According to a recent study, the rate of sexual harassment in California is above the national average. Unfortunately, the real number of sexual harassment cases in the Golden State is probably much greater, as the majority of both male and female victims keep these incidents to themselves without speaking out. This is understandable, as it takes great courage to stand up, be heard, and hold your abuser accountable.
Fortunately, you are not alone in this battle – and you can team up with a Los Angeles employment lawyer from the Fraigun Law Group today to take immediate, effective legal action. With help from an experienced, qualified Los Angeles sexual harassment lawyer, you can approach this challenging situation with confidence, dignity, and efficiency.
What is Sexual Harassment in Los Angeles?
If you suspect you have been sexually harassed at your workplace, you are probably correct. Contrary to popular opinion, sexual harassment is not simply limited to physical interactions.
Sexual harassment can be physical, emotional, psychological, verbal, or digital in nature. It can occur during work hours or during your free time. You can also be sexually harassed in person, or online.
According to the Office of the Attorney General in California, sexual harassment is defined as:
“Unwelcome sexual advances, or other visual, verbal, or physical conduct of a sexual nature and actions that create an intimidating, hostile, or offensive work environment based on an employee’s sex.”
Types of Sexual Harassment
There are two main types of sexual harassment in California:
- Quid Pro Quo: This type of sexual harassment involves a person abusing their position of power and influence over a subordinate employee. For example, a boss might ask their secretary out for a date and ask them to wear a dress that they purchased for them. Even if the secretary consents, this is still considered sexual harassment. Why? Because the underlying implication is that they could lose their job if they do not comply with the sexual advances.
There also might be an implication that the subordinate employee will be rewarded with promotions, bonuses, or other incentives if they go along with this behavior. “Quid pro quo” is a Latin phrase that translates roughly to “something for something” – or “a favor for a favor.” This type of sexual harassment is always illegal – even if the superior employee never actually mentions any rewards or potential retaliation associated with the sexual advances.
- Hostile Work Environment: This is the type of sexual harassment that most people are familiar with, and it can involve a wide range of misconduct. If harassment interferes with an employee’s ability to do their job, it creates a hostile work environment.
Where Does Sexual Harassment Happen?
Sexual harassment can occur in many situations. Workplace sexual harassment refers specifically to the harassment experienced by workers in California. It can be committed by bosses, managers, co-workers, contractors, or anyone else you come into contact with during your time on the job.
How Do I Know I am a Victim of Sexual Harassment?
Sexual harassment can take many forms. Here are just a few examples:
- Inappropriate texting: If a co-worker or manager starts texting you inappropriately either during or after work, this can be considered sexual harassment. This is especially true if they send you rude or inappropriate material of a sexual nature.
- Displaying offensive pictures: A co-worker or manager may display offensive photos and other material around the workplace. If this is offensive to you, you may be experiencing sexual harassment.
- Unwanted touching: Perhaps the most obvious form of sexual harassment, unwanted touching is unfortunately quite common in California’s workplaces. This may be overt touching, such as groping – or it may be more subtle in nature. For example, a worker might constantly find excuses to touch your shoulder or brush up against you.
- Offering bonuses in exchange for sexual favors: This is a clear-cut example of quid pro quo harassment. If your superior is offering you any kind of reward for acquiescing to their sexual advances, you are experiencing sexual harassment. Even if you consent to this behavior, you can file a sexual harassment lawsuit at a later date. You can also sue if you do not accept the offer.
- Direct comments: Sexual harassment can indeed be verbal in nature. Direct comments about your body, your sexuality, your relationships, or any other subject of that nature are wholly inappropriate. You do not need to accept this behavior, and you can file a sexual harassment lawsuit.
- Spreading rumors: Comments behind your back can also constitute sexual harassment, and this often constitutes some of the worst sexual harassment. For example, a co-worker might brag about having sex with you to your entire organization – causing embarrassment and humiliation. These rumors constitute sexual harassment.
What to Do if You Have Experienced Sexual Harassment in the Workplace
If you are experiencing sexual harassment in the workplace, you do not need to “deal with it.” There is no reason you should continue to accept this type of misconduct, and you should take legal action against your employer and your abusers as soon as possible.
