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.
Los Angeles Sexual Harassment Lawyer
Workplace sexual harassment comes in all forms–and all of it violates California employment law. A coworker makes lewd comments behind your back after a meeting. A manager promises to promote you–but only after you agree to a first date. A sexual harassment attorney can help represent you in a legal process to hold lawbreakers responsible for their actions.
Sexual harassment does not belong in the workplace. Your workplace should be a safe space to grow your career and carve a future for yourself and others. If you have been sexually harassed in Los Angeles and would like to file a sexual harassment claim, contact the Law Offices of Jonathan J. Delshad for a free consultation.
What is Workplace Sexual Harassment?
Sexual harassment can fall under two categories, according to the Equal Employment Opportunity Commission (EEOC) and the California Fair Employment and Housing Act: quid pro quo harassment and a hostile work environment. Both of these types of sexual harassment constitute grounds for legal action.
Quid pro quo harassment: supervisors, managers, owners, and those in higher positions can make unwanted sexual advances with the promise that if the employee agrees, they will benefit in some way. If they disagree, they will suffer wrongful termination, wrongful demotion, or experience an abusive working environment. Someone in a position of power cannot manipulate another person who works under them using sexual advances, whether implied or openly stated.
Hostile work environment: If an individual or group creates an environment that negatively affects an employee’s ability to perform essential functions in their role, this is also considered sexual harassment. Examples of this would be intimidating new employees with lewd comments or unwanted sexual advances, offensive conduct, or unwelcome conduct. This kind of sexual harassment can be harder to prove without the help of a sexual harassment attorney. It also is not limited to supervisors or managers–all types of employees are capable of creating a hostile work environment. Contractors, vendors, and interns can participate in this sexual harassment by displaying offensive images, making lewd comments or jokes, or asking others for sexual favors
Laws That Forbid Employment Sexual Harassment
Good sexual harassment lawyers know that any form of sexual harassment must fall under the following federal and state legislation records to create a successful sexual harassment lawsuit. These laws include:
- The Fair Employment and Housing Act
- Title VII of the Civil Rights Act of 1964.
California employers are automatically liable for sexual harassment in the workplace, mainly if they have not implemented sexual harassment prevention courses through their human resources department or on their own. They are also liable for all damages, mainly if the perpetrator was a manager or supervisor. Regardless of whether the employer took corrective action or even was made aware of the sexual harassment, they are still responsible.
What Can Victims Expect From a Successful Sexual Harassment Lawsuit?
Why would someone report sexual harassment in Los Angeles or California? They may be able to receive damages, be restored to their former position, be rehired by their company, or receive back pay or a promotion. Furthermore, raising awareness about sexual harassment in a specific work environment can help a company re-evaluate its sexual harassment policies and reduce the amount of workplace sexual harassment. Successful sexual harassment cases can result in the court awarding attorney and witness fees.
Employers will have to pay damages based on the harm caused to you. These damages vary in size depending on many factors, including the status of the harasser within the company. Other factors include the level of sexual harassment, the frequency of the sexual harassment, whether there were warnings, the earning potential of the person who was sexually harrassed, the size of the corporation, and lost wages, among other things. An experienced sexual harassment attorney like Jonathan J. Delshad, rated by Super Lawyers as a rising star in Southern California, can help you evaluate your sexual harassment case and ensure you get proper value for the damages caused by the harasser.
How Should You Go About Reporting Sexual Harassment?
You may not know what to do if you’ve experienced sexual harassment. Rather than file a sexual harassment lawsuit immediately, you must first file a complaint with the California Department of Fair Employment and Housing and acquire a right-to-sue letter. The Department of Fair Employment and Housing might begin its civil action against the employer in question, but if not, they will alert you and send over a right-to-sue letter. You must have this letter before you begin to file a lawsuit over sexual harassment.
The Law Offices of Jonathan J. Delshad offer a free consultation for sexual harassment cases. They have been the sexual harassment lawyer for many cases involving sexual favors, unwanted sexual advances, and offensive conduct. Sexual harassment attorneys can help you sort out all the complexities of your specific case. In Los Angeles, it can seem like the end of the world when you experience sexual harassment. Don’t let it go unreported. Fill out the form at the bottom of the page for your free evaluation.
Any report of sexual harassment should be in writing, detailing all of the questionable acts and statements, inappropriate comments, isolated incidents, phone calls, or unwanted verbal advances. In Los Angeles, you should get the advice of a sexual harassment lawyer as early as possible. You can bring a sexual harassment claim against a company while still working for the company, even if you have been promoted, have moved to another department, or if the offending party has left.
An employee should move quickly to find a sexual harassment attorney. They also need to take a few administrative steps to expedite the situation quickly.
Frequently Asked Questions and Answers regarding Sexual Harassment are below:
Does Sexual Harassment in the Workplace Only Apply to Women?
Sexual harassment does not only apply to women. Any gender identity can experience sexual harassment of any kind, regardless of appearance, age, or personality. It does not have to be the opposite gender either. Members of the same sex can sexually harass other members in the workplace.
Who Counts As a Victim of Sexual Harassment?
Sexual harassment doesn’t just harm the person who has been sexually harassed. It also affects customers, fellow employees, nonemployed individuals, interns, and business partners. Anyone offended by a person or a group’s conduct in the workplace can be considered a sexual harassment victim.
Can Sexual Harassment Be Welcome and Still Be Harassment?
Who can Sue for Sexual Harassment?
Any person who works for a company, corporation, or organization that is affected by the unlawful conduct mentioned above can sue for sexual harassment, even if the sexual harassment was not directed at that person. Chances of a successful outcome are increased if the harassment was directed toward the person suing.
How Long Do You Have to File a Sexual Harassment Claim in California?
You have up to three (3) years to file your sexual harassment claim after the last act of sexual harassment and/or retaliation. The date is highly dependent on certain factors that require a lawyer to assist in computing the start of the period in which the claims begin to toll. We recommend filing your lawsuit as early as possible and not waiting until the last possible date. Please contact our offices to see if you still have time to file your sexual harassment lawsuit.
What is the Person Harassing Me Used to Date Me?
Even if the advances were at one point welcome, if you no longer date that person and have repeatedly asked them to stop or have reported them, it can be harassment.
What if I Work in the Film Industry?
Hollywood and movies don’t mean that producers and executives get to do whatever they want. Inappropriate touching, pulling funding because of no sexual favors, or expecting sexual favors can be a part of harassment in the workplace.
Is Bro Culture in the Video Game Industry Harassment?
Major video game producers have a reputation for having a fraternity atmosphere. While these might not lead to sexual harassment per se, they can create a hostile work environment and allow supervisors and managers to discriminate based on gender. These actions can be construed as harassment.
Contact the Law Offices of Jonathan J. Delshad Today for a Free Evaluation
When you experience sexual harassment, safety should be your number one priority. Let an experienced sexual harassment attorney determine how best to move forward so that you can avoid retaliation from your employer and enjoy the full benefit of the law in Los Angeles.
