When your rights as a worker have been violated and you have become the victim of sexual harassment in the workplace, the impact can be very profound. In many cases, this is because sexual harassment will usually lead to an intolerable work environment, where earning a living has become a nightmare.
Fortunately, the State of California allows victims the opportunity to file a claim against their employer. This not only allows victims the ability to obtain justice for themselves, but it also prevents the employer or perpetrator from committing the wrongful actions to others.
Understanding What Constitutes Sexual Harassment
Sexual harassment can be categorized in the following:
- As an unwanted sexual advance or invitation
- Through visual conduct, such as the display of provocative images or objects, inappropriate staring, or even sexual gestures
- Through verbal conduct, such as making lewd remarks, making a degrading comment, making sexually explicit jokes, and commenting on a person’s clothing, sexual activity, appearance, body, etc.
- Making reprisals or threats after receiving a negative response to unsolicited sexual advances
- Attempting to offer benefits or pay raise in exchange for a sexual favor
- Threatening to fire if submission to sexual requests is not attained
- Physical conduct, for example impeding the worker’s ability to leave or move, and any unwanted touching
The State of California protects workers from sexual harassment as well as those who witness and report sexual harassment in the workplace.
Laws That Protect Against Sexual Harassment in the Workplace
The federal law that governs sexual harassment in the workplace is Title VII of the Civil Rights Act of 1964. This law applies to businesses that have fifteen or more workers. In the State of California, the Fair Employment and Housing Act does not have a set minimum of workers in order for a worker to pursue a claim. Additionally, the Act also provides a broader range of protections than what is offered under Title VII of the Civil Rights Act.
Many courts generally require a claim to have multiple incidents when harassment does not occur physically. This is because a case can show the perpetrator’s intentions when the incident occurred multiple times, whereas a single event can be mistaken for miscommunication. Additionally, multiple incidents can make up a hostile work environment, which is also unlawful. Conversely, a single serious attack or physical action can be presented on its own.
Following Sexual Harassment in the Workplace, File a Claim
Sexual harassment in the workplace can come in a variety of ways, and some may be much more subtle than others. Fortunately, there are sexual harassment laws that protect workers from sexual harassment. If you or someone you know has been the victim of sexual harassment in the workplace, speak to a qualified attorney who will fight for justice.
The employment law attorneys at SANFORD A. KASSEL, A Professional Law Corporation have helped hundreds of sexual harassment victims fight for their rights. After carefully analyzing the claim, the firm will help clients understand their rights and provide the best course of legal action. Consider contacting the attorneys at SANFORD A. KASSEL, A Professional Law Corporation today for a no-obligation consultation.
