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Experiencing sexual harassment at work can be an extremely upsetting form of discrimination as it can make the victim feel helpless and violated. Sexual harassment is considered a form of sex discrimination and is prohibited by both the federal Title VII of the Civil Rights Act of 1964 and California’s Fair Employment and Housing Act (FEHA). In California, victims of sexual harassment are provided with more extensive protections than those under Title VII. For example, the FEHA applies to any employer with five or more employees, and there are no limits on the amount of compensation that a victim can receive for pain and suffering and punitive damages.
Sexual harassment refers to unwelcome sexual behavior or advances directed towards an employee or a job applicant. The behaviors that fall under sexual harassment can be diverse, including but not limited to:
- Remarks regarding the individual’s body or sexual behavior
- Telling sexual jokes
- Soliciting sexual favors
- Coercing the person to go on dates
- Staring or ogling at the person
- Making suggestive or sexual gestures
- Displaying posters or materials in the workplace that belittle women
- Touching or grabbing the person without consent
- Engaging in sexual assault
- Committing rape
Sexual harassment can be committed by a supervisor, co-worker, or non-employee and can be directed towards a person of the same gender. The Fair Employment and Housing Act (FEHA) in California identifies two types of sexual harassment:
Quid Pro Quo
This type of harassment occurs when an employee is forced to comply with unwanted sexual advances in exchange for employment benefits like a promotion, job security, or a raise or to avoid negative consequences like termination.
Hostile Work Environment
This form of harassment happens when an individual’s unwelcome sexual conduct creates an intimidating, hostile, or offensive work environment, making it challenging for the victim to perform their job duties.
Standing Up Against Sexual Harassment
Experiencing sexual harassment in the workplace can leave you feeling violated, isolated, and depressed, and the fear of retaliation may prevent you from reporting it. However, all employees have the right to work in a safe environment free from harassment. If you have experienced sexual harassment, you don’t have to handle it alone. Our employment lawyers are knowledgeable about state and federal laws protecting employees from sexual harassment and are dedicated to fighting for your rights.
During a free, confidential consultation, our attorneys will listen to your story and help determine if you have grounds for legal action. Sexual harassment is unfortunately common, but each situation is unique, and our team will provide expert and personalized guidance. We are committed to holding employers accountable and helping you obtain the justice and compensation you deserve.
California state and federal laws protect employees against sexual harassment, wrongful termination, and retaliation. It’s important to understand the definition of sexual harassment, your rights, and when to contact a sexual harassment lawyer.
Take These Steps If You Believe You Are The Victim Of Sexual Harassment
If you believe that you are being sexually harassed, it is important to take action to address the issue and safeguard your right to receive compensation under Title VII and the FEHA. The steps you should take include:
Talk to the harasser: If you feel comfortable doing so, speak with the person who is harassing you. Some people may not realize that their behavior is inappropriate, so addressing the issue may help resolve it. Be specific about the offensive behavior and ask them to stop. If necessary, follow up with a written memo and keep a copy for your records.
Complain to your supervisor: If you don’t feel comfortable speaking with the harasser directly, or if the behavior continues despite your conversation, inform your supervisor or the human resources department. Put your complaint in writing and keep a copy for your records.
Follow your company’s internal complaint process: Many companies have a specific process for handling sexual harassment complaints. Follow these procedures and keep a record of everything you do.
Keep a journal: Document all incidents of suspected sexual harassment, including the date, time, and any witnesses. Keep this journal at home.
Keep copies of anything offensive: Save copies or pictures of any offensive posters, notes, or pictures that relate to your claim of illegal harassment.
Keep copies of your work records: Save copies of all work-related documents, including your job evaluations and other memos or letters regarding the quality of your work.
Network with co-workers: If possible, discuss your situation with other co-workers. You may discover witnesses, supporters who can later help you, or others who are the victim of discrimination.
File an administrative complaint: File a complaint with the Equal Employment Opportunity Commission (EEOC) and the FEHA. These complaints are required before you can file a lawsuit, so it’s important to file them in a timely manner. You should file your complaint with the EEOC within 300 days of the last act of discrimination and within one year of the last act of discrimination with the FEHA.
Contact an attorney: If the initial steps don’t resolve the problem, contact an experienced employment discrimination attorney who can advise you on the best steps to take and can help you file your administrative complaints.
What Should I Do if A Visitor In The Workplace Harasses Me?
Experiencing harassment at work can be particularly distressing and traumatic for anyone. In such a situation, there are several things you can do, including confronting the harasser if you feel comfortable and safe doing so in a public area. If the harasser does not stop, you should inform them that you plan to report the incident according to your company’s anti-harassment policy, and if there is no such policy in place, you should report it to your supervisor or HR department right away. If your employer fails to take prompt action to address the harassment, it may be necessary to consult with a qualified employment or sexual harrassment lawyer to discuss your legal options.
What To Do If Your Employer Retaliates Against You
Here are some ways to handle being terminated in retaliation for reporting sexual harassment:
Discuss the reasons for your termination with your supervisor or HR representative: It is crucial to communicate with your supervisor or HR representative about why you think you were fired.
File a retaliation claim with the EEOC: If your employer does not acknowledge any wrongdoing, your next course of action should be to file a claim with the Equal Employment Opportunity Commission.
Gather evidence: To establish a connection between your termination and your sexual harassment claim, you must gather proof of retaliation. This can include emails, documents, or any other relevant evidence. Keep a record of the termination, noting the date, location, and other important information.
Seek legal advice: If you believe that you have been retaliated against, it may be beneficial to consult a lawyer. They can provide guidance on the strength of your case and the compensation you may be entitled to.
How To Prove Retaliation
In order to establish retaliation, the plaintiff needs to show the following elements:
- The employee participated in a protected activity under FEHA.
- The employer took some action against the employee or made a significant change in the terms and conditions of employment.
- The employee’s protected activity was a motivating factor in the employer’s decision to take the action against the employee.
- The employee suffered some harm as a result of the action taken by the employer.
- The employer’s conduct was a substantial factor in causing harm to the employee.
Contact Us
Sexual harassment is a serious problem that can cause significant emotional, psychological, and financial damage to the victim in the workplace. If you or someone you know has experienced sexual harassment in Pasadena, it is crucial to seek the help of Sexual Harassment Lawyers of Pasadena, who are experienced in this area of law.
Our legal team is highly knowledgeable about California’s workplace sexual harassment laws and can provide the necessary legal guidance and representation to help you fight for your rights. We will collaborate with you to gather evidence, develop a strong case, and aggressively pursue the maximum compensation you deserve for the harm you have endured.
We strongly believe that victims of sexual harassment should not remain silent, and we are committed to holding the perpetrators accountable for their actions. With our compassionate and experienced team of legal professionals by your side, you can feel confident in pursuing legal action and taking steps toward recovery.
To learn how Sexual Harassment Lawyers of Pasadena can assist you in fighting against workplace sexual harassment, contact us today to schedule a free consultation.
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