Santa Clarita Sexual Harassment Lawyer

Santa Clarita Sexual Harassment Attorney

There are both state and federal laws prohibiting sexual harassment in the workplace and requiring certain employers to have policies to prevent sexual harassment. Despite this, sexual harassment continues to occur and creates unsafe and hostile workplaces for employees. It can lead to employees being subject to uncomfortable workplaces or quitting. However, employees have options. A Santa Clarita sexual harassment lawyer can help you.

Employees can file a claim against the party responsible for the harassing behavior, which may or may not be an employer. If one or multiple coworkers are responsible for a sexually harassing, hostile environment, they can be held responsible. An employer could also be responsible in these cases for encouraging the behavior or knowingly allowing it to occur. The support of an attorney can help you build a case and secure the right to sue.

Protecting Your Employee Rights in Santa Clarita

Employers have a responsibility to maintain a safe workplace, including a workplace free of harassing behaviors. Employers that engage in sexual harassment or who allow or enable a hostile workplace environment should be held accountable for that. The team at Hennig Kramer, LLP has been fighting for employee rights for nearly 30 years, including defending victims of sexual harassment. We aggressively fight for your rights and can take your claim to trial when needed.

At Hennig Kramer, LLP, our attorneys and team have decades of combined experience and can investigate your case and hold the aggressor accountable, whether that is a coworker, manager, supervisor, or employer.

Understanding Sexual Harassment in the Workplace

Sexual harassment includes physical, verbal, or non-verbal conduct that is inappropriate and sexual in nature. This could include unwanted sexual advances, physical, visual, or verbal, or teasing and intimidation based on a person’s gender, gender presentation, or sexual orientation. The conduct does have to be explicitly sexual or based on actual sexual interests to be considered sexual harassment. Sexual harassment can happen to an employee regardless of their job position, gender, or sexual orientation.

Types of Sexual Harassment

The California Civil Rights Department outlines two types of sexual harassment in a work environment. This includes:

• Quid pro quo sexual harassment. This type of sexual harassment is the stated or implied idea that an employee will receive positive employment actions or avoid negative employment actions in exchange for sexual favors or for submitting to sexual harassment. This type of harassment can be done by an employer, manager, supervisor, or other person with control over an employee’s employment.
• Hostile work environment sexual harassment. This type of sexual harassment can be done by one or more coworkers and occurs when there are unwelcome comments or behavior that make the workplace hostile and intimidating. These comments can also interfere with an employee’s work, whether that is their intention or a side effect of the hostile environment.

This conduct can affect you even if you are not the explicit target of the unwelcome behavior. Conduct must be severe or pervasive to be considered actionable sexual harassment.

What Does Compensation Look Like in a Sexual Harassment Claim?

There are many remedies and forms of relief that the court may order in a claim that successfully proves sexual harassment in the workplace. Monetary damages may be one option, which can recover certain losses you sustained, like personal trauma and suffering, or lost wages and benefits.

There may also be other consequences of a successful case, such as your employer being required to update their sexual harassment policy, preventing the conduct that happened from occurring again. Your attorney in Santa Clarita, California, can help you determine what you may be able to recover or what the outcome of a successful claim may be.

FAQs

Q: What Should Employees Do if They Feel that They Have Been Sexually Harassed?

A: If an employee feels they have been sexually harassed, it is important to first review their company policy regarding sexual harassment. Some company policies require you to first inform an employer, human resources department, or management. In some cases, failing to do this will prevent you from taking further action, particularly if the harasser is a co-worker rather than a manager or supervisor. If you took these steps and the party has not taken action to prevent further harassment, you may want to seek legal assistance.

Q: Are Sexual Harassment Cases Hard to Prove?

A: Sexual harassment cases can be hard to prove in some cases, particularly when there are no witnesses or documentation. These cases rely on showing a preponderance of evidence of sexual harassment occurring. Evidence could include internal communications between employees or an employee and employer, as well as communications outside of work like emails, texts, and phone calls. It could also include reports or documentation of complaints and corroborating reports from eyewitnesses, other victims, or peers.

Q: Can a Manager Be Held Personally Liable for Sexual Harassment in California?

A: In some cases, a manager can be held personally liable for sexual harassment in California. Depending on your company’s policy, you may need to first report the incident to management, your employer, or a human resources department. If no actions are taken, an employer could be liable for the harassment. The employer may be liable regardless of whether they knew of the conduct or even encouraged it.

Q: What Are the Four Elements a Plaintiff Must Show to Pursue a Sexual Harassment Claim?

A: The four elements that a plaintiff must show to pursue a sexual harassment claim include proof that the employee is in a protected class under the law, the employee was the victim of unwanted verbal or physical conduct, and this harassment was based on their protected class, the harassment either intended to or resulted in an interference with the employee’s work or creating a hostile and offensive workplace, and there is the basis for the employer’s liability.

Santa Clarita Sexual Harassment Lawyer

Sexual harassment should never be tolerated in the workplace. While it can be hard for many individuals to know what to do, the support of an attorney can help significantly. While a claim will not solve any of the harm done by workplace sexual harassment, it can hold your employer responsible for their failure. Hennig Kramer, LLP, wants to help you do this. Contact our firm today.