Sexual harassment in the workplace can take many forms. Any kind of harassment should not be tolerated in the workplace, and California laws provide protection from this type of misconduct. If you or a loved one has been the victim of sexual harassment, your Long Beach sexual harassment lawyer can help. We have worked with many clients and successfully fought for monetary compensation and other forms of relief for those clients.
While stereotypical examples of sexual harassment often involve an older male in a position of power pursuing a female coworker or subordinate through lewd comments and unwanted advances, sexual harassment can occur in many ways. Inappropriately suggestive conversation, sexually explicit screensavers, and uninvited physical contact can constitute forms of sexual harassment. The gender and job titles do not matter as much as the nature of the conduct.
Actions by anyone in a workplace that is sexual in nature and leads to an intimidating, offensive, and hostile environment can be considered sexual harassment. Two factors that your Long Beach employment attorney can consider when researching your case are the severity of the misconduct and the pattern of behavior. Any act of sexually suggestive behavior is inappropriate in the workplace, but repeated patterns of misconduct are considered more serious offenses.
The individual who commits the harassment can be held accountable through the court system, but so can employers who failed to address the harassment or even condoned those actions. One example would be a manager or CEO who was made aware of an offending employee but failed to discipline that worker. Credible accusations of sexual harassment can be grounds for immediate termination, and business owners have an obligation to provide safe work environments for their workers.
It is, therefore, very important that if you believe you have been subjected to sexual harassment, that you report it to your company Human Resources or management to provide them with an opportunity to correct the issues.
Individual acts of sexual harassment usually fall into one of three categories: visual, verbal, and physical. At-fault parties may be found liable for committing any combination of these three forms of sexual harassment.
Leaving sexually suggestive materials where workers can see them can constitute sexual harassment. Verbal sexual harassment could include inappropriate compliments on the physical features of a worker.
During your consultation with one of our attorneys, they can listen to the details of your case to determine which legal course of action to take. Here are some of the more common forms of sexual harassment experienced by our clients.
These are just a few examples, and sexual harassment can take all shapes and forms. Not every incident results from someone wanting to have romantic or physically intimate relationships with the victim. Sexual harassment can have qualities of bullying, but it’s the sexual nature of the inappropriate acts that make them sexual harassment.
While traditional connotations of sexual harassment involve males harassing females, gender doesn’t matter. It is the nature of the interactions and the awareness by the perpetrator that their actions are unwanted that can give a victim legal grounds to sue the at-fault party and an employer who failed to address the problem.
You should consider contacting an attorney if you have already reported sexual harassment to management or human resources. If the person sexually harassing you is your manager or a supervisor, you are not required to report to management or human resources before filing a legal claim. Once you have put your employer on notice of the sexual harassment, an experienced employment attorney can assist you in filing necessary government complaints to get the legal process started, and help you navigate the litigation process and seek a favorable result.
California laws protect workers from sexual harassment at the workplace, and they also protect workers from retaliation if they choose to take legal action. You are under no obligation to remain in an environment where you feel unsafe. Our lawyers can take legal action whether you remain at work or choose to leave. Either way, one of our attorneys can fight to have you compensated for your experience.
Your sexual harassment lawyer in Long Beach, California can look at the facts of the case when determining who the defendants will be. In most cases, it will be your employer (if the employer was put on notice) and the person directly engaging in sexual harassment. There may be grounds to add additional people or entities, but that is something you should discuss with your attorney.
Through the settlement process or a jury award, there are many forms of relief that could be ordered in your favor. One common remedy involves the defendant agreeing to pay monetary damages. This does not always mean that they admit fault. Monetary damages can help victims recover from their traumatic events because they know that the at-fault party was held accountable for their actions.
As part of a settlement or jury award, the company where the offense took place could be ordered to revise its policies on sexual harassment. The at-fault party may be ordered to take training so they better understand sexual harassment laws. The entire workforce could even be ordered to undertake mandatory training sessions.
No single action by the courts can undo the often humiliating and traumatizing acts that led to the claim, but the justice system can restore a semblance of peace and security in the plaintiff once they see that sexual harassment is not tolerated in our court system. Having the right attorney for this journey is critical. Our lawyers understand how to work with compassion, and we never forget that each client is, first and foremost, a person who deserves to be treated with respect and dignity.
A: Yes. You can sue for harassment based upon protected characteristics in California. One common form of harassment is sexual harassment. Sometimes, the misconduct is obvious, like when a male makes a lewd comment to a female coworker. Other times, the at-fault party is not as obvious. One example would be a manager who is permissive of environments that make employees feel unsafe because of gender-based jokes or sexual banter.
A: Any action or behavior of a sexual nature that results in a hostile, offensive, or intimidating work environment is considered sexual harassment. The severity of the acts, the harm done, and any history of misconduct are all factors that your sexual harassment lawyer can consider when deciding whether your experience merits legal action. It’s crucial to keep proof and document everything to strengthen your case.
A: The vast majority of cases settle outside of court. Most defendants do not want to risk a large judgment against them. Juries do not take kindly to people who sexually harass coworkers. If your case settles, that could take months or well over a year as both sides negotiate what a fair settlement looks like. Your attorney’s job is to gather evidence as a means of negotiating an optimal settlement that meets your goals.
A: Harassment often falls into three categories: physical, verbal, and visual. Being subjected to nude pictures or images would be an example of visual sexual harassment. Verbal harassment would include suggestive comments, like when a supervisor complements a female worker on the physical features of her body. Inappropriate physical contact, even if it is a hand on the shoulder, could constitute sexually inappropriate behavior.
A: Yes, you should report sexual harassment to HR or management before contacting a lawyer. They should be made aware of the sexual harassment so that can take steps to stop it. If they are aware of its existence and permit it to continue, this is when you should contact an employment attorney. Your lawyer can help you file a claim or lawsuit against your employer who was aware of the sexual harassment, as well as the harasser.
Any form of sexual misconduct is inappropriate and harmful to the victim. Those acts also violate employment laws in California. Whether the at-fault party was a colleague, manager, or even a client, any act of sexual harassment could be grounds for legal action. Hennig Kramer LLP, has helped many clients collect monetary damages through the filing of a sexual harassment claim. To schedule your consultation with one of our lawyers, contact our office today for a free consultation.
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