California sexual harassment in the workplace is one of the more complex areas of California employment law. It is also one of the areas of California labor law that receives a lot of news coverage. Workplace sexual harassment destroys lives and businesses and harassment laws in California are very stringent when it comes to enforcement. If an employee feels they have experienced California workplace harassment, it is important they seek legal advice from a qualified sexual harassment lawyer.
Our law firm has prepared some basic information below related to California sexual harassment in the place of employment. It should be noted that it is not uncommon to experience other violations coupled with sexual harassment such as workplace retaliation and other forms of discrimination. In California, sexual harassment violations are sometimes just the “tip of the iceberg” and employees should consider what other labor law violations may be occurring when speaking with a California sexual harassment attorney.
Sexual Harassment Laws: California and Federal
While the principles apply to both, there may be some basic differences that are fact intensive and certain principles may not apply to each individual case of California sexual harassment. Another distinction that must be made is that the damages awarded under state and federal laws may vary dramatically.
Types of Sexual Harassment in the Workplace
It is commonly accepted that there are two different kinds of workplace harassment. They are "quid-pro-quo” and "hostile work environment.” Typically, these violations go hand in hand.
Quid-Pro-Quo Harassment
The Latin term "Quid-pro-quo" means "this for that." In other words, there is a trade involved and when one part of the trade is based on sex, then this is a violation of the law. A common example is when a supervisor or “boss” offers a job, a promotion or a pay increase in exchange for sex. The converse of the above situation is also common in workplace harassment scenarios, such as when a superior threatens to fire or demote unless the employee complies with requests for sex. California sexual harassment lawyers can determine if your employer has violated the law. It is important to talk to a California sexual harassment lawyer at our firm if you feel you have experienced workplace sexual harassment.
Hostile Work Environment
In a hostile work environment in the workplace, the employer, supervisor, or co-employee says or does something to make the victim feel a sense of discomfort because of his or her sex. It is not necessary that a demand for sex be made for there to be a hostile work environment. Simply the creation of an "uncomfortable environment" may rise to the level of a hostile work environment.
Offensive Conduct
In order to qualify as a hostile work environment, the actions must be "offensive." Jokes that offend one party or another may be considered offensive conduct. On the other hand, if two employees date consensually in the workplace, a hostile work environment is not created. However, if one employee wanted to break off the relationship and the other used, for example, his or her supervisor status to further the relationship, then this may be considered sexual harassment. Other examples of violations of the California harassment laws are: sexual oriented jokes, sexual oriented pictures, unwanted touching, leering, and unwanted requests for a date. Under both federal law and California law, sexual harassment may occur between two people of the same sex or when a woman harasses a man.
Why Contact Our California Sexual Harassment Lawyers
If you have been a victim of sexual harassment, it is important to talk to one of our California sexual harassment lawyers to find out what your rights are and what legal course of action may best serve you. Determining whether you should sue, or whether you even have a potential claim that would result in the recovery of damages often requires sound legal advice. Keep in mind that damages awarded may be significant in amount and most California employees are not certain how to pursue a claim for sexual harassment that will ultimately be successful. Our California law firm is positioned to handle not just individual sexual harassment cases, but all employer violations of California labor laws, as well as class action litigation, when deemed necessary.
