Sexual Harassment In The Workplace And How A Team Of Employment Lawyers Can Help
Sexual harassment in the workplace can often start off as a bit of playful banter but can easily escalate to a situation which leaves the victim feeling isolated, angry, and in many cases unsure of who and where to turn to. If you feel that you have been the victim of sexual harassment in the workplace then an employment lawyer can help.
Unfortunately sexual harassment is still a serious problem that affects many workplaces in California. A recent survey revealed that one in four women out of those questioned, claimed to have been sexually harassed at least once while at work. Fortunately in California there are laws that aim to offer protection. In essence there are two types of ways in which sexual harassment can take place and these are 'quid pro quo' or a point of 'hostile environment ' although it is often the case that where there is one, there is also the other.
However, there is a new type of harassment that is becoming just as much a problem and this is harassment by technology, which is mainly in the form of emails containing unwanted pictures. Some workers have also filed same sex harassment charges whether it is a woman flirting with another woman or a guy being challenged as to his sexuality. If you have fallen victim to this type of harassment, and haven't known where to turn, then it is worth knowing than an employment attorney who specializes in this field would normally offer a free consultation whereby you could explain what has been happening and ascertain as to whether you have a case to answer.
Quid pro quo sexual harassment
This is probably the most well known type of harassment and literally translated means “this for that” and is in effect a trade. When this exchange involves sex then it is illegal. An example of what is meant is when an employer promises a promotion or a pay rise to an employee in return for them sleeping with the employer. However it also occurs in a non-favourable way as in the example that an employer may well tell an employee that they are fired if they refuse to sleep with them. This practice is also illegal.
California Labor Law
Under this law the employer is liable for any such harassment and has no legal defenses available to it. A successful plaintiff may claim for such things as
- loss of wages
- emotional distress
- court cases and attorney's fees
If it can be proved that the employer's managers or directors knew about the harassment, then it is highly likely that punitive damages can also be filed against the employer, to serve as a form of punishment.
In cases like this is it always best to involve a team of employment attorneys who have experience in this field. They will have the expertise and the financial backing to take your case all the way and will fight your corner with dogged determination.
Hostile Work Environment
When you work in an office environment it is all too easy to become the victim of harassment from a number of different people, including work colleagues, supervisors, and even managers. For whatever reason, they decide to pick on you and make your life a living hell by making slurs against your character, taunting, intimidating, ridiculing, groping and grabbing at every available occasion. A hostile work environment can be created by one single severe act of sexual harassment as well as numerous more subtle acts from several people. In addition it doesn't have to be the person that is being harassed who files a claim. Another person, who has witnessed and had to watch the harassment taking place, is also a victim of a hostile work environment. It was also recently ruled by the California Supreme Court that employer actions such as demotion or termination, could also contribute to hostile work environment harassment conduct.
Understandably in cases such as these you may be scared to file a claim because you fear for the loss of your job or you are worried that you won't be believed. However, rest assured that an employment lawyer who is well versed in this field will be sympathetic and compassionate and will explain your rights and answer any fears or concerns you may have with resounding clarity. He won't press you to go ahead with a claim unless you want to. You shouldn't have to suffer in silence, so pick up the phone today.