Sexual harassment can turn a peaceful working environment into a hostile environment easily. As such, it is an offense that should not be taken lightly. That is because it goes against Title VII of the Civil Rights Act of 1964.
If you are a victim of sexual harassment, you should seek the services of a Los Angeles sexual harassment lawyer. The benefit of hiring a sexual harassment attorney is that they understand sexual harassment can be traumatic and uncomfortable to discuss. You need someone experienced and skilled who can guide you through each legal process, answer any questions you may have, and take a sensitive approach to your case.
At Fraigun Law Group, we will not just fight for you but also help you get the support you need legally. Feel free to book a free consultation with our Los Angeles employment law attorney today by dialing 818-981-1800. We will listen to you, recommend the best legal action to take, and help you through the process.
What Is Sexual Harassment?
Sexual harassment is any form of sexual conduct that is offensive, intimidating, or humiliating to another person. It can be in the form of physical, verbal, or written expression. Everybody can experience sexual harassment, irrespective of gender. Moreover, it can happen anywhere, like at work, school, or in public places like roads, buildings, etc., and can amount to any form of discrimination.
If you are the victim of sexual harassment at work, you have the right to file a legal claim against your employer.
What Is the Difference Between Sexual Harassment and Sexual Assault?
There is a significant difference between sexual harassment and sexual assault.
This is a broader term that encompasses many aspects of inappropriate sexual behavior, distinguishing it from sexual assault. Sexual harassment covers unwanted kissing, hugging, touching, and any other form of contact that is inappropriate.
Remember, sexual harassment does not need to include any form of touching or contact. Things like sexual comments, showing offensive materials, or inappropriate jokes are still sexual harassment.
When a person is forced, tricked, or pressed into engaging in sexual activity. This can be sexual acts like kissing, touching, or engaging in penetrative sex.
NOTE: Some sexual harassment cases can be counted as sexual assault. For example, if your boss forces you to kiss them or touches you inappropriately without consent.
What Is Considered Sexual Harassment in a Los Angeles Workplace?
As mentioned, anyone can be a victim of sexual harassment. Sexual harassment in the workplace occurs if a person is subjected to:
- Requests for unwanted sexual favors
- Unwanted sexual advances
- Undesirable visual and verbal sexual conduct
- Uninvited sexually explicit physical contact
Note: Sexual harassment may also apply to a person who is not directly a victim but a witness of sexual harassment or a victim of a sexually hostile work environment. Such a person can file a sexual harassment claim under federal and state law.
What Are the Types of Sexual Harassment Claims?
According to the EEOC (Equal Employment Opportunity Commission), there are two types of sexual harassment claims. These are:
Quid Pro Quo Harassment
This type of harassment occurs when a person (often a person of higher authority) looks for sexual favors from employees in exchange for giving them some kind of job benefit. This can be a raise, better working hours, promotions, and others.
Hostile Work Environment Harassment
This type of harassment unreasonably interferes with a worker’s ability to perform their task. It creates an offensive environment to work in, which affects their psychological well-being. According to California law, hostile work environment harassment must be objectively and subjectively offensive. It should be so severe that it alters working conditions or creates an abusive work environment.
What If My Employer Retaliates After I File a Sexual Harassment Case?
At Fraigun Law Group, we can assist when your employer retaliates. Retaliation against employees engaging in protected activities like filing a harassment complaint is unlawful. Therefore, if you report sexual harassment and the employer retaliates against you, we will take the case to civil court where the penalties are severe and you will receive compensation.
There are many ways in which an employer can retaliate, including the following:
- Reduction in working hours
- Reducing or discontinuing benefits
- Reassignments to different work locations or shifts
- Being transferred to a different position
- Being assigned new and different duties
- Being asked to take time off without pay
Work retaliation can also take the form of a subtle buildup, with treatment becoming worse every day. A few examples of this include:
- Being ignored by coworkers at work
- Getting a cold shoulder
- Not being invited to occasions or meetings
- Coworkers leaving you off communications you held before the lawsuit
It does not matter the kind of retaliation you are undergoing, under California statutes, you can file a retaliation claim. You have the power to also file for wrongful termination or demotion in violation if need be.
If your supervisor or human resources is not aware of the sexual harassment but becomes aware later, they are required by law to address the issue immediately. They should take action to stop the behavior that is instigating sexual harassment and make sure it does not happen again.
The employer is required to be effective and appropriate in their action. This simply means that the action they take should make the harassment cease without harming you or allowing you to become a target in retaliation.
This is why it is wise for anyone experiencing sexual harassment to document everything (the behavior of the aggressor and collect copies of internal correspondence, statements, and photos). After this, speak to an experienced sexual harassment attorney immediately.
Is There a Time Limit for Filing a Claim for Sexual Harassment?
Under the statute of limitations in California, you have one year to file a charge with the Department of Fair Housing and Employment. It’s important to keep this in mind when filing a lawsuit against the other party.
We will go through these details with you to iron out what your legal options are. It is highly recommended to sit down with our legal team as soon as you get the chance to do so. We are going to work through everything and ensure you have a full picture of your legal strategy.
To find out more about what has to be done, please give us a call at 818-981-1800.
Call a Top Los Angeles Sexual Harassment Lawyer Today!
If you are a victim of sexual harassment, it is important to act fast. This is the wisest move you can ever make, not only because of the statute of limitation but also because it gives us the opportunity to investigate so that we can come up with strong litigation.
Do not forget that we offer non-obligational free consultation services at The Fraigun Law Group. This means that you get an opportunity to get legal counsel, get answers to your questions, and get to know the best action to take – all for free.
The primary reason we offer free consultation services is so that we can help you and people like you get justice. We know that finding the right lawyer in California is challenging. With our free initial case evaluation, you get an opportunity to evaluate our lawyer.
Our Los Angeles sexual harassment lawyer is not only skilled and experienced but also qualified. We are standing by waiting to hear from you. Call us today at 818-981-1800 and speak to a lawyer.