Glendale Sexual Harassment Lawyer

Glendale Sexual Harassment Attorney

Sexual harassment is a demeaning and inappropriate behavior that far too many individuals are subjected to despite the federal and state laws that prohibit such conduct. A person can be a victim of sexual harassment regardless of their gender, age, or sexual orientation. Employees who face sexual harassment can take action against their employer for engaging in this behavior or failing to address it. A Glendale sexual harassment lawyer can help protect you and your rights.

Employers should be held responsible when they violate their employee’s rights, including by failing to maintain a harassment-free work environment. At Hennig Kramer, LLP, we aggressively fight for the rights and needs of employees suffering from workplace sexual harassment. We hold the aggressor responsible, help you gather important evidence, and help protect you during the process.

The attorneys at Hennig Kramer, LLP have decades of collective experience, and our firm has been supporting employees in sexual harassment cases and fighting against this conduct in the workplace for nearly 30 years. We provide compassionate legal support, while providing uncompromising and effective representation. We are not afraid to bring your claim to trial if settling does not provide the most beneficial results.

What Is Sexual Harassment?

Sexual harassment is any unwelcome or offensive physical, visual, or verbal conduct that is of a sexual nature, including requests for sexual favors or advances that are unwelcome. This does not necessarily mean the conduct is based on a sexual interest, and sexual harassment is still illegal even when this motivation does not exist. While many people have a preconceived idea of what sexual harassment looks like, it can occur to any employee in many ways.

The California Civil Rights Department and the federal Equal Employment Opportunity Commission both enforce laws prohibiting sexual harassment. The EEOC enforces laws as to any employer that employs 15 or more employees. The CRD enforces laws that apply to any employer, regardless of number of employees.

There are two primary types of sexual harassment in the workplace, according to the CRD. They are the exchange of sexual favors for work-related favors (quid pro quo) and a hostile work environment.

Quid Pro Quo Sexual Harassment

Quid pro quo harassment happens when the individual harasser, whether they be an employer, supervisor, manager, or business owner, requests sexual favors or acceptance of sexual harassment from an employee as a condition for positive employment actions. These actions could include increased pay or benefits or decreased workload. It may also be as a condition to avoid negative employment actions, such as termination or demotion. This abuse of employer power is what state and federal laws exist to prevent.

This is considered sexual harassment even if the employer or other individual does not explicitly state the request for sexual favors, but if it is implied. Only one instance of quid pro quo harassment is required to make it illegal and give you the potential grounds for a claim.

Hostile Work Environment Sexual Harassment

A hostile work environment occurs when there are severe or pervasive acts of sexual harassment, including verbal abuse, jokes, comments, or physical contact in a sexual manner. While this environment may be caused by coworkers, the employer can be held responsible when they create this environment or knowingly allow it to exist.

As an employee, you do not have to be a direct target of the hostile environment to be affected by it. If the conduct is significant or repeated and you feel victimized by it, this may be grounds for a claim. An attorney can help review your unique case.

What Are Sexual Harassment Behaviors in the Workplace?

Some forms of sexual harassment are more obvious than others, although all can be damaging. When harassing behaviors are considered minor, then the repetition of these behaviors is required for it to be considered illegal sexual harassment. Some examples of sexual harassment in the workplace include:

• Verbal harassment. Including suggestive conversations, jokes about sex or genitals, teasing about a person’s sexual orientation or gender, and unwanted verbal sexual advances
• Non-verbal harassment. Including explicit screensavers, sharing of sexual private messages or pictures and videos, presenting offensive items, prolonged and provocative staring, and inappropriate gestures
• Physical harassment. Including unwanted physical contact like touching or groping, exposing a person’s body, and pulling at a person’s clothes with the intention of exposing their body

When you experience sexual harassment in the workplace from a coworker, you can file a complaint with your human resources or management first, even when the behavior is minor. This is crucial because it could resolve an unsafe workplace more quickly. If the harassment is not addressed, then the official filing of a complaint of sexual harassment is a crucial piece of evidence.

If working with HR does not resolve the issue, you could benefit from legal support. If the at-fault individual is an employer, you may want to work directly with an attorney, as you are not required to inform HR before filing a legal claim. An experienced attorney in Glendale, California, can listen to the specifics of your case and help you determine what the next steps are.

An employer should be held accountable for failing to create a safe workplace, whether through their own actions or the actions of their employees. When sexual harassment is done by a coworker rather than an employer, the coworker can be held accountable, but so can the employer if the employer has been made aware of the harassment. The employer may be responsible for failing to address the behavior when they knew about it, encouraged it, or failed to take steps to prevent or stop it.

How Does an Attorney Help With a Sexual Harassment Claim?

If taking steps through your management or HR has not worked, then you may want to consider filing a claim. To file a claim in court against your employer for their actions or their failure to act, you must first get the right to sue letter from either the EEOC or the CRD.

It’s important to note down the events as they occur, including when and where the event happened and if anyone witnessed it. The agency may investigate the issue, including the evidence you have provided. Once you receive a right to sue letter, you can file a claim in court against your employer.

This process can be complex, especially when you are unsure how to obtain important evidence. An attorney can investigate and gather evidence and inform you of your rights. This includes your right to protection from retaliation. An employer cannot take negative employment actions against you for protected actions, including when you file a claim for sexual harassment.

FAQs

Q: What Is Quid Pro Quo Harassment in California?

A: Quid pro quo sexual harassment in California occurs when a manager, supervisor, or other individual with similar authority requests sexual favors or acceptance of sexual harassment from an employee in exchange for positive employment actions. This could include raises, bonuses, promotions, and other employment benefits.

This can also occur when the favors are requested to avoid negative employment action, including wrongful termination. The employee’s request does not have to be explicitly stated. An implied demand is also considered illegal quid pro quo harassment.

Q: What Is Unlawful Sexual Harassment in California?

A: Sexual harassment is illegal in California when the acts are severe or pervasive. Sexual harassment is any behavior which is sexual in nature and is offensive and/or unwelcome to a reasonable person. Quid pro quo sexual harassment only requires one event to be illegal and occurs between an employee and someone with power in their job. In a hostile work environment, sexual harassment must be either severe or pervasive, that is, it must be either egregious or frequent, which creates an unsafe or intimidating workplace.

Q: How Do I Prove Sexual Harassment in California?

A: Victims of sexual harassment in California must prove their claims with a preponderance of evidence. This standard of proof means it is more likely than not that the offense occurred. Evidence of sexual harassment could include witness testimony, internal office communications, texts and emails between coworkers or employers and employees, and written reports or documents.

Any record that shows the conversation or behavior in question may be useful evidence and show that the conduct was severe or repeated.

Q: Do I Need an Attorney to Pursue a Sexual Harassment Claim?

A: If you decide to pursue a sexual harassment claim against your employer, you are not required to work with an attorney, although it is strongly recommended. These claims can often be stressful and complicated, and an attorney can help. When you bring a potential claim to a sexual harassment attorney, they can determine if you have a viable claim, help you gather supporting evidence, and determine the actions you can take against your employer.

Glendale Sexual Harassment Lawyer

It is unacceptable to face sexual harassment in the workplace. If you are dealing with any sexual misconduct or a hostile workplace, you can act. When you need a compassionate, respectful, and responsive employment attorney, Hennig Kramer, LLP, can help. We understand how frustrating and disempowering it can be for employees in unsafe workplaces, and we want to help you hold your employer accountable. Contact our team today.