TRUSTED LOS ANGELES WORK HARASSMENT ATTORNEY
Sexual harassment laws protect employees and applicants from unlawful sexual harassment based on their gender or gender identity by employers, coworkers, customers, or vendors of the employee.
Sexual harassment could involve a multitude of unlawful acts 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
- 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.
Do you believe you have been unfairly treated or harassed because of your gender or sexual orientation in the workplace? If so, you may have legal grounds for a sexual harassment lawsuit against your employer.
WHAT CONSTITUTES SEXUAL HARASSMENT IN THE WORKPLACE?
It has been estimated approximately 40% of employees believe they have been the victim of some form of 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 essential to know that you are legally protected, and it is also important to understand what constitutes sexual harassment in the workplace.
Common types of sexual harassment experienced by victims include:
- 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 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 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
A Los Angeles employment attorney can help you understand how this behavior becomes illegal when it occurs frequently or is so severe it creates an offensive or hostile work environment.
IMPACT ON VICTIMS
When a person’s rights get violated and become the focus of sexual harassment, the effect on their lives 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 sure the perpetrator and employer do no do this again in the future.
LEGAL PROTECTION
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. Sexual harassment does not always involve sexual motivation or desire. This activity could occur when the perpetrator intends to abuse their power, subjugate others, or take 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 experienced sexual harassment lawyers in Los Angeles, we know about the federal law designed to protect victims of sexual harassment.
Title VII of the Civil Rights Act of 1964: This law applies to all employers with fifteen or more employees. In California, California Fair Employment and Housing Act (FEHA) is an adaptation of Title VII to further protect workers from harassment and discrimination. With this law, there is no requirement for a minimum number of employees for someone to pursue a case of sexual harassment.
PREVENTING SEXUAL HARASSMENT IN THE WORKPLACE
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.
While most employers know that they should treat their employees with respect and dignity, unfortunately, not all abide by the laws set in place to reinforce these structures. If your employer has failed to act against sexual harassment, you must act legally against your employer. This is best done with the help of our employment attorney Los Angeles.
HIRE THE TRIAL LAWYERS OTHER ATTORNEYS CONSULT
Over 70% of women in the workforce have experienced sexual harassment on the job. Sadly, an EEOC study from 2016 found that 75% of employees sexually harassed at the workplace do not file a complaint. If you feel uncomfortable or unsafe because a coworker or supervisor is harassing you, you should take legal action.
Since 1998, The Law Offices of Mann & Elias have helped individuals just like you receive the benefits they deserve. We represent clients at every state and federal court system level in Los Angeles, Riverside, San Bernardino, Orange, San Diego, and Ventura counties.
We know how to handle these cases best and get you the compensation you deserve. Call 323-866-9564 or email info@mannelias.com to schedule your first consultation.
WHY CHOOSE MANN & ELIAS?
Since Scott Mann and Imad Elias have founded the employment law firm, they have successfully recovered hundreds of claims resulting in over $18 million in settlements and verdicts. While there are thousands of lawyers to choose from, our success is rooted in:
- 50+ years of trial experience
- Excellent advocacy skills
- Intense preparation and research
- Quality care
Contact us today if you intend to file a claim against your employer. We charge no fee for the initial consultation, and all cases get handled on a contingency basis.
RELATED ARTICLES ABOUT SEXUAL HARASSMENT
You have questions – we’ve got answers! Need more legal help? Check out a few of our legal articles below.
Job Consequences of Sexual Harassment
Many men and women do not speak up about sexual harassment and assault because they are scared it will affect their job standing. If you face retaliation for sexual harassment complaints, you can hire a worker’s rights lawyer to take legal action against your employer.
Damages Recoverable in Sexual Harassment Cases
As experienced lawyers, it is our job to protect victims at all costs. That 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. One can recover many damages in a sexual harassment case, including emotional damages and punitive damages. Learn more in-depth information about the damages recoverable in sexual harassment cases.
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?
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, you should go to HR because it’s their job to handle issues like this. You will be able to file a complaint anonymously. This article provides additional insight and tips to report sexual harassment without fear of retaliation.
FAQs ABOUT SEXUAL HARASSMENT AT WORK
What is Quid Pro Quo harassment?
In this type of harassment, you’ll experience an employment decision based on your willingness to submit to a sexual favor. This includes things like hiring, firing, promotions, and taking on assignments. In all these cases, you’re expected by the harasser to submit to their conduct request, or it will alter your employment status.
Does Title VII include same-sex harassment and harassment of men?
Yes! Any female, male, or transgender can be a victim of sexual harassment. The law is not limited in regard to race, industry, career level, or gender. The harasser can be a woman, man, or a transgender person as well. No longer does the harasser need to be of the opposite sex.
What is the statute of limitations?
There is a statute of limitations for sexual harassment claims. That means that there is a certain amount of time to file a claim from the time the unlawful act occurred.
Since January 1st of 2020, aggrieved employees have only three years to file a sexual harassment complaint with the California Department of Fair Employment and Housing (DFEH) after an alleged violation.
Do multiple instances have to occur to file a sexual harassment claim?
Any good Los Angeles workplace environment lawyer will tell you that filing a sexual harassment claim can be done after one violation of your rights. However, the severity of the incident will highly determine whether you’ll win a case.
For example, an unwelcome sexual advance will likely be a stronger case than an offensive joke.
What steps should I take before filing a sexual harassment claim?
If you’re not sure if you want to file a claim or are just not ready to do so yet, there are still some things you can do.
- Keep an active record of discriminatory practices
- Revisit the employee handbook for instructions
- Make a note of the time, date, and specific events that unfolded
- Consult with an attorney if you have any trouble with the first three tips