Facing Harassment at Work? Here’s What You Should Do About It
Across the United States 81% of women and 43% of men have reported sexual harassment in the workplace. According to CALCASA and GEH’s reporting in 2019, verbal harassment, unwelcome touching, and stalking were a few occurrences that have led to lawsuits across California and nationwide.
However, when people think of sexual harassment, few consider it can come from someone of the same sex. It might be an employer, supervisor, or co-worker that led you to feel uncomfortable. Our work harassment attorney at Mann & Elias is here to help; This article further explains how to identify misconduct from someone of the same sex.
Sexual Harassment
The California Department of Fair Employment and Housing defines sexual harassment as “unwanted sexual advances or visual, verbal or physical conduct of a sexual nature.” As listed on the DFEH website, that would include the following:
- Making sexual gestures
- Displaying sexually suggestive or offensive objects and photos
- Physically touching, assaulting, or blocking someone’s movements
- Initiating derogatory comments, slurs and jokes to get someone’s attention
- Using sex or sexual advances as leverage for a raise, bonus, and benefits
- Threatening to retaliate if someone chooses to report the harasser
Sexual harassment does not always have to be sexual in nature. An employer might choose one’s gender as the basis for their harassment in the office. For instance, one might think of a male employer engaging in sexist remarks toward a female colleague.
The Difference with Same-Sex Harassment
There is a slight difference with same-sex harassment. This misconduct is specific to gender identity, defined as one’s internal or individual interpretation of gender. It could be that someone specifies as a woman, man, neither, or both. When an employee of the same sex as their employer feels a sense of discomfort, humiliation, or mistreatment, our labor attorney for employees would tell you to keep a record of each altercation.
With same-sex harassment comes more gender stereotypes stemming from traditional ideas of how a man or woman is expected to act. Under Title VII it is illegal for employers to harass a man, for example, for being too “feminine”; and a woman for being too “masculine.” You don’t have to conform to any ideals or beliefs applicable to your co-workers or employer. Additionally, California bans discrimination of any employee for their sexual orientation and identity or expression.
Filing A Lawsuit for Sexual Harassment
At Mann & Elias, we often hear one of two questions: “Can I sue for sexual harassment if it’s from a same-sex co-worker?” and “Can I sue over same-sex harassment?” Yes – you can absolutely file a lawsuit. Should you ever experience this misconduct, or it leads to violence, report it to HR immediately. If your workplace does not have human resources available, we can help you write up the incident to the Equal Employment Opportunity Commission. This government agency will investigate the allegations and find a way to mediate before we bring a legal suit against the company.
About Mann & Elias
The Law Offices of Mann & Elias is an employment law firm that provides guidance and legal support for individuals facing issues in the workplace. We represent clients at every level of the state and federal court systems in lawsuits regarding discrimination, wrongful termination, unpaid wages, and more. When your case is in our hands, we hope to minimize stress and concerns associated with work.
Workplace disputes and negotiations can be complicated and uncomfortable between an employee and employer. In many cases an employer can retaliate, causing individuals to feel that they are at a great disadvantage in the company. When you retain one of our lawyers, you will be well-protected and advised. While there are thousands of lawyers to choose from, we strongly believe our success is based on:
- 50+ years of trial experience
- Excellent advocacy skills
- Intense preparation and research
- Quality care
Since our partnership began over 20 years ago, we have settled hundreds of claims, completed 100 jury and bench trials, and recovered more than $18 million in settlements. In the end, our goal is to understand what you need and achieve the best outcome for you by focusing on those needs. For dedicated representation with no upfront fees, give us a call at 323-866-9564 or email info@mannelias.com.