Los Angeles Sexual Harassment Attorney

Common Types of Sexual Harassment in California

Sexual harassment can take many forms, but it generally involves unwanted or inappropriate behavior of a sexual nature. Behaviors can include physical actions, verbal comments, or visual displays that create a hostile work environment.

If you are unsure whether or not your specific experiences constitute sexual harassment, it is essential to consult with an experienced sexual harassment attorney in Los Angeles.

Here are some of the most common types of workplace sexual harassment. 

Quid Pro Quo Harassment

Quid pro quo sexual harassment occurs when employment decisions are based on an employee’s submission to or rejection of unwelcome sexual advances or requests for sexual favors.

In California, this type of harassment can involve situations where a supervisor or someone in a position of authority demands sexual favors in exchange for job benefits like promotions, raises, or continued employment.

For instance, a supervisor might suggest that an employee could receive a favorable performance review if they agree to go on a date. This form of harassment creates a hostile work environment and places undue pressure on the employee to tolerate inappropriate behavior to maintain their job or advance their career.

Hostile Work Environment

A hostile work environment arises when an employee experiences unwelcome conduct based on sex that is severe or pervasive enough to create an intimidating, hostile, or offensive work environment.

This can include a wide range of behaviors, such as unwelcome touching, suggestive comments, displaying pornographic materials, or sending inappropriate emails. In California, the law recognizes that a hostile work environment can be created by supervisors and coworkers or even non-employees, such as clients or customers.

The critical factor is that the behavior must be severe or pervasive enough to interfere with the employee’s work performance or create an abusive working environment.

Verbal Harassment

Verbal harassment involves unwelcome comments, jokes, or remarks of a sexual nature. In California workplaces, this can include making inappropriate comments about an employee’s appearance, telling sexually explicit jokes, or making derogatory remarks about someone’s gender or sexual orientation.

Verbal harassment can be particularly insidious as it may be dismissed as harmless or casual banter, yet it can significantly impact an employee’s comfort and sense of safety at work.

It is important to note that even a single incident, if severe enough, can constitute verbal harassment.

Physical Harassment

Physical harassment encompasses any unwelcome physical contact or assault. Contact can range from touching, hugging, and kissing to more extreme behaviors like groping or sexual assault. In California, physical harassment is taken very seriously due to its direct impact on an employee’s safety and well-being.

An employee experiencing physical harassment may feel threatened and unsafe in their work environment, making it difficult to perform their job duties. Employers must take immediate and appropriate action to address and prevent physical harassment.

Visual Harassment

Visual harassment includes the display or circulation of sexually explicit or suggestive material. This can involve posters, cartoons, emails, or text messages that are sexually explicit or demeaning. In California, visual harassment also extends to gestures or looks that communicate sexual interest or disdain.

This form of harassment can contribute to a hostile work environment by constantly reminding the victim of their harasser’s inappropriate conduct and making them feel uncomfortable and objectified.

California Laws on Sexual Harassment

California has some of the strongest laws in the nation protecting employees from sexual harassment. Several key laws and statutes that provide these protections include:

• Fair Employment and Housing Act (FEHA)—prohibits harassment and discrimination in employment by requiring employers to take all reasonable steps to prevent harassment and provides for remedies, including compensatory and punitive damages;
• California Civil Code Section 51.9—addresses sexual harassment outside of employment, including in professional relationships where there is a business, service, or professional relationship; and
• Title VII of the Civil Rights Act of 1964—while this is a federal law, it also applies in California and prohibits employment discrimination based on sex, which includes sexual harassment.

It is not always easy to understand how these laws apply to your specific case, which is one of the reasons an experienced sexual harassment attorney in Los Angeles can be so valuable. 

What to Do If You Experience Sexual Harassment at Work

If you experience sexual harassment at work, it’s crucial to take the following steps to ensure that you and your Los Angeles sexual harassment lawyer can build the best possible case.

