Trusted Los Angeles Work Harassment Attorney
The sexual harassment laws protect employees and applicants from unlawful sexual harassment based on their gender or gender identity by employers, co-workers, customers or vendors of the employee. Sexual harassment could involve a multitude of unlawful acts that are considered to be unwanted sexual advances, visual, verbal or physical conduct of a sexual nature. They can include requests for sexual favors, unwelcome sexual advances, or other types of visual, verbal, or physical harassment of a sexual nature. Individuals responsible for harassing can be a woman or a man. It is also possible for the harasser and the victim to be of the same gender. Sexual harassment laws are designed to protect applicants and employees from experiencing unlawful sexual harassment.
Do you believe you have been unfairly treated or harassed in the workplace as a result of your gender or sexual orientation? If so, you may have legal grounds for a sexual harassment lawsuit against your employer.
Impact On Victims
When a person's rights are violated, and they become the focus of sexual harassment, the effect on their life can be devastating. It can create a work environment that is intolerable as well as abusive. The only option to change this situation may be to pursue a case against the perpetrator and employer. This is often an effective way for the victim of sexual harassment to reclaim their life, get justice, and make certain the perpetrator and employer do no do this again in the future.
Common Types of Sexual Harassment
There are some common types of sexual harassment experienced by victims, including:
- Individuals threatening to take revenge on a victim when they get a negative response to a sexual advance
- A victim experiences unwanted sexual invitations as well as advances
- Offering a victim employment benefits for sexual favors (this could involve the perpetrator demanding a victim submit to their sexual requests as a way to continue employment)
- Visual conduct around a victim that may involve inappropriate staring, making a sexual gesture as well as displaying objects and pictures that are sexually provocative
- Physical conduct that may involve unwanted touching of a victim or impeding a victim's ability to move
- Verbal conduct around a victim involving sexual activity, degrading comments about a person's appearance, lewd remarks, comments about a victim's clothing or body, sexually explicit jokes, and more
State and federal law protect people who are the focus of sexual harassment, individuals who may have witnessed sexual harassment, as well as those who help support victims of sexual harassment. It's important to realize sexual harassment does not always involve sexual motivation or desire. This activity can be caused by the desire of a perpetrator to abuse their power, subjugate others, or simply for control. Laws designed to protect people against sexual harassment are gender-neutral. It does not need to involve individuals of the opposite sex.
Sexual Harassment Laws
As an experienced sexual harassment lawyer Los Angeles, we know about the federal law designed to protect victims of sexual harassment. It is Title VII of the Civil Rights Act of 1964. It applies to all employers who have fifteen or more employees. In California, there is the California Fair Employment and Housing Act (FEHA). With this law, there is no requirement for a minimum number of employees for someone to pursue a case of sexual harassment. It also provides victims with broader protections when compared to Title VII.
What Constitutes Sexual Harassment In The Workplace?
Sexual harassment in the workplace can take many different forms. Some are much more subtle than others. As an employee, it is important to know that you are legally protected and it is also important to know what constitutes sexual harassment in the workplace. There are some common experiences of victims who have been sexually harassed in the workplace, including:
- A victim is harassed because of their gender (this could involve pregnancy as well as childbirth)
- A victim is asked or coerced to perform sexual favors as a way of getting benefits related to having the job
- A victim is subjected to unwanted sexual pictures or images of a sexual situation
- A victim is subjected to some form of unwanted physical contact, gestures, leering glares and more
- A victim is subjected to unwanted sexual harassing statements, jokes or other types of offensive remarks
It has been estimated approximately 40% of employees believe they have been the victim of some form of sexual harassment in the workplace. This involves unwanted sexual advances, inappropriate sexual comments by customers, clients, and co-workers at their place of employment. A Los Angeles employment attorney can help people understand how this behavior becomes illegal when it occurs frequently or is so severe it creates an offensive or hostile work environment. This also happens when it causes adverse employment decisions such as a victim being demoted or fired, and more. When this happens, it is time to speak with a lawyer.
Preventing Sexual Harassment in the Workplace
While most employers know that they should treat their employees with respect and dignity, unfortunately, not all abide by the laws that are set in place to reinforce these strictures. Unlawful behaviors in the workplace can involve a wide range of types of discrimination and sexual harassment is one of the common ones. If you have been sexually harassed in your workplace, you do not have to take this sort of treatment. If your employer has failed to act against sexual harassment, then you must act legally against your employer. This is best done with the help of our employment attorney Los Angeles.