Proving sexual harassment is an important step as you deal with this mistreatment. According to California law, the accuser has the burden of proof.
The first and most obvious move is to speak with people who witnessed your sexual harassment. If you can find unbiased, trustworthy witnesses to testify on your behalf, it will be easier to prove that the sexual harassment occurred.
If there were no witnesses, you may be able to rely on other forms of evidence, such as social media evidence or surveillance footage. Your attorney can help you explore a range of legal strategies as you strive for positive results.
What Laws in California Cover Sexual Harassment?
Sexual harassment laws are laid out by California’s Fair Employment and Housing Act. This is considered a civil offense, which means that you can sue your abuser to receive compensation. It may also lead to criminal charges if you were physically assaulted, threatened, or stalked.
How Do I Legally Protect Myself Against Sexual Harassment?
- Know Your Rights: The first step is to become aware of your rights as an employee in California. Once you know your rights, it’s easier to stand up for yourself and push back against misconduct without fear of losing your job.
- Document Everything: Document everything you experience in your workplace – even small details. When viewed together over an extended period, these small details may constitute sexual harassment.
If you believe that you have experienced workplace sexual harassment, you may be right. No one can tell you that your feelings aren’t legitimate.
Harassment must be subjectively and objectively offensive to be considered legitimate under California law. This means that it must affect both your feelings and your ability to do your job.
Here is a brief checklist to help you determine whether you have experienced sexual harassment:
- Was the conduct unwelcome?
- Did the conduct make you feel intimidated?
- Did the conduct create a hostile work environment?
- Did you feel offended?
If you answered “yes” to any of the above questions, you may have experienced legitimate sexual harassment.
Remember, your abuser can be guilty of sexual harassment even if they aren’t necessarily attracted to you. According to California’s Office of the Attorney General:
“Under California law, the offensive conduct need not be motivated by sexual desire, but may be based upon an employee’s actual or perceived sex or gender-identity, actual or perceived sexual orientation, and/or pregnancy, childbirth, or related medical conditions.”
How Can I Report Sexual Harassment?
The first step is to read your company’s sexual harassment policy carefully and report the incident to your superiors. If possible, file the complaint directly with the HR division. Put everything in writing and keep copies of all documents.
You should also get in touch with a sexual harassment lawyer in Los Angeles at this point.
Online Sexual Harassment in the Workplace
Remember, sexual harassment can occur in a digital environment. This is becoming especially common as more people work from home. All digital communications between employees and managers should be professional, and there is no need to accept inappropriate texts or links to offensive material.
How Much Compensation Will I Receive in a Sexual Harassment Lawsuit?
For the most part, damages in a sexual harassment lawsuit are non-economic in nature. This means that you may receive compensation for the humiliation, trauma, and emotional distress you were forced to endure.
However, you may also receive compensation for missed wages if you were demoted, suspended, or terminated as a retaliatory measure. For example, you might have been fired from a job after reporting sexual harassment, or you may have been demoted after refusing to date your boss. You will be compensated for these losses as part of your lawsuit.
Should I Hire a Los Angeles Lawyer After Being Sexually Assaulted at Work?
Yes. Hiring a lawyer is the best way to take decisive, effective legal action after being sexually harassed at work. Your lawyer can help you gather evidence, negotiate for a settlement, and much more.
What Should I Look for in a Los Angeles Sexual Harassment Attorney?
A sexual harassment attorney in Los Angeles should be experienced with these types of cases. Ideally, they should have helped victims recover settlements in the past. During a consultation, you can get a sense of a lawyer’s personality and determine whether you want to work with them over the long term.
If you are looking for a Los Angeles wrongful termination lawyer, the Fraigun Law Group is a solid choice. Because of our extensive experience with these cases, we can guide you toward the compensation you deserve.
There is no need to accept sexual harassment in your workplace. If you have experienced this type of misconduct, you are fully within your rights to take legal action. Book your consultation with Fraigun Law Group today and get started with an effective action plan.