Document Everything

Keeping detailed records of the harassment, including dates, times, locations, descriptions of the incidents, and any witnesses, is essential. This documentation provides a clear timeline and evidence, which is crucial for any legal action you might take.

Report the Harassment

Notify your supervisor or human resources department. If your company has a formal complaint process, follow it. Keep copies of all correspondence and any responses. Reporting the harassment not only seeks to stop the behavior but also creates an official record of your complaint.

Seek Support

Talk to trusted colleagues, friends, or family members about what you are experiencing. They can provide emotional support and may also serve as witnesses. A support network can help you cope with the stress and validate your experiences.

Consult an Attorney

Contact a sexual harassment attorney in Los Angeles to discuss your case and legal options. An experienced attorney can help you understand your rights and the best course of action. Early legal consultation can strengthen your case by ensuring you take the right steps from the beginning.

Who May Be Liable for Sexual Harassment at Work?

Determining liability in a sexual harassment case is crucial for several reasons. It ensures that the responsible parties are held accountable and that you receive the appropriate compensation and justice.

Liability for sexual harassment can extend to various parties within the workplace, and your sexual harassment attorney in Los Angeles can help you evaluate the facts of your case to determine liability:

The Harasser

The individual perpetrating the harassment is directly liable for their actions. Holding the harasser accountable is fundamental to addressing the behavior and preventing future incidents.

Employers

Employers can be liable if they knew or should have known about the harassment and failed to take appropriate action. Under FEHA, employers must take all reasonable steps to prevent harassment.

Employer liability is critical because it can lead to broader organizational changes and stronger policies to protect employees.

Supervisors and Managers

Those in positions of authority can also be held personally liable if they participate in or condone the harassment. Their involvement often adds a layer of power imbalance, making the harassment more severe and challenging to address without legal intervention.

The Process for Legal Recovery

The process for pursuing a legal claim for sexual harassment involves several steps.

Filing a Complaint

You must first file a complaint with the California Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC). These agencies will investigate your claim and may issue a right-to-sue notice. Filing a complaint is the first step that triggers the investigation and potential legal proceedings.

Investigation

The CRD and EEOC will conduct investigations to determine if sufficient evidence supports your claim. An investigation may involve interviews with you, the harasser, and witnesses. A thorough investigation helps establish the facts of the case and gather crucial evidence.

Mediation or Settlement

Before proceeding to court, there may be an opportunity to resolve the issue through mediation or a settlement agreement. Mediation allows both parties to discuss the issue in a controlled environment and reach a mutually acceptable resolution. Settlements can provide a quicker, less adversarial resolution to your claim.

Litigation

If mediation or settlement fails, your attorney can file a lawsuit. This involves presenting your case in court, where a judge or jury will determine the outcome.

Litigation is often necessary when the parties cannot reach an agreement and ensures the pursuit of justice through formal legal channels.

Potential Recoveries for Sexual Harassment Cases

Victims of sexual harassment may be entitled to various forms of compensation and recovery, including:

• Compensatory damages—these cover the actual losses incurred, such as lost wages, medical expenses, and therapy costs;
• Punitive damages—awarded to punish the harasser and deter future misconduct;
• Emotional distress damages—compensation for the psychological impact of the harassment, including stress, anxiety, and depression; and
• Injunctive relief—court orders that require the employer to take specific actions, such as implementing better harassment prevention policies or providing training.

Every sexual harassment case is different, and your compensation depends on the unique circumstances of your situation. An experienced sexual harassment attorney in Los Angeles will be able to help you understand the value of your claim and the best way to pursue maximum recovery. 

Reach out to Tomorrow Law™

If you are experiencing sexual harassment at work, you don’t have to face it alone. The compassionate and experienced attorneys at Tomorrow Law™ are here to help you fight for your rights and seek justice.

Contact us today for a confidential consultation and take the first step towards a safer and more respectful workplace. Your rights matter, and we are here to protect them.