Are You Experiencing Sexual Harassment at Work? You Have Rights and We Can Help
Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on sex, race, color, origin, and religion. Unwelcome sexual advances, requests for sexual favors, verbal conduct, and physical conduct all fall under sexual harassment. All U.S. citizens are entitled under the Civil Rights Act and many other state and local laws to work in an environment free of sexual harassment.
Unfortunately, not all people obey the law. Sexual harassment does happen in the workplace. Those who experience this violation of their rights can find it overwhelming and difficult to deal with. Our employment attorney Los Angeles can assist you in fighting for your rights.
What Are The Different Types Of Sexual Harassment Claims?
A sexual harassment lawyer Los Angeles will reveal that most sexual harassment cases dealing with the workplace fall into two main categories. These include:
- Hostile Work Environment - This claim happens when your workplace environment becomes hostile, offensive, or intimidating. This can be a result of physical or verbal conduct that was sexual in nature. A judge will look at how severe the conduct was before ruling on this type of case.
- Quid Pro Quo - In this type of harassment, you'll experience an employment decision that is 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.
Each sexual harassment claim is going to be different from the next. An experienced Los Angeles work harassment attorney can help you identify whether your claim is of a hostile work environment or quid pro quo. Both of these types of claims fall under the Civil Rights Act of 1964.
What Behavior Is Classified As Sexual Harassment?
The determination of sexual harassment is based on the situation and the people that were involved. A big part of your claim may be the unacceptable behavior of the harasser. Common behaviors that fall into the sexual harassment category include:
- Sexual Innuendos
- Suggestive Jokes
- Requests For Sexual Favors
- Sexual Advances
- Displaying Sexually Illicit Content
- Unwelcome Touching
Does Title VII Include Same-Sex Harassment And Harassement Of Men?
Any sexual assault lawyer in the workplace can tell you that Title VII has come a long way in regards to setting precedents. Traditionally, sexual harassment in the workplace was a problem that many women faced. However, that has changed to include people of all genders and sexual orientations.
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.
Another common misconception about sexual harassment claims is the harasser must be a supervisor of the victim. That's not the case. The harasser can be anyone in the workplace, including a coworker or another employee in a different department. The harasser may even be a person that is not employed by your workplace. They could be a client. In addition, a third-party employee may report the claim because they're indirectly affected by the harmful, offensive conduct.
Do Multiple Instances Have To Occur To File A Sexual Harassment Claim?
Any good Los Angeles workplace 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 or not you'll win a case. For example, an unwelcome physical sexual advance will likely be a stronger case than an offensive joke.
Quid pro quo cases that have single sexual advances that end up in alteration of your employment status are more likely to stand up in court. When it comes to proving a hostile work environment, you're likely going to need more incidents. A sexual harassment lawyer Los Angeles can help you determine the types of incidents that can prove your sexual harassment claim.
Can My Employer Retaliation Against Me For Filing A Claim?
Your Los Angeles work harassment attorney will tell you that retaliation due to filing a sexual harassment case is illegal. Title VII forbids any employer from retaliating against an employee. This law also covers your coworkers who choose to participate in the investigation into your sexual harassment claim. Title VII was enacted to ensure that both victims and those indirectly affected by workplace sexual harassment speak up.
Are There Laws Other Than Title VII For Workplace Sexual Harassment?
Any sexual assault lawyer in the workplace will reveal that the federal law which covers sexual harassment in the workplace is Title VII. Various states have adopted specific laws that protect victims as well. The laws vary per state. Some local governments have also established laws regarding workplace harassment. It's best to check in with your Los Angeles workplace lawyer to discover the laws that are within your local and state boundaries.
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. First, you'll want to keep an active record of discriminatory practices. Be sure to make a note of the time, date, and specific events that unfolded. The more descriptive you are at the time, the more information your lawyer will have when you go to file a claim. You should check your company's employee handbook to see what instructions they have for dealing with sexual harassment in the workplace.