Sexual harassment is a pervasive issue that affects a person’s emotional and mental well-being and career. If you or anyone you know has endured sexual harassment in the office, it’s critical to understand your legal rights and options.
Our Long Beach sexual harassment attorney at JDW Personal Injury can help guide you through filing a claim and seeking justice. Nobody deserves to experience workplace sexual harassment, so rely on our workplace sexual harassment lawyer to take a look at your sexual harassment case and see if you are deserving of compensation.
An experienced attorney can be invaluable in helping victims prove a sexual harassment claim. They can assist with gathering evidence, interviewing witnesses, and navigating the legal process. Some specific ways an attorney can help include:
All sexual harassment claims differ, so you should partner with our team. We will evaluate your case, work with you, and vigorously defend your rights.
Sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964. It involves unwelcomed sexual advances, demands for sexual favors, or other forms of verbal or physical conduct of a sexual nature when:
Sexual harassment can affect anyone, regardless of sex, gender identity, or sexual orientation. Both men and women can be victims of sexual harassment, and the harasser can be of the same sex as the victim.
Sexual harassment can take many forms and is generally classified into three main categories: quid pro quo harassment, hostile work environment harassment, and retaliation for reporting harassment.
Quid pro quo harassment happens when a supervisor, manager, or another person in a position of authority uses their power to demand sexual favors in exchange for job benefits, such as promotions, raises, or continued employment. This type of harassment is illegal regardless of whether the victim submits to the demands.
Hostile work environment harassment arises when unwelcome sexual conduct creates a hostile, intimidating, or offensive work environment that interferes with an individual’s job performance. This form of harassment is committed by anyone in the workplace, including coworkers, supervisors, or even clients or customers.
Retaliation arises when an employer takes adverse action against an employee for reporting sexual harassment, participating in an investigation, or supporting a colleague who has experienced harassment. Retaliation can include actions such as demotion, firing, negative performance evaluations, or other forms of mistreatment.
Victims of sexual harassment are protected under both federal and state laws.
As mentioned above, Title VII of the Civil Rights Act of 1964 is the primary law that prohibits sexual harassment in the workplace. This law applies to employers with 15 or more employees and covers all aspects of employment, including hiring, firing, promotions, and training.
California has laws against sexual harassment under the California Fair Employment and Housing Act (FEHA), offering additional employee protections. FEHA applies to employers with five or more employees and provides broader coverage than Title VII. It also specifically prohibits harassment based on gender identity, gender expression, and sexual orientation.
Employers have a legal responsibility to take reasonable steps to prevent sexual harassment in the workplace. These steps can include:
Sexual harassment can take many forms, and knowing how to recognize it when it occurs is essential. Understanding the various behaviors and actions that may constitute sexual harassment is crucial in promptly identifying and addressing the issue. Knowing the signs and taking appropriate action can help create a more welcoming work environment for yourself and others.
Some common signs of sexual harassment may include the following:
By recognizing these signs of sexual harassment, you can take the necessary steps to address the issue and ensure that you and your coworkers have a safe and respectful work environment. If you believe you are experiencing sexual harassment, it’s crucial to document the incidents, reports the behavior to your employer, and seek legal advice if needed.
It’s important to distinguish between consensual flirting and sexual harassment. Flirting is generally mutual, light-hearted, and respectful, while harassment is unwanted, offensive, and potentially threatening. The key factor in determining whether behavior constitutes harassment is whether it is unwelcome and creates a hostile work environment.
If you believe you are experiencing sexual harassment, it’s crucial to document each incident as soon as possible. This documentation should include the following:
This documentation can support your claim if you decide to pursue legal action.
If you experience sexual harassment, there are several steps you can take to address the circumstances and safeguard your rights.
Report the harassment to your employer as soon as possible, following the procedures outlined in your company’s anti-harassment policy. If your employer doesn’t have a policy, you can report the harassment to your supervisor or human resources department.
If your employer does not adequately address your complaint or you experience retaliation for reporting the harassment, you can file a charge with the EEOC. The EEOC is the federal agency enforcing Title VII and other anti-discrimination laws. You can also file a complaint with California’s California Department of Fair Employment and Housing (DFEH).
An experienced sexual harassment attorney can help you file a claim, gather evidence, and represent your interests in negotiations or court proceedings.
An experienced sexual harassment attorney can help guide you through filing a claim, gathering evidence, and representing your interests in negotiations or court proceedings.
In the end, hiring a sexual harassment attorney will considerably influence the outcome of your case, providing you with the expertise, support, and representation necessary to achieve the best possible result.
If you or someone you know has experienced sexual harassment in the workplace, don’t hesitate to seek legal assistance. The experienced Long Beach sexual harassment attorneys at JDW Personal Injury are dedicated to fighting for victims’ rights and holding harassers and employers accountable for their actions. Contact us today for a free, confidential consultation to discuss your case and learn more about your legal options.
Remember, you have the right to a workplace free from sexual harassment, and taking action can help ensure that you and others are protected in the future. Don’t let sexual harassment go unaddressed – let our skilled legal team help you seek the justice you deserve.
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