Sexual harassment continues to be a plague affecting many workplaces in California. In fact, according to a recent report by UC San Diego Health, incidents of sexual harassment in California are five percent higher for women and 10 percent higher for men than the national average. This means that 86 percent of women and 53 percent of men reported experiencing some form of sexual harassment within the past 12 months.
At the Hardin Law Group, our Los Angeles and Orange County sexual harassment attorney has a long history of standing up for the rights of employees who were subject to demeaning, inappropriate and threatening harassment, helping them pursue justice against their employers. We pride ourselves in helping to create a safer workplace for everyone by holding employers accountable for allowing, encouraging, or engaging in sexual harassment.
In broad terms, sexual harassment refers to unwelcome sexual, physical, or verbal conduct in the workplace. Sexual harassment is a violation of federal law under the Civil Rights Act of 1964, as well as a violation of California law under the Fair Employment and Housing Act (“FEHA”).
There are two categories of sexual harassment:
Quid Pro Quo
This harassment occurs when a worker’s continued employment is conditioned on the submission to unwelcome sexual advances. An employer’s demands can be express or implied; either can qualify as quid pro quo harassment.
Hostile Environment
The more frequent type of sexual harassment, hostile environment harassment, generally occurs when a worker is subject to hostile or abusive words or actions, such as sexual misconduct or discrimination. The U.S. Equal Employment Opportunity Commission (EEOC) defines a hostile work environment as harassment that establishes a work environment a reasonable person would view as intimidating, hostile or offensive.
There are almost infinite examples of what constitutes sexual harassment in the workplace; however, some of the most common examples include the following:
If you successfully bring a sexual harassment claim, you may be entitled to financial compensation. While you should consult with an experienced Los Angeles sexual harassment lawyer to better understand the types of damages that may be available in your case, some of the commonly awarded damages include the following:
Yes, while federal law does not apply to independent contractors, the protections of California’s Fair Employment and Housing Act extend to independent contractors.
No, if you report sexual harassment to your employer, your employer is legally prohibited from using that information to terminate your employment. If your employer fired you after filing a complaint about sexual harassment in the workplace, you may have a retaliation lawsuit against your employer. In fact, you enjoy the same protections for raising concerns about the sexual harassment of another employee.
Yes, while sexual harassment is perhaps the most common type of workplace harassment, California law prohibits other types of harassment as well. For example, it is a violation of the California Labor Code for an employer to allow harassment based on any of the following:
If you have been dealing with sexual harassment in the workplace, it’s important to know that you have the right to put a stop to it. At the Hardin Law Group, our Los Angeles sexual harassment lawyer aggressively represents the interests of employees in all types of employment disputes, including those involving quid pro quo and hostile work environment cases. We offer free consultation to all prospective clients, during which we will answer your questions and provide you with an overview of what we can do to help. To learn more, and to schedule a free consultation today, call our Los Angeles employment lawyer at 310-606-2122. You can also connect with our Orange County employment attorney by calling 949-337-4810. Calling is free, and we will not accept payment for our services unless we can recover compensation on your behalf.