Torrance Sexual Harassment Lawyer

Torrance Sexual Harassment Attorney

California and federal law prohibit sexual harassment in the workplace. Unfortunately, it remains an issue for many employees, regardless of gender or employment industry. If you have been a victim of sexual harassment, there are actions you can take, including legal action against your harasser. This conduct is demeaning and often humiliating, and no one should have to face this while trying to do their job. A Torrance sexual harassment lawyer can help you protect your rights.

Dedicated Attorneys for Workplace Sexual Harassment Victims

Sexual harassment in the workplace can be done by an employer, a coworker, a manager, or any other individual you work with. That individual can be held accountable under the law. When an employer is aware of sexual harassment in the workplace and encourages it or fails to prevent it, they can also be held accountable, even if they were not the aggressor themselves. At Hennig Kramer, LLP, we have worked for more than 30 years to support employee rights and secure needed relief.

The attorneys at Hennig Kramer, LLP, have decades of collective experience, and our team is dedicated to holding employers and aggressors accountable for creating unsafe workplaces and violating your rights. We understand how confusing the complaint and claims systems can be and can give you the guidance you need. Our legal support is compassionate and respectful. We are uncompromising in fighting for you and are willing to take the claim to trial if it is the most beneficial option.

The Types of Sexual Harassment

There are two types of sexual harassment in the workplace, according to the California Civil Rights Department (CRD). These two types include quid pro quo and hostile work environment. The circumstances of each can be difficult to navigate.

Quid Pro Quo

Quid pro quo sexual harassment occurs between an employee and someone with authority or power over that employee’s job. This may be a manager, supervisor, business owner, or employer. When this individual with authority offers a positive employment opportunity or threatens a negative employment action on the condition of sexual favors or acceptance of sexual harassment, this is sexual harassment.

Positive employment actions can include a promotion, a job offer, benefits or pay increase, or easier work. Negative employment actions can include demotion or wrongful (illegal) termination. An individual with authority making ultimatums like this is an incredible abuse of their power, and it is what state and federal law exists to prevent.

Hostile Work Environment

A hostile work environment can be created by one or multiple coworkers and does not require them to be in any position of authority. It occurs when there is an intimidating, offensive, or hostile work culture created because of inappropriate actions, behavior, or comments. While teasing and jokes are not always sexual harassment, they can become sexual harassment if the behavior is severe or continuous.

Employers in Torrance, California, can be held accountable for hostile work environments when they fail to prevent the behavior despite knowing about it, or if they encourage the behavior.

Verbal abuse, inappropriate physical contact, or displaying inappropriate materials and items can all contribute to a hostile work environment. Multiple people can become victims of sexual harassment in hostile work environments. Anyone who feels victimized by a work culture like this can have grounds for a complaint and a claim.

What Are the Benefits of Working With an Employment Attorney?

Taking legal action is necessary if you have followed the required reporting steps in your company, and yet the sexual harassment you face has not been addressed. To take legal action, you must first obtain a right-to-sue letter from the CRD or the U.S. Equal Employment Opportunity Commission.

An attorney can help you draft your complaint to the relevant agency and include the necessary evidence. Your employment attorney can help you with the entire process, including the claims process, when you receive the right to sue. It is much less stressful when you have a skilled legal professional on your side.

FAQs

Q: What Should You Do First if You Are a Victim of Sexual Harassment in the Workplace?

A: If you are a victim of sexual harassment in the workplace, you can first review your company’s policies on the matter. This should list what steps you can take, including reporting the instance to management, a human resources department, or your employer. In some cases, you are required to take this step first before taking any further action. If your employer does not take steps to reasonably address the issue, then you can begin looking for an experienced employment attorney.

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

A: The evidence needed to prove a sexual harassment case could include documentation of sexual harassment complaints, coworker eyewitness testimony, corroborating statements from other victims, texts, emails, and other external communication between you and the harasser, internal company communication between your employer and you or you and the harasser, and more. The standard of proof in a sexual harassment claim is a preponderance of evidence, meaning it is more likely than not to have occurred.

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

A: A manager, or any other employee, can be held personally liable for sexual harassment in California if they are the person who engaged in the harassing conduct. It’s important to first act according to company policy, which may include reporting the manager harassing you to an employer or human resources department. Once reported, your employer should take action to prevent further harassment. If insufficient steps are taken, then you could file a complaint to take legal action and hold both your employer and the manager or other employee responsible.

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

A: To file a complaint with the EEOC, there must be proof of four main elements to meet the definition of harassment: you are part of a legally protected class, you were the victim of unwelcome verbal or physical behavior, and this behavior was based around your protected class, the harassment you face either intentionally or as a consequence interfered with your job duties or establishing a hostile or intimidating work environment, and liability can be attributed to the employer.

Torrance Sexual Harassment Lawyer

No matter what the circumstances of the harassment you may have been subjected to, you deserve help. No employee should have to work in an environment in which they feel discriminated against, unsafe, or objectified. When you need a diligent and experienced sexual harassment attorney, Hennig Kramer, LLP can help. Contact us today.