In California and the whole USA, sexual harassment is a legal crime. However, many workers and employees encounter sexual harassment practices in their workplace and they are unable to react. Contact a reliable attorney to know the proper action against these conducts.

What is sexual harassment?

Sexual harassment has many definitions according to different laws and countries. In California, sexual harassment in a workplace is any form of severe or unwelcomed sexual conduct. Additionally, any physical, verbal, or visual conduct of sexual nature is considered sexual harassment. In brief, actions that lead to an offensive workplace or sex-discriminates the employees, even if there is no sexual desire, are sexual harassment.

The cases that can be considered as sexual harassment are so many under this definition. Some of the common cases are:

Unwelcome or unwanted physical touches

Physical touches are a wide form of sexual harassment that ranges from a literal touch to assault. Even if the goal is not to achieve any sexual desire, it still counts as sexual harassment. Whenever a person tries to hold another person or touch any part of his/her body without consent, he is a harasser.

Verbal sexual harassment

This includes any forms of spoken or written unwelcome sexual action. For example, discussing sexual stories or incidents while offending other co-workers. Also, offensive jokes, gestures, or comments of sexual nature are verbal sexual harassment. For example, making fun of women because of their sex is sexual harassment. Further, offensive jokes about a particular sexual orientation are sexual harassment. In general, any words of sexual nature at the workplace, even if not intended at a particular person, are sexual harassment.

Offensive visuals

These include displaying videos or images of sexual nature. However, images and graphics related to work are not considered sexual harassment. The difference here is consent. If the employees approved displaying such visuals as they are part of the job, they aren’t sexually harassed.

Discrimination

One of the most, if not the most, common types of sexual harassment at the workplace. Discrimination based on sex, gender identity, or sexual orientation is considered sexual harassment. Discrimination might occur in several forms, however, the most common form comes from the managers to employees.

Employers who promote or favor any employees because of their sex are harassers. Even if the employer didn’t announce this explicitly but his actions prove such a thing, he is committing sexual harassment.

Further, it is not only about promotions or bonuses but general treatment as well. Under California laws, all employees of the same experience levels should receive equal treatment. There is no such thing in law to favor or refuse an employee because of actual or perceived gender identity or sexual orientation.

Unwanted Sexual Advances

These include any form of sexual actions that the other party refuses. They can be verbal, visual, or even digital. For example, sending private messages or emails which include offensive content. Persistent sexual advances are easier to prove and provide evidence about especially if through written or digital channels.

Performing sexual acts

Exposing oneself in the presence of others in a workplace is offensive and lies under the forms of sexual harassment. Also, performing sexual actions on oneself at the workplace is sexual harassment. This is similar to displaying sexual visual content or telling sexual jokes in public. As long as these actions offend others, they are sexual harassment.

Sexual offers

Sexual offers or requests are very obvious and don’t need definitions. However, for sexual offers to become a sexual harassment action, they should be real sexual offers no just date propositions. If an employee asked another employee for a date and he/she refused, this is not sexual harassment. However, if one of the parties kept insisting and chasing the other one, this becomes sexual harassment. Also, explicit sex requests and offers at the workplace are sexual harassment whether they come from the employer or co-worker.

Quid Pro Quo Harassment

Quid pro quo means requiring some conditions in return for something else. In the sexual harassment context, this comes from the employer or top managerial levels to other senior and junior employees. They require any of the above sexual offers in return for a promotion or employment opportunities.

Quid pro quo harassment includes any sexual advances, offers, favors, and any other thing California laws prohibit at the workplace. Even if an employer asks an employee for a date in return for a salary raise or so, it is sexual harassment. On the other side, if the employer punished or did any adverse actions for employees who refused their sexual requests, this is also sexual harassment.

If you experienced one or more of these actions, you can submit a lawsuit immediately. Experienced California sexual harassment attorneys can help you understand your rights. Such actions can subject the harasser to legal liability if proved. As a victim, you need the assistance of sexual harassment attorneys to know who holds the responsibility to stop these actions.

We, as experienced California sexual harassment attorneys, know how humiliating sexual harassment is, especially in the workplace. Also, victims of workplace sexual harassment suffer from other negative consequences rather than emotional and social impacts. They become less productive due to the distress they feel at the workplace which affects their personal life. Thus, we take this matter seriously by taking into account all possible options to build a strong case. Then, we can hold your employer or harasser accountable.

Who is responsible for sexual harassment?

If you encounter sexual harassment at the workplace, several people are responsible for this. First of all, is the harasser of course. This could be a co-worker or your employer. Further, it doesn’t matter if he/she is a male or female as sexual harassment crimes are the same for both genders. Even more, same-sex sexual harassment has similar sanctions.

