What is sexual harassment?
The Equal Employment Opportunity Commission (EEOC) defines sexual harassment as "Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature." When this conduct explicitly or implicitly affects an individual's employment; unreasonably interferes with an individual's work performance; or creates an intimidating, hostile or offensive work environment, it is in violation of Title VII of the Civil Rights Act of 1964.
What are some examples of sexual harassment at work?
Sexual harassment is workplace discrimination based on gender. The aggressor can be any gender or of the same gender as the person being harassed. The harasser can be the victim's supervisor, a vendor, a co-worker, a manager from another part of the company or even someone who is not an employee of the company. No economic injury is required, but the harasser's behavior must be unwelcomed. It may include:
- Uninvited sexual comments or behavior
- Sharing inappropriate images or videos of a sexual nature
- Making inappropriate sexual gestures
- Inappropriate touching
- Sending emails or notes with inappropriate content of a sexual nature
- Telling inappropriate, sexually suggestive or overt jokes
- Making sexual comments about a person's physical appearance
- Other offensive, unwelcomed, unwanted sexual contact
If you are facing sexual harassment that involves violence or assault, you can call law enforcement immediately. The California Department of Fair Employment and Housing (CDEFH) recommends that you read your company's sexual harassment policy and act accordingly. You may wish to submit a written complaint but keep a copy of it and a log of every incident of workplace sexual harassment which includes the date, time and anyone else who was present. You can file a complaint with CDFEH online, by phone or by mail. Visit the California Attorney General's office website for more information and resources on workplace sexual harassment.
What damages are available for victims of sexual harassment in California?
If you have successfully proven your sexual harassment case, you may be able to recover the following damages depending on the facts of your case:
- Emotional distress
- Back pay, front pay, medical expenses
- Attorney fees, court costs and litigation expenses
- Injunctive relief is an order that requires your company to stop certain actions or start doing certain things. It might include reinstating your job if you were fired or other recommended changes to the work environment.
How can a Los Angeles sexual harassment lawyer help your case?
It is vital that you speak to a knowledgeable Los Angeles sexual harassment lawyer immediately if you are being sexually harassed at work. California has strong legal protections for all forms of workplace discrimination. McNicholas & McNicholas, LLP can protect your rights and fight for the fair compensation you deserve if you feel unsafe at work and that your livelihood might be in danger.
There are strict legal deadlines for taking legal action, so contact us to schedule a confidential, no-obligation consultation today to discuss your case and learn about the legal options available to you.
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