Sexual harassment in the workplace is illegal. If you’ve experienced sexual harassment in the workplace, it’s essential to take action and seek legal support. Sexual harassment is not only morally reprehensible but also illegal under federal and California laws. Finding an experienced sexual harassment attorney in Los Angeles can make all the difference in holding perpetrators accountable and ensuring your rights are protected.
Setyan Law has a team of legal professionals who can answer your questions and guide you through a sexual harassment lawsuit.
What Is Sexual Harassment in the Workplace?
Sexual harassment can be difficult to put your finger on. You might suspect inappropriate treatment, but you might be unsure. Here are some examples of sexual harassment in the workplace:
- Derogatory or inappropriate comments or jokes
- Unwanted touching, such as back rubs or pats on the rear or chest
- Sexual propositions that are unwanted
- Discussion among employees about sexual acts
- Rude gestures or leering
- Display of sexually suggestive pictures or cartoons
- Offering perks for sexual favors (Quid pro quo)
- Retaliation for reporting sexual harassment *
* Your employer or supervisor is not allowed to retaliate against you for reporting sexual harassment. That means they cannot reduce your hours, benefits or rate of pay or fire you for complaining about sexual harassment in the workplace.
Quid Pro Quo Sexual Harassment
Quid pro quo describes a situation in which a person is offered an exchange. The term quid pro quo is a Latin phrase that means “this for that.” Quid pro quo sexual harassment occurs when employment, promotions, or benefits are conditioned upon some type of sexual conduct. Even one instance of quid pro quo sexual harassment is illegal.
Hostile Work Environment Sexual Harassment
When sexual harassment is so pervasive and severe that it interferes with work or creates an intimidating, hostile, or offensive work environment, it creates an illegal hostile work environment. The inappropriate or illegal behavior does not have to target you for you to be harmed by it.
Sexual Harassment Laws
Sexual harassment that is either quid pro quo or creates a hostile work environment is illegal according to federal laws – Title VII of the Civil Rights Act – as well as California’s Fair Employment Housing Act (FEHA).
Federal Civil Rights Act – Title VII
Title VII applies to employers with 15 or more employees. A claim based on Title VII must first be filed with the federal government agency, the Equal Employment Opportunity Commission (EEOC). If unsuccessful at the EEOC, a sexual harassment lawsuit may be filed against your employer.
California Fair Employment Housing Act
FEHA applies to all employers with five or more employees. It requires employers to take steps to prevent sexual harassment and promptly correct discriminatory and harassing conduct. A FEHA claim must first be filed with the California Department of Fair Employment and Housing (DFEH) and then a California sexual harassment lawsuit may be pursued.
California Government Code §12940 (g)-(k)
California Government Code §12940 is a crucial piece of legislation that addresses the issue of harassment, including sexual harassment, in the state of California. This code serves as a protective measure for employees and ensures that they are provided with a safe and respectful work environment. Harassment can have severe consequences for individuals, both psychologically and professionally, and this code aims to prevent such behavior from occurring.
The code defines harassment as unwanted conduct based on certain protected characteristics, such as race, gender, religion, age, disability, and sexual orientation. This includes both verbal and physical conduct that creates an intimidating, hostile, or offensive work environment for the victim. Sexual harassment specifically refers to any unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature.
California Government Code §12940 prohibits employers from engaging in or permitting harassment in the workplace. Employers are responsible for ensuring that their employees are aware of their rights and the procedures for reporting any instances of harassment. They must also take prompt and appropriate action to investigate and address any complaints that are made.
Under this code, victims of harassment have the right to file a complaint with the California Department of Fair Employment and Housing (DFEH), which is the agency responsible for enforcing this law. The DFEH will investigate the complaint and take appropriate action if it finds that harassment has occurred. This may include mediation, conciliation, or filing a civil lawsuit against the employer.
California Government Code §12940 sets clear guidelines for employers and ensures that victims have a recourse to seek justice. By upholding this code, California aims to create a professional environment where all individuals can work without fear of harassment or discrimination.
Setyan Law
Whether you have faced discrimination, harassment, retaliation, wrongful termination, or other illegal actions against you by an employer, our Los Angeles employment lawyer Sam Setyan and his legal team of experts will provide you the quality legal services required to win your case, and bring you justice. Sam Setyan will review your grievance, tell you your options, and guide you to the most favorable outcome possible. It’s your call.
Call 213-618-3655 for a free consultation.
Steps to Take if You Experience Sexual Harassment
- Document the Incidents: Keep detailed records of the harassment, including dates, times, locations, and witnesses.
- Report the Behavior: Notify your employer or HR department about the issue.
- Consult an Attorney: A sexual harassment attorney can guide you through filing a complaint and pursuing legal action.
- File a Complaint with the EEOC or DFEH: These agencies will investigate your claims and determine if further action is necessary.
- Pursue Legal Action: If the harassment continues or your employer fails to address it, you may file a lawsuit.
Get a Free Consultation, No Fee Until You Win!
Our sexual harassment law firm offers free consultations for your case. We will listen to your story and immediately begin an investigation. We will gather enough evidence to support your case and help you understand the steps that you should take to move forward.
A sexual harassment claim in California can be complex, so it’s important to work with a top sexual harassment lawyer who can help you navigate a claim with the appropriate government agencies. If necessary, Setyan Law can also file a sexual harassment lawsuit against your employer and those responsible for treating you poorly at work.
Call a Sexual Harassment Lawyer Now
If your employer has failed to properly protect you against these wrongful acts, you need a sexual harassment lawyer who will aggressively fight for your rights. Consult with a Los Angeles employment lawyer for answers to your questions.
Call us at 213-618-3655 for a free initial consultation.
How an Employment Attorney in Los Angeles Can Help You
Employment disputes are about more than winning. They often involve your livelihood and can impact your entire life. Setyan Law has a team of legal professionals and discrimination lawyers in Los Angeles.
We will review your case, gather evidence to support your claims, and fight for you to get the justice you deserve.
Please feel free to call us for a free consultation about your rights.