Sexual harassment includes any unwelcome sexual advances or behavior of a sexual nature, such as lewd remarks, derogatory comments, touching, groping, sharing of pornography, or assault. Sexual harassment presents many far-reaching consequences including emotional trauma, lost opportunities, and much more, and it should never be tolerated in the workplace.
Several state and federal laws exist to protect employees from this type of harassment. These laws entitle you to a safe work environment – one that does not come with the fear of facing sexual harassment or assault. Too often though, countless workers still suffer sexual harassment. If you have experienced sexual harassment in your workplace, our attorneys can help.
When in the workplace, employees should expect a certain level of respect from their employers, as well as from coworkers. But, often times sexual harassment is considered commonplace throughout a company or organizations.
Sexual harassment can come in several forms, including verbal, written, nonverbal, physical, or visual. Additionally, indirect but inappropriate conduct at work may be severe enough that it affects a working environment, creating a hostile atmosphere for those involved.
There are a wide variety of inappropriate actions that may constitute workplace sexual harassment. The following are some common types of sexual harassment at work:
If you believe you are the victim of sexual harassment, we encourage you to contact Hekmat Law Group to see how we can help. Every case is different and there may be other immediate steps you should take depending on the particular facts of your situation, but generally it is important to let the harasser know their words/action are unwelcome, inappropriate and/or offensive and to stop immediately. It is also helpful to report the a complaint to a supervisor within the organization and to keep an accurate record of any instances of harassment and every complaint you made.
Hekmat Law Group is dedicated to protecting the rights of individuals in the workplace as experienced and strategic employment attorneys. If you believe that the behavior of a coworker, supervisor, or managers is inappropriate, contact us now.
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Absolutely. Men are often sexually harassed at work. Common behaviors that contribute to a hostile work environment for men include:
Under California law, an employer is obligated to take all steps necessary to prevent harassment. Generally, this involves having a corporate anti-discrimination policy, a harassment policy and supervisor training. If for some reason an employer does not have a policy or program to prevent harassment, it may be held responsible for failing to take steps to prevent harassment.
If an employee who is not a supervisor engages in harassment, the company must have actual knowledge of the harassment before it can be held liable for damages. In these situations, the sexual harassment conduct must be so open and obvious that the company should have known about it. If the employee reported the harassing conduct to any supervisor and then it happens another time or several times, the company can be held liable for damages. The company should have taken prompt and sufficient action to stop further harassment.
According to Title 2 of the California Code of Regulations, harassment includes, but is not limited to, the following:
To file a successful harassment claim, the harassing conduct must be severe and pervasive enough to produce a hostile work environment—an environment that a reasonable employee would objectively perceive as hostile. Harrison v. Forklift Sys., (1993).
Yes. Under the Fair Employment and Housing Act (FEHA), employees are protected against various forms of harassment at work. For example, employees are protected against harassment on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age [if 40 or over], sexual orientation, or military and veteran status.
Harassment is unlawful when an employer “knows or should have known of the [harassing] conduct and fails to take immediate and appropriate corrective action.” Cal Gov Code 12940(j)(1). An employee who has been harassed at work by a co-worker should immediately report the incident to the employer. The law requires employers take “all reasonable steps” to prevent harassment from occurring.
