Los Angeles Sexual Harassment Lawyer

Sexual harassment under California and Federal law is generally defined as unwanted sexual contact and falls under two main categories: (1) “quid pro quo harassment” which occurs when employment is conditioned on the submission to unwelcome sexual advances, and (2) unwelcomed sexual conduct that was severe or pervasive enough to create an abusive environment for the employee, the “hostile workplace” argument.

If you live in the Los Angeles area, and believe you have been sexually harassed, you should fill our our case evaluation form to the right to speak to a Los Angeles sexual harassment lawyer.

Frequently Asked Questions and Answers regarding Sexual Harassment are below:

Who can sue for sexual harassment?

Any person who works for a company, corporation, organization or otherwise, that is engaged in the unlawful conduct mentioned above can sue for sexual harassment, even if the harassment was not directed at that person.  Chances of a successful outcome are increased if the harassment was directed toward the person suing.

What evidence do I need to have of sexual harassment?

Often times the harassment takes place in close proximity and not on paper.  Therefore there are very limited paper trails.  However,  victims of sexual harassment frequently prevail in their cases if the plaintiff is a credible person.  It will also help if there are witnesses to the sexual harassment or evidence that the perpetrator harassed other employees, as these are all pieces of evidence that would tend to improve your claim.

Can there be same sex sexual harassment?

Yes. Both male and female employees are protected by California sexual harassment laws and are protected from sexual harassment by a member of the same sex even if the perpetrator and/or the victim are not homosexuals.  Certain cases have been successfully brought and won based on same sex sexual harassment.

Are sexual harassment cases limited to the offensive touchings in the work place?

No. The most frequent type of sexual harassment case arise out of an employment relationship.   California does have a special law which prohibits sexual harassment in a very wide range of business, service or professional relationships, but the standard of proof in those cases is higher than the typical workplace claim. California Civil Code section 51.9 lays out the relationships covered.  Additionally, off the clock events that are related to the workplace may also be grounds for sexual harassment claims – for example, work trips, company meetings, offsite sales jobs, etc.

Does there need to be physical contact, or touching for sexual harassment?

No. Sexual harassment has been found to include a large range of inappropriate behavior including requests for sexual favors, unwanted sexual advances or propositions, verbal conduct, slurs or derogatory comments and comments about a person’s body, appearance or sexual activity. In fact, visual harassment, including leering looks, offensive gestures have been found sufficient to create a hostile environment. Many times it’s not what was said that was offensive, but how it was said that is offensive.  The law recognizes that innuendos are very common in sexual harassment cases.

Who can I report the sexual harassment to in order that I wont be retaliated against or fired?

California law protections against retaliation for reporting sexual harassment. The laws against retaliation can be even stronger than the laws that prevent the actual harassment from occurring. The law strictly prohibits an employer from retaliating against anyone who has opposed practices of sexual harassment and/or discrimination or has filed a complaint, testified or assisted in any proceeding involving sexual harassment as long as there is a casual connection between the retaliation and the negative action taken. If the employer retaliates, the employee has yet another cause of action to sue the employer.   In certain cases, juries have awarded  employees much larger verdicts for the retaliatory conduct of the employer.

How can I fight back if I have been sexually harassed?

Any report of the sexual harassment to the company should be in writing, detailing all of the questionable acts and statements.  You should get the advice of an attorney as earlier as possible.  You can bring a sexual harassment claim against a company while they are still working for the company. An employee should move quickly to find an attorney once they feel there has been sexual harassment because there are a few administrative steps that need to be taken care of first.

If you live in the Los Angeles area, and believe you have been sexually harassed, you should fill our our case evaluation form to the right to speak to a Los Angeles sexual harassment lawyer.