Sexual harassment can happen to any worker, regardless of their gender. Unwanted sexual requests or jokes of a sexual nature can create a hostile work environment. If you are the victim of these types of humiliating and demoralizing acts of misconduct, you can rely on a Stockton sexual harassment lawyer to protect your rights and hold the at-fault party accountable.
Sexual harassment cases are often settled through financial compensation payments made from the at-fault party to the victim.
In order to qualify for an administrative action or civil claim, sexual harassment must be pervasive and severe enough to affect the employee’s ability to complete work. One legal standard often used in these types of cases is known as a “hostile work environment.”
While many people think only targeted victims can sue or file complaints for sexual harassment, anyone who is negatively affected by someone’s sexual misconduct or discrimination, can take legal action against the person who perpetrates the misconduct. This is because repeatedly witnessing inappropriate conduct can cause the workplace to be hostile.
Quid pro quo sexual harassment is any situation where a manager or person in a position of authority promises something of value in return for sexual favors. The harassment could also be punitive, with the person in power threatening to demote a worker if sexual favors are not performed.
Workers who experience sexual harassment should report the behavior. Doing so can demonstrate a pattern of misbehavior and ignored complaints. Even if the employer did not commit the sexual harassment, they could be held liable if they failed to take reports of sexual harassment by employees seriously.
The strongest sexual harassment cases are built upon evidence. An example would be witness testimony that shows a male boss predominantly calling women to have private meetings, even though his workforce consists of half men. Stronger evidence would be records of some type, whether that be emails or audio recordings.
If other employees make similar accusations against the defendant, that could bolster a case significantly. A company may conduct an internal investigation into the allegations, and your own lawyer may conduct their own investigation independent of the company’s.
If a governmental agency like the Equal Employment Opportunity Commission (EEOC) becomes involved, they may send their own investigator to gather facts related to the case.
Being the victim of sexual harassment can be stressful and unsettling. Your work environment should be a safe environment where you feel comfortable with your co-workers. Any act of sexual harassment can make your place of work feel unsafe.
Having an attorney can lend a sense of safety to your time at work. Your employer and other parties will be put on notice that you have legal representation. Any attempt to retaliate against you will be met swiftly and directly with legal action from your sexual harassment lawyer.
As you focus on your job and recovering from your traumatic experiences, your Stockton employment lawyer can represent you in talks with your employer. If your lawyer believes you should file an administrative action with a government agency, they can oversee that process for you. If further legal action is warranted, your lawyer can take the defendant to court.
A: There are multiple state and federal laws that pertain to sexual harassment in California. The state’s Department of Industrial Relations, for example, prohibits an employer from retaliating against an employee who is a victim of sexual harassment or sexual assault. Anyone who experiences retaliation from an employer after they report a sex crime can hire a lawyer, who may help seek financial compensation and other remedies from the at-fault party.
A: You may worry about retaliation if you take legal action related to sexual harassment, but experienced lawyers can protect you. There is no easy way to prevent misconduct on the part of the person who committed sexual harassment, but any attempt to retaliate against you could put the offender in serious legal trouble.
The Department of Industrial Relations enforces laws that protect victims of sexual harassment and sex crimes from retaliation. If you have an attorney in Stockton, California, let them know if you believe you are being retaliated against for reporting sexual harassment.
A: People may be reluctant to report sexual harassment because they fear retaliation. If the person who committed the harassment is a co-worker, that could create tension at work. Some people believe that reporting sexual harassment will not result in the at-fault person being held accountable. Another reason someone may be reluctant to report sexual misconduct is because they may fear that they will be blamed for playing a role in the misconduct.
A: Quid Pro Quo sexual harassment refers to situations where someone offers something in exchange for a sexual favor. In these types of inappropriate offers, declining may result in adverse employment action. These types of proposals are unlawful in California. Anyone who makes such an offer could face serious legal consequences.
A: A strong sexual harassment case is any case that is well-documented. Even the most egregious acts of misconduct may not hold up in court if the plaintiff cannot prove they occurred. Victim statements may not always be enough to make a strong case. Corroboration of witness statements and other forms of evidence, such as recordings and emails, can considerably strengthen a harassment case.
You do not have to tolerate sexual harassment in the workplace. Taking steps to hold the perpetrator accountable can make a workplace safer for everyone. At Asbill Law Group, we understand how difficult it can be to come forward with information about sexual discrimination or misconduct.
Your conversations with our attorneys are strictly confidential, and we will not move forward with any legal action without your express consent. Having a conversation about your legal options is an important first step. To learn what we can do to help, please contact our team today to set up a consultation.