In the State of California, unlawful sexual harassment in the workplace occurs when an individual directs inappropriate, negative, or unwanted conduct toward an employee based on their gender, sex, sexual orientation, marital status, pregnancy, or other sex-related reasons. Sexual harassment can be exhibited in a number of ways, and it is not always easily identifiable. If you or someone you know has faced sexual harassment in the workplace, a knowledgeable attorney can help. Discuss your case with the proficient attorneys at SANFORD A. KASSEL, A Professional Law Corporation.
California law protects workers from sexual harassment. SANFORD A. KASSEL, A Professional Law Corporation is committed to ensuring affected workers receive the compensation they deserve when subjected to unwarranted harassment and discrimination in the workplace. When facing sexual harassment at work, consider contacting SANFORD A. KASSEL, A Professional Law Corporation for a free, no-obligation consultation. Schedule your appointment by filling out the confidential contact form here.
Behaviors That Can Be Considered Sexual Harassment
As previously mentioned, sexual harassment can take many forms, including through online platforms. With the rise of social media, workers are now more than ever able to communicate with their coworkers outside of work. Unfortunately, the Internet has also led to an increase in sexual harassment in the workplace. Whether the harassment takes place on Twitter, Facebook, e-mail, or text messages, common violations can include:
- Implied or verbal threats of a sexual nature;
- Inappropriate jokes of a sexual nature;
- Innuendos or derogatory comments;
- Visual harassment, such as posters, pictures, gifs, or videos;
- Requests for sexual favors; and/or
- Expressing favoritism based on sex.
It is important to recognize that sexual harassment does not need to be influenced by sexual desire in order for it to be illegal. Sexual harassment can also be influenced by bigotry, meanness, or even personal gratification.
Laws on Sexual Harassment
Like many states, sexual harassment in the workplace is a serious concern in California. According to the Department of Fair Employment & Housing, 2018 Annual Report, there were more than 5,000 right-of sue letters petitioned for based on sexual harassment in 2018 alone. In an attempt to curb this serious epidemic, lawmakers have adopted laws that serve to punish sexual behaviors at work.
Workers in the state are protected from sexual harassment through three sets of laws that prevent sexual harassment in the workplace:
1. The Fair Employment and Housing Act (FEHA)
FEHA is a state law, which governs a variety of harassment and discrimination faced by workers, applicants, interns, and certain independent contractors.
2. The State Constitution
The California Constitution makes discrimination based on race, sex, color, creed, ethnic origin, and nationality unlawful. The state Constitution, however, is not a traditional route to bring a claim based on sexual harassment as most claims are handled under FEHA or the Civil Rights Act.
3. Title VII of the Civil Rights Act of 1964
This is a federal law that makes it unlawful to discriminate against a worker, among many things, sex. While the Civil Rights Act does not outright make harassment illegal, courts will interpret “discrimination based on sex” to include sexual harassment as well.
Schedule Your No-Obligation Consultation With a Compassionate Employment Law Attorney Today
Although not always clear, sexual harassment is a serious matter that should not go unpunished. If you have reason to believe you have been the victim of sexual harassment in the workplace, contact the compassionate and professional support of an experienced attorney.
The attorneys at SANFORD A. KASSEL, A Professional Law Corporation understand that sexual harassment cases are some of the most challenging cases a worker can face. When it comes to sexual harassment, there are many forms of conduct that could be considered improper but are not illegal. To ensure whether you have a case or if you would like professional advice as to how you can protect yourself from future harassment, consider contacting the attorneys at SANFORD A. KASSEL, A Professional Law Corporation. Schedule your free consultation by calling (909) 884-6451 today.
