless you provide a sexual favor. The ‘favor’ could be a date or travel opportunity that you take as an implied order to have sex with your superior.
HOSTILE ENVIRONMENT
Less obvious is sexual harassment in an unpleasant and offensive working environment where coworkers or a superior engages in conduct such as slurs, ridicule, sexual language, constant requests for dates, sexual propositions, posting obscene images or emails, intimidation, taunts, groping and grabbing. Most courts use a “reasonable person” standard to determine if a reasonable person under the circumstances would consider the work environment as hostile or offensive.
Isolated or minor incidents are not enough, but if there is a pattern of frequent offensive conduct that creates a hostile atmosphere or if you are fired from your job, demoted or denied promotion based on your refusal to play along or comply, your employer must investigate and remedy the conduct or face possible legal sanctions including compensation to you.
Harassment may occur between members of the same sex as federal law prohibits same-sexual harassment. Also, any unwelcome sexual conduct, regardless of the harasser’s intentions, constitutes prohibited sexual harassment. Further, anyone adversely affected by the conduct may bring a claim even if they are not the intended victim.
FIGHTING SEXUAL HARASSMENT AND DISCRIMINATION IN THE WORKPLACE
You can protect yourself from sexual harassment in the workplace by undergoing a number of steps including the following:
Tell the harasser to stop. If the person continues, record the date, time and circumstances of the particular conduct and send the record by mail to the harasser. Retain a copy for yourself.
If the conduct is frequent and offensive, file a complaint with your supervisor or employer. Your company should have a manual or written protocol on handling such complaints. Under California law, if a supervisor is the harasser, the employer is liable under strict liability. Should the harassment be by a co-worker, the employer is obligated to investigate if he or she is so notified and must take immediate steps to correct the behavior.
If your company has no procedures in place or if there is no satisfactory resolution, contact an attorney from Tovarian Law.
Our attorneys will assist in evaluating your claim and in choosing which avenue will be the most effective in stopping the harassment and obtaining a remedy for any damages you have suffered as a result of the harassment. Usually, but not always, that first avenue is reporting the instance of sexual discrimination and harassment in the workplace to the U.S Equal Employment Opportunity Commission (EEOC). Our attorneys will assist you in filing this complaint.
The EEOC will investigate your case by looking at the circumstances and the context of the incidents. If the investigation and the attempts to settle the conflict do not resolve the problem you can file a lawsuit. The EEOC will provide you with a letter that will allow you to take your case to the court.
CONTACT CALIFORNIA SEXUAL HARASSMENT AND DISCRIMINATION LAWYERS
If you have been sexually harassed or are the victim of discrimination at your workplace, contact Tovarian Law. Our attorneys will provide you with the necessary legal protection and assist you in recovering compensation. You should not have to endure any degree of mistreatment or discrimination because of your sex or gender. Whether you have suffered sexual harassment, sexual abuse or some other form of sexual misconduct, our attorneys will handle your claim.
No one can be at their best or work to their potential if they are in a hostile work environment. Do not let sexual slurs, innuendos, jokes or other sexually-based comments affect your ability to perform your job. Consult the Employment Sexual Harassment and Discrimination Lawyers who are sympathetic to your dilemma and who will aggressively handle your claim.
Call Tovarian Law today for a free, no-obligation consultation. We have the necessary experience and the resources to properly handle a sexual harassment and discrimination case.