Harassment is a serious issue in the workplace; it can be uncomfortable, debilitating, and have severe adverse effects on an employee’s well-being and state of mind at work. Far too often, this inappropriate conduct occurs between colleagues or from employer to employee. Victims of workplace harassment deserve to have their voices heard. Tomorrow Law™ will not tolerate the unbalanced and unchecked power dynamic created by these cases.
Our team of expert Los Angeles employment attorneys is proud to represent victims of workplace harassment and diligently works to pursue compensation on their behalf using every available legal avenue. Do not suffer in silence, and do not let abuse be perpetrated in the workplace. An experienced Los Angeles workplace harassment lawyer in your corner will maximize your chances of success in a workplace harassment claim. For expert legal representation and an empathetic approach to justice in Los Angeles County, contact Tomorrow Law™ today.
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Understanding Workplace Harassment in California
Workplace harassment is unwelcome conduct based on race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), disability, or genetic information.
Harassment becomes unlawful when enduring offensive conduct becomes a condition of continued employment, or the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive.
Types of Workplace Harassment
Harassment should never be tolerated, and employees have the right to a safe and respectful workplace. Here are some common types and examples of workplace harassment.
Sexual Harassment
There are two general types of sexual harassment. Quid pro quo occurs when submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment.
An example of quid pro quo harassment occurs when a supervisor demands sexual favors in exchange for a promotion. Other examples include threats of demotion or negative performance reviews when an employee denies sexual advances.
A hostile work environment occurs when unwelcome sexual conduct unreasonably interferes with an employee’s work performance or creates an intimidating, hostile, or offensive work environment.
Examples include persistent unwanted flirting, inappropriate jokes, touching, or the display of sexually explicit images or content.
Racial Harassment
Racial harassment includes offensive comments, jokes, or other conduct based on race or color. Examples include racial slurs, offensive or derogatory remarks about a person’s race or color, or the display of racially offensive symbols.
Additionally, creating an environment where certain racial groups are isolated or excluded from workplace activities or promotions constitutes racial harassment.
Harassment Based on Religion
Offensive remarks about a person’s religious beliefs or practices are considered harassment and have no place in your work environment. Such remarks include making fun of a person’s religious attire, such as hijabs or yarmulkes, or imposing religious practices on employees.
It can also include requiring employees to participate in religious activities against their will or making derogatory comments about their religious practices.
Disability Harassment
This occurs when an employee experiences harassment because of a disability. Examples include making derogatory comments about an individual’s disability, mocking their physical or mental condition, or failing to provide reasonable accommodations for employees with disabilities. It also includes inappropriate questioning about an employee’s condition or spreading rumors about their disability.
Gender Identity and Sexual Orientation Harassment
Negative comments or behaviors directed at individuals based on their gender identity or sexual orientation are harassment. Examples include using incorrect pronouns intentionally, making homophobic or transphobic jokes, or excluding someone from activities because of their sexual orientation or gender identity.
Age-Based Harassment
Age-based harassment includes offensive remarks about a person’s age, particularly when the person is 40 or older. Examples include jokes about employees being too old to perform certain tasks or being passed over for promotions due to age.
Laws Protecting Employees from Harassment
Both state and federal laws protect employees from workplace harassment. Understanding these laws can help victims know their rights and the protections available, but you do not need to become an expert. Your workplace harassment attorney in Los Angeles can help you determine how these laws apply to your unique situation:
Title VII of the Civil Rights Act of 1964
This landmark law prohibits employment discrimination based on race, color, religion, sex, and national origin. It aims to promote equality in the workplace and provide a legal avenue for employees facing discrimination.
Americans with Disabilities Act (ADA)
Enacted in 1990, the ADA prohibits discrimination against individuals with disabilities in all areas of public life, including jobs. It requires employers to provide reasonable accommodations to employees with disabilities.
Age Discrimination in Employment Act (ADEA)
The ADEA protects employees 40 years of age and older from discrimination. It prohibits age-based harassment and ensures older employees are treated fairly in hiring, promotions, and other employment decisions.
California Fair Employment and Housing Act (FEHA)
FEHA provides broad protections against workplace discrimination and harassment. It covers many protected categories, including race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, national origin, ancestry, disability, medical condition, genetic information, marital status, and age. FEHA aims to ensure all employees have equal opportunities and are free from harassment and discrimination.
What to Do If You Believe You Have Experienced Workplace Harassment
Taking proactive steps to protect your rights and build a strong case with the help of your Los Angeles workplace harassment lawyer is essential if you have experienced workplace harassment. Here’s what you should do.
Document the Harassment
The first and most crucial step is to document the harassment. Keep a detailed record of each incident, including dates, times, locations, and the individuals involved.
Note what was said or done, and if there were any witnesses, include their names. Save any physical evidence, such as emails, messages, or written notes corroborating your claims. Detailed documentation can provide critical evidence if you decide to pursue legal action.
Report the Harassment
Once you have documented the harassment, report it to your employer following your company’s established procedures. Reporting typically involves informing your supervisor, human resources department, or another designated officer.
Report the harassment in writing and keep a copy for your records. This step officially puts your employer on notice and obligates them to investigate and address the issue.
File a Complaint
If the harassment continues or your employer fails to address it adequately, you can file a complaint with the California Civil Rights Department (CRD). The CRD is responsible for enforcing California’s civil rights laws, including those related to workplace harassment.
You have one year from the date of the last incident to file a complaint. The CRD will investigate your claim and may take action against the employer. Filing a complaint with the CRD is necessary before you can file a lawsuit in civil court.
Seek Legal Advice
Consulting with a harassment lawyer in Los Angeles is crucial in understanding your legal options and the strength of your case. An experienced attorney can help you navigate the complexities of harassment laws, assist in gathering additional evidence, and provide representation in legal proceedings. They can also advise you on the best course of action, whether negotiating a settlement or pursuing a lawsuit.
Taking Legal Action
After filing a complaint with CRD and receiving a “right-to-sue” notice, you can file a lawsuit in civil court. You have one year from receiving the notice to do so.
It’s crucial to act quickly, with the help of your lawyers for harassment in the workplace to ensure evidence remains intact and witnesses’ recollections remain clear.
Harassment Lawsuits Against Government vs. Private Employers
Harassment lawsuits against government employers differ from those against private employers. Claims against government entities must comply with the California Tort Claims Act, which requires filing a written claim within six months of the incident.
Additionally, federal employees have specific procedures and timelines under Equal Employment Opportunity Commission (EEOC) regulations. These procedures often require initial internal reporting before proceeding to external legal action.
Why Hire a Los Angeles Workplace Harassment Lawyer?
Hiring a workplace harassment lawyer is vital for several reasons:
- Expertise—an experienced lawyer understands the complexities of harassment laws and can navigate the legal system effectively;
- Advocacy—a lawyer will advocate for your rights, ensuring you receive fair treatment and compensation; and
- Support—handling a harassment case can be emotionally draining, and a lawyer provides the necessary support and guidance.
If you are experiencing workplace harassment, contact Tomorrow Law™ to speak with a compassionate and experienced Los Angeles workplace harassment lawyer. Our team will fight for your rights and achieve the justice you deserve. Contact us today at (323) 741-4479 for a confidential consultation.