If the harasser is a manager or a co-worker, the employer is also responsible for taking action to stop this harassment once he knows about it. On the same side, employers are responsible for harassment that results in abusive and discriminatory actions in the workplace.

You can always refer to California sexual harassment attorneys to know more about your case. Knowing who is responsible is important to further seek compensation. Thus, don’t hesitate to contact legal experts.

Legal courses of action

According to California law, there are several actions any employee can take. Whatever kind of sexual harassment you suffered from, the legal actions may be applicable. However, different sexual harassment actions have different sanctions.

The first action to take is to report directly to the organization you are working in. Normally, organizations have legal affairs or human resources departments responsible for these complaints. Even if the harasser was your employer, the company or organization should take legal actions against him.

The next step is to file a complaint to the Equal Employment Opportunity Commission (EEOC). Attempt to file a case to the commission if your company refuses or fails to help you. The agency is responsible for enforcing the laws related to work discrimination prohibition from which sexual harassment is considered.

The harasser employer or co-worker has the legal right to dispute your claims. When you no longer can handle your case, you should contact California sexual harassment attorneys. Experts can help you file a lawsuit with strong claims to charge the harasser.

Employees can charge their co-workers of any discrimination or harassment acts in court. However, they first need to file a charge to the Department of Fair Employment and Housing (DFEH). Once they receive the reply stating they have the right to sue, employees can refer to the court for further legal action. On the other side, the DFEH may refuse the employee’s litigation for the absence of claims or evidence. In this case, the employee can ask for the right to sue to head to court.

Once the employee receives his right to sue, he can file the lawsuit to the court. The process doesn’t take too much time but it needs building a strong case from the beginning. Thus, we recommend consulting California sexual harassment attorneys to take the right steps.

Permitted duration

Sexual harassment actions are agonizing that victims sometimes need enough time to start taking the right actions. Further, some forms of workplace sexual harassment are not very obvious and are difficult to prove. Thus, in many cases, it takes time to gather the evidence and file a lawsuit.

Previously, the law stated that workplace sexual harassment claims should be filed within 1 year. Later, authorities changed the law and extended this period to 3 years. However, speaking from our experience as California sexual harassment attorneys, we advise you to take immediate action.

These actions including filing a charge to the DFEH to earn the right to sue as soon as possible. Later, further steps could be taken to within three years from the claimed action of harassment.

How can California sexual harassment attorneys help you?

First of all, you should know the actions and deeds that fall under the sexual harassment crime. If you have faced any conduct and need to know its classification, you can contact us directly. Once you ensure you are a victim of sexual harassment, we can guide you throughout the whole legal process.

We will work together on your case confidentially to determine the right steps. Each case has different claims and according to the available evidence, we will take the necessary legal action.

Further, you can focus on your mental and physiological wellbeing while we focus on your case. We will update you about the case and inform you about the next actions until we and you win the case.

Whatever your losses are, whether they are physical, social, materialistic, or psychological, you should be compensated. We not only seek to hold harassers accountable but also compensate victims for loss.

If the case is pervasive or several employees suffer from sexual harassment, we can do more. We will speak on your behalf and ask for corrective remedies in your workplace. We may also file a lawsuit against your employer or organization asking for institutional change.

What if you fear talking about sexual harassment?

In case you are still hesitant, someone else can talk with us about your case. Then, we will describe the available legal options upon his/her description of the case. However, it is always better the victim speaks about the crime as he/she is the best one to describe the details. Hence, we can take the proper legal actions.

On the other side, if you fear your employer firing or assaulting you in any way, we ensure complete confidentiality. No one will ever know about the case as long as we are working on it. Further, retaliating against employees is another crime that can support our case. So, we encourage you to report about it if you face such actions.

Our expert California sexual harassment attorneys will work on your case once you report it to avoid any other consequences. Upon the law and using our legal expertise, we ensure your legal protection from adverse actions for filing sexual harassment lawsuits.

Why hire Jonny Law for workplace sexual harassment?

Jonny Law is a group of professional California sexual harassment attorneys who can handle any sexual harassment case. From our end, we fight on behalf of our clients who are not unable to handle their sexual harassment cases. We have the required legal expertise to obtain satisfying compensation and future protection for our customers.

We have had extensive experience in sexual harassment cases for years. Hence, we have a deep understanding of California laws in this field. Also, we keep up with the updates in the law to find the best possible legal actions. We understand how distressing workplace sexual harassment is, so, we do our best to win all the cases.