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Although federal and state laws prohibit workplace sexual harassment, sexual misconduct occurs with alarming frequency across the U.S. If you believe that you are experiencing workplace sexual harassment, you may be entitled to pursue a sexual harassment claim against the offending party and/or your employer. Review the information below to learn more about the behaviors that are considered sexual harassment and the steps you can take to stop the abuse, then contact the Anaheim sexual harassment lawyers at the Law Offices of Corbett Williams to discuss your case.
For help with other job-related legal issues, consider speaking with an experienced Anaheim employment lawyer.
Sexual harassment in the workplace refers to any unwelcome conduct of a sexual nature that occurs at work. Sexual harassment is a form of discrimination based on sex/gender (including pregnancy, childbirth, or related medical conditions), gender identity, gender expression, or sexual orientation. The law recognizes two main categories of sexual harassment – quid pro quo and a hostile work environment. Employers engage in quid pro quo harassment when they make sexual activity a condition of employment, offer benefits for submitting to harassing conduct, or threaten a worker’s job if they refuse to cooperate. A hostile work environment is more difficult to define, but it generally refers to an environment that makes a victim uncomfortable and interferes with their ability to concentrate on their duties.
If you are being harassed, follow these steps:
A: Workplace sexual harassment is a form of employment discrimination and is illegal under federal and state law. Title VII of the Civil Rights Act of 1964 prevents employers from allowing sexual harassment to occur at work and from failing to stop such behaviors after they become aware of them. California’s Fair Employment and Housing Act (FEHA) states that all employers (private, state, and local) have the responsibility to prevent and promptly correct discriminatory conduct and harassment in the workplace.
A: Winning a sexual harassment case in Anaheim,CA requires proving the following elements of the harassment — the conduct is unwanted, it’s pervasive and/or severe, and it’s based on a protected characteristic. You can prove the conduct was unwanted by showing that you asked the harasser to stop or approached a supervisor for help. Pervasive or severe means the conduct creates a hostile, intimidating, oppressive, offensive, or abusive work environment. Even a single incident can be pervasive or severe enough to constitute harassment. Finally, you must show that the harassment was sexual or due to your gender, sexuality, or sexual identity.
A: If your direct supervisor engages in sexual harassment, your employer is strictly liable for the misconduct and is responsible for covering the damages you suffered as a result. If your harasser is a coworker or anyone you can come into regular contact with as part of your job duties (i.e., customers, vendors, suppliers, or company owners), holding your employer liable requires proving that they knew about the harassment or should have reasonably known it was occurring. Then, you need to prove that they failed to take immediate, corrective action to stop the harassment.
A: If you are fired after reporting sexual harassment internally, filing an official complaint with the DEHA or EEOC, or participating in a sexual harassment investigation, this is considered prohibited retaliation and is illegal. Other forms of adverse employment actions also fall under the definition of prohibited retaliation, such as demotion, failure to receive an earned promotion, reduction in hours or salary, poor performance reviews, or creating a work environment so hostile that you feel forced to resign. The DEHA and EEOC both accept retaliation claims.
Coming forward to report sexual harassment is never easy, but this is the only way to stop the harassment and prevent it from escalating. At the Law Offices of Corbett H. Williams, our Anaheim sexual harassment lawyers can protect your rights, gather evidence that supports your harassment claim, and advocate on your behalf every step of the way. Contact us today to put an end to this illegal behavior and obtain the justice and compensation you deserve.
The law offices of Corbett H. Williams takes most employee cases on a contingency fee basis
meaning that if we take your case, you pay nothing unless we recover for you.
If you are the victim of unlawful employment practices, including wrongful termination, sexual harassment, discrimination, or have not been paid all wages and benefits you are entitled to, the Law Offices of Corbett H. Williams can help. Call us today at 949-528-4220, or take a moment to fill out an online contact form for a prompt response. Delay could result in the loss of your claim, so don’t wait.
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The Law Offices of Corbett H. Williams is always prepared to get clients started down the road to a more secure future. Take the first step and contact the firm today. The attorney will take care to answer questions and help decide what the most effective next step can be.