Inglewood Sexual Harassment Lawyer

Inglewood Sexual Harassment Attorney

California laws forbid anyone in the workplace from sexually harassing another person. This form of misconduct can be verbal, visual, or physical. If you or a loved one has experienced humiliation and degradation due to the sexually harassing actions of someone at work, contact your Inglewood sexual harassment lawyer. We can fight to protect your rights and to have you awarded monetary compensation for your losses.

Regardless of your position, age, or job title, sexual harassment can happen to anyone. Employees should be aware of the behavior that can qualify as sexual harassment and the rights that all workers have in the workplace.

What Are Two Common Forms of Sexual Harassment?

Our law office commonly sees two types of sexual harassment: quid pro quo and hostile work environment.

Quid Pro Quo

Quid pro quo harassment comes from someone in a position of power or authority. This could be an employer, supervisor, or business owner. If the person in charge offers a subordinate an opportunity or job benefit (such as a promotion, increased sales opportunities, or a lighter workload) on the condition that the subordinate submit to sexual advances, then the at-fault party is committing sexual harassment.

Quid pro-quo-based claims often have dramatic consequences for the at-fault party. California’s employment laws exist to prevent such abuses of power in the workplace. While some workers may be reluctant to take legal action against their employer, no worker is safe under those working conditions.

Hostile Work Environment

Sexual harassment that results from a hostile work environment could have multiple at-fault parties. Offensive behavior by one or more people can create an abusive and intimidating work environment for victims. Physical contact, verbal abuse, jokes, and comments that are of a sexual nature can create a hostile work environment.

The misconduct doesn’t have to be aimed at you. Anyone who feels victimized by a hostile work environment could have grounds for taking legal action against the individuals who create or permit that environment.

Common Examples of Sexual Harassment

Sexual harassment can take many forms. The gender of the at-fault party and victim does not matter. The nature of the conduct is what the courts will consider. Here are several common examples of sexual harassment.

Unsolicited sexual advances are a common type of conduct that can lead to a sexual harassment claim. Discussions about sex are never appropriate for the workplace. Solicitation could come in the form of unwanted texts or emails. Sometimes, the acts are more overt, like when someone in a position of power offers some type of promotion in return for sexual acts.

If someone emails sexually suggestive images or displays sexually suggestive posters, pictures, or other forms of images on their office or desk, those images can make workers uncomfortable. Inappropriate images should be immediately removed. An employer that permits those images to remain could also be considered at fault for harming workers and creating a hostile work environment.

Verbal remarks can constitute sexual harassment in Inglewood, California. Complimenting someone on their physical appearance can make that worker feel objectified and uncomfortable. The comments could be positive or negative. Derogatory comments against someone based on their gender identity or appearance could be grounds for taking legal action or filing a complaint.

FAQs

Q: What Standard Do Courts Use to Determine Whether Conduct Is Unwelcome?

A: The courts will consider the frequency and nature of the conduct and whether those actions could be seen as humiliating or physically threatening. The reasonable person standard is used by many civil courts to determine whether someone’s actions rose to the level of sexual harassment. Under this standard, courts consider whether the actions created an environment that a reasonable person would find hostile or offensive.

Q: How Long Will My Sexual Harassment Case Take to Resolve?

A: Most civil court cases take at least a year to resolve. Both the plaintiff and defendant have to gather evidence and testimony. This is known as discovery, and the fact-gathering process generally moves slowly and methodically.

The longest phase of the process involves negotiations between both parties, where the attorneys representing each party try to reach a settlement agreement. If both parties cannot agree to a settlement, the case will go to trial, where a judge or jury will decide if the defendant is at fault and, if they are, how much they should pay in compensation.

Q: Are Harassment Cases Hard to Prove?

A: The standard for civil court cases is a preponderance of the evidence, meaning that your lawyer must show that the plaintiff’s arguments are more credible than the defendant’s arguments. To prove your case, your lawyer can gather evidence and testimony through depositions. Documents, emails, text messages, and eyewitness testimony are all helpful evidence in a sexual harassment case.

Q: Is Sexual Harassment Illegal in California?

A: Yes. Sexual harassment is illegal in California. Anyone who is a victim of this type of misconduct can take legal action by filing a complaint with the government or directly suing the at-fault party.

According to the EEOC, sexual harassment can include unwelcome sexual advances and verbal or physical harassment of a sexual nature. For those acts to be considered unlawful, they must be either severe or pervasive. It is possible for one act of sexual harassment to be severe, depending on the actions of the at-fault party.

Q: What Evidence Is Needed to Prove a Case of Harassment?

A: Evidence in a sexual harassment case can take several forms. Documents, emails, text messages, and eyewitness testimony are all helpful evidence in a sexual harassment case. If you are the victim of this form of harassment and you took notes about the misconduct during your ordeal, that can be used in court.

Any communications to colleagues or upper management could also prove your case. Internal communications that can be obtained through subpoenas can also be used as evidence. Another strong form of evidence could be testimony under oath through depositions. These are taken before trial, during discovery.

Schedule Your Sexual Harassment Consultation Today

Any instance of sexual harassment should not be tolerated. These acts create unsafe work environments where employees feel humiliated and victimized. Often, the most effective remedy for this type of misconduct is legal action. The office of Hennig Kramer LLP, is here to help. We handle these types of cases with compassion and care. With the right legal representation, you can hold the at-fault party accountable for their misconduct. To schedule your consultation, contact our office today.