Have You Been Affected By Sexual Harassment At Work?

Posted by: KHTS FM 98.1 & AM 1220 in Home Town Station July 15, 2019 - 11:35 am 0 148 Views

In many workplaces today, one of the most important topics is sexual harassment. As workers become empowered to speak out against inappropriate behavior directed at them by bosses and co-workers, it has become clear this is an even bigger problem than previously thought. In fact, as recently as 2016, California reported the filing of 554 administrative complaints focused on this type of harassment in the workplace. Because of this, lawmakers in the state have attempted to pass various laws in an effort to protect victims and lessen the chances of harassment occurring. For those who have been affected by this type of harassment, the workplace can suddenly feel unwelcoming and even frightening. Since there are many aspects associated with this complex issue, it is crucial employees know as much as possible in the event they need to seek out the services of an employment attorney.

Examples of Sexual Harassment

While some types of harassment are very blatant, others are very sublime. As a result, victims may be unsure if they are being harassed or if they are simply being oversensitive or reading too much into a situation.

To be clear, harassment of a sexual nature can take many forms, including:

–Inappropriate jokes or comments of a sexual nature
–Unwelcome touching
–Requests for sexual favors
–Threats of dismissal or promises of promotions based on sexual favors
–Visual harassment such as pornography or other sexually explicit pictures

While in some cases sex may be the ultimate goal of the harasser, in many cases this type of harassment is used as a means of control over another person.

Legal Protections

For those who are victims of this type of harassment in California, there are three sets of laws designed to prohibit harassment of this nature against employees and others. These include the California Constitution, the California Fair Employment and Housing Act, and the U.S. Civil Rights Act of 1964. While each of these laws provide their own specific sets of protections, it is the Fair Employment and Housing Act, commonly known as FEHA, that offers the most protection against virtually all types of discrimination and harassment. Perhaps most importantly, it covers not only harassment against employees, but also that directed against unpaid interns, volunteers, independent contractors, and job applicants. In addition, unlike the Civil Rights Act of 1964 that applies only to employers with at least 15 employees, FEHA applies to all private, state, and local employers within California.

Categorization of Sexual Harassment

Since it can sometimes be confusing as to what actions constitute harassment against a person, courts in California and across the nation often use very general terms when describing the concept. To help in clarifying what is considered harassment, most courts put the harassment into one of two categories. The first is Quid Pro Quo, which is Latin for “this for that.” Simply put, this occurs when one person requests sexual favors in exchange for certain benefits, such as being given a raise or promotion. Since this is considered a very serious form of harassment, victims should always consult a sexual harassment lawyer from West Coast Employment Lawyers to discuss their case and determine the best course of action regarding a lawsuit.

Hostile Work Environment

Along with Quid Pro Quo, the second category courts use for harassment involves the creation of a hostile work environment. This type of harassment must be not only hostile and abusive, but also occur on a frequent basis, such as daily. To determine if a hostile work environment exists, courts will usually look at the situation and try to determine how a reasonable person would consider the situation.

To prove this situation exists, victims need to show the court such things as:

–Physical, emotional, and psychological disturbances due to the harassment
–Inability to perform their job according to usual standards
–Interference with the victim’s well-being and personal sense of value

To ensure the best chance of winning a harassment case that claims a hostile work environment, victims must be able to show a clear pattern of harassment and repeated examples of unlawful conduct.

Documenting Harassment

Unfortunately, with many harassment cases of a sexual nature, it is often the victim’s word versus that of the employer or others conducting the harassment. When this happens, it is extremely difficult to win a lawsuit. To make sure those responsible for harassment are held accountable for their actions, victims should always document harassment whenever it occurs. For example, if emails or text messages are used for harassment, always save them. Along with this, smartphones should be used to take photos or videos of inappropriate behavior or language, in addition to any pictures, posters, or other images that are used for intimidation or embarrassment. Also, if anyone witnessed the harassment, their willingness to testify on the victim’s behalf can be critical to winning a lawsuit.

Men and Women are Protected

While most of this type of harassment is directed at women by men, there are also many instances where men are harassed by women. In addition, same-sex harassment can also occur, though these cases are few and far between. However, no matter who is being harassed, gender is irrelevant in these cases. No matter what, if inappropriate behavior based on sex is occurring in the workplace, the only question that matters to a court of law is whether the behavior violated the law. Unfortunately, many victims, especially men, are hesitant to make it known to others they are being harassed. Rather than let an employer, coworker, or other individual get away with illegal behavior, always be willing to contact an employment attorney for guidance in these situations.

Harassment-Free Workplace

According to California law, employers have a legal duty to create a harassment-free workplace. This involves a variety of factors, including preventing any foreseeable harassment from occurring, correctly any verified harassment as quickly as possible, and training employees as to how not to harass others. In many lawsuits alleging harassment of a sexual nature, victims have been able to show that not only did their employer know of the harassment, but also failed to take any action to make it stop. When this happens, it is a clear violation of state and federal law, and thus should be discussed with a sexual harassment lawyer from West Coast Employment Lawyers.

Training Programs

Under California law, employers with at least 50 employees must provide harassment training to all supervisory personnel and must also be repeated every two years. If this is not done, it does not necessarily mean the employer is automatically liable for harassment. However, if a lawsuit is brought against them and their inaction is revealed in court, it will make it much more difficult for them to establish a reasonable defense against the lawsuit.

Take the First Step

While these situations can be very embarrassing for victims, doing nothing simply allows the illegal behavior to continue and affect the lives of others as well. Therefore, victims of harassment should not be afraid to take the first step toward holding harassers accountable for their actions. By working with a sexual harassment lawyer from West Coast Employment Lawyers, it will be possible for victims to get the justice they deserve.