It is important to know that preventing sexual harassment in the workplace is not your responsibility. However, it is the responsibility of the leadership and management team to prevent such unlawful acts from occurring.
Damages Recoverable in Sexual Harassment Cases
As experienced lawyers, it is our job to protect victims at all costs. This involves handling their case from start to finish and ensuring that victims receive the justice and compensation that they deserve for the unlawful behavior that they endured. There are many damages that one can recover in a sexual harassment case, including emotional damages and punitive damages. Learn more in-depth information about the damages recoverable in sexual harassment cases.
Statute of Limitations for Sexual Harassment At Work in California
If you have been a victim of sexual harassment in the workplace, it is important to know that you have legal rights to pursue justice and compensation for the wrongful conduct. In addition, it is also important that you know that there is a statute of limitations, which means that there is a certain amount of time that one can file a claim from the time the unlawful act occurred. Our team explains the statute of limitations for sexual harassment at work in California, so you do not miss the opportunity to file a claim.Sexual Harassment at Work FAQs
Our hostile work environment lawyers have compiled a list of frequently asked questions about sexual harassment and assault in the workplace.
How Much Can I Get for My Sexual Harassment Lawsuit?
Sexual harassment suits are civil suits, meaning that they result in compensation paid from the defendent to the victim. The settlement resulting from your suit is a sum of all the damages you sue for. These kinds of suits can result in settlements worth millions of dollars, depending on how severe the situation was.
Will a Lawyer Take Your Sexual Harassment Case?
Many victims of sexual assault and harassment are not believed when they confide in others. It’s not unusual for the victims to fear the same treatment from a lawyer. While our attorneys know that the vast majority of working women face harassment on the job, we also have to think about if your claims will result in a settlement. We usually ask the following questions:
- Was the conduct offensive?
- Was the harassment committed by a supervisor
- What do you want out of the case?
Preventing Sexual Harassment in the Workplace
In order to prevent sexual harassment, your coworkers must understand it and why it’s wrong. Sexual harassment is harassment because it is unwanted by the target of another’s sexual advances. By explaining how sexual harassment makes people feel unsafe, employees of your company will understand why there are regulations surrounding it. You must also investigate and punish those who are accused of sexual harassment to set an example of why it’s not to be tolerated.
Statute of Limitations for Sexual Harassment at Work in California
You don’t have forever to file your sexual harassment lawsuit. Since January 1st of 2020, victims of harassment have three years to file a sexual harassment complaint with the state of California after an alleged violation.Damages Recoverable in Sexual Harassment Cases
If your harassment accusations have resulted in the loss of your job, you can be compensated for lost wages and other economic misfortunes you have suffered. You can also receive compensation for any emotional trauma and in rare cases, punitive damages to ensure your abuser changes their behavior.When You Should Talk to a Sexual Harassment Lawyer
You may feel nervous or scared about reporting your harassment to a supervisor or HR representative. When you feel uncomfortable due to someone else’s actions, it’s their fault, not yours. Speaking to an injury attorney like Mann & Elias will make you feel confident in your claims so that you can make your workplace a safe place to be again.Job Consequences of Sexual Harassment
Many men and women do not speak up about sexual harassment and assault in the workplace because they are scared it will affect their job standing. If you are being retaliated against for sexual harassment complaints, you can hire a workers rights lawyer to take legal action against your employer.What Constitutes as Sexual Harassment at Work?
Over 70% of women in the workforce have experienced sexual harassment on the job, and sadly, an EEOC study from 2016 found that 75% of employees who are sexually harassed at the workplace do not file a complaint. Many feel like they are being overly sensitive and do not feel empowered to make a complaint. The following acts are blatant sexual harassment that should be reported:
- Repeated comments or sexual questions that make you feel uncomfortable
- Sexual jokes
- Unwanted gifts
- Unwanted touching such as hugs or massages
How To Report Sexual Harassment
If you feel uncomfortable or unsafe because a coworker or supervisor is harassing you, you should take action. You can start by bringing this issue up to someone in a position of power at your company because they are more likely to make a change. If you do not trust anyone, then you should go to HR because it’s their job to handle issues like this. You will be able to file a complaint anonymously. If you feel your company is so corrupt that your official complaint is not handled, then you can go to outside resources such as human rights organizations and workers rights attorneys like Mann & Elias.