Sexual harassment is illegal in the state of California. In 2017, dozens of victims came forward with claims of sexual harassment against many wealthy celebrities of the past and present. Many forms of the sexual harassment were said to have occurred while on-the-job. With more and more reports of sexual harassment claims being lodged against individuals, it is important to take this type of harassment seriously. However, many individuals still do not understand that even what they consider to be jokes in the workplace can give rise to sexual discrimination claims. If you or someone you know has been sexually harassed in a California workplace, contact the attorneys at SANFORD A. KASSEL, A Professional Law Corporation to help determine your rights to relief.
Workplace Protection Against Sexual Harassment
In California, the Fair Employment Housing Act makes it illegal to engage in sexual harassment in the workplace. California employers are subject to the provisions within the Act, which affords protection from a variety of other discriminatory practices such as age, race, religion, and martial status. The Act also allows for the development and enforcement of standards throughout the state, which employers must comply with when it comes to investigating and enforcing California law.
Quid Pro Quo Sexual Harassment
In California, quid pro quo sexual harassment is just one form of prohibited conduct under the Fair Employment Housing Act. This type of harassment occurs when a manager, supervisor, or other individuals with sufficient authority offers employment benefits in exchange for sexual favors. In addition, this type of harassment may occur when the same individuals threaten some type of adverse action for failure to comply with their requests.
Employers are automatically liable for sexual harassment that is engaged in by a supervisor or manager. The key to determining whether quid pro quo harassment has occurred is analyzing the role of the individual who is engaging in the sexual harassment.
Hostile Work Environment
Hostile work environment is the other theory that affords protection to employees who are being sexually harassed on the job. A hostile work environment claim can be lodged against any employee. A sexual harassment claim, based on a hostile work environment, may be valid:
- if the harasser engages in unwelcome conduct that is based on sex; and
- creates a workplace that is intimidating, hostile, or offensive to a reasonable person.
Employers who are aware of conduct based on sex that creates a hostile work environment must act to remedy the situation created by the employee. Failure to do so could result in employer liability for sexual harassment.
Contact SANFORD A. KASSEL, A Professional Law Corporation at 909.884.6451
SANFORD A. KASSEL, A Professional Law Corporation, is a highly-experienced law firm located in San Bernardino, California. Our attorneys practice personal injury, medical malpractice, and employment law. If you or someone you know is in need of an employment discrimination attorney, our firm will be happy to meet with you for a risk-free initial consultation. We assist clients in San Bernardino, Riverside, Inland Empire, and all of Southern California.
