Sexual harassment is any kind of behavior that is unwelcome and/or inappropriate for the workplace because of its sexual or offensive nature. There's a myth about what constitutes sexual harassment. The offensive behavior does not have to be tangibly detrimental to the job (e.g. wage loss/passed promotion) to be considered harassment. There does not have to be touching; there does not have to be explicit language used.
The law classifies harassment claims into two categories: “quid pro quo” and “hostile work environment.” “Quid pro quo” is Latin for “this for that.” This type of harassment occurs when an employer demands sexual favors in exchange for job benefits, such as promotions, raises or even job retainment. “Hostile work environment” includes abusive or offensive conduct that substantially interferes with an individual's work performance or creates an intimidating, hostile or offensive work environment.
A single incident may be sufficient to establish a "quid pro quo" harassment claim, but typically a pattern of conduct is required to establish a hostile work environment. Conduct which may give rise to a sexual harassment claim includes unwelcome sexual advances, requests for sexual favors, and/or verbal or physical conduct of a sexual nature. Depending upon the circumstances, an employer may be liable for conduct of non-employees over whom it exercises some level of control. An employer has the duty to take appropriate corrective action to end sexually harassing conduct.
Employees are protected under both state and federal law against workplace sexual harassment. Federal law remedies for workplace discrimination and harassment are based upon Title VII of the Civil Rights Act of 1964, which applies to employers with fifteen or more employees. State law remedies are based upon the California Fair Employment and Housing Act ("FEHA").
Victims of sexual harassment in the workplace can recover for their lost wages, future lost wages, emotional distress, punitive damages, and attorneys fees. If you have been a victim of sexual harassment or discrimination in the workplace, you need an experienced attorney to handle your case.
He is a great trial Lawyer, focusing on meeting the needs of his clients. Because your initial consultation is free and because their office handles virtually any kind of legal matter, we urge you to call no matter what kind of legal matter you may have.
You can call David at:
1-877-LA-LAW (1-877-995-2529),
or contact him by email.
