Sexual harassment has become a hot topic in recent years, especially sexual harassment in the workplace. Although this behavior creates a hostile work environment, many employees fail to manage the situation appropriately.
Companies have educated the employees on proper conduct but rarely reinforce the policies that entitle all employees to a workplace free of harassment and abuse. However, the state of California has stronger civil rights legislation than most states.
If you are one of those employees that feel intimidated, attacked, or degraded based on vulgar sexual comments or unwanted sexual advances, contact Rubin Law Corporation for help. You will learn how to deal with sexual harassment in the workplace.
What is sexual harassment?
Sexual harassment is a form of sex discrimination that includes harassing behavior designed to cause humiliation to employees. This form of discrimination may consist of some of the following inappropriate behaviors from co-workers, supervisors, or customers:
- Offering employment in exchange for sexual favors;
- Unwanted sexual advances and threats after a negative response to these advances;
- Making sexual gestures;
- Displaying suggestive pictures or objects;
- Making derogatory comments or jokes, including behavior that includes gender discrimination;
- Touching, blocking movements, leering;
- Hostile treatment of female workers due to their gender.
What can a sexual harassment lawyer do for you?
Experiencing sexual harassment at work can make you feel humiliated and intimidated. Usually, the victims of this inappropriate behavior feel embarrassed and find it challenging to manage the situation.
At Rubin Law Corporation, we will look into your case, and our experienced sexual harassment lawyer will take aggressive legal actions on your behalf.
We can help you obtain the necessary evidence from the witness and personnel file documents, document emotional distress and related harms to maximize awards, and get the discipline files from harassers. Our attorney will also protect you from undue invasions of privacy and against the employer’s actions designed to undermine you.
Contact us to give you the advice you seek to determine if you have a case or not.
Common types of sexual harassment cases
The most common sexual harassment cases people file with the HR Department are:
#1. Denied job or benefits due to refusal to grant sexual favors
If an employee is fired or denied a job (or an employment benefit) due to refusal to grant sexual favors, they may have a strong case. Also, retaliation against employees who complained about sexual harassment is illegal, even if they cannot demonstrate that the harassment happened.
#2. Resignation due to offensive work environment
Legal professionals call this a constructive discharge harassment case. If a reasonable person quits the job to escape harassment, the court may hold the employer responsible for the resignation.
#3. Exposure to an offensive work environment
Exposure to various inappropriate behaviors is illegal.
When is a California employer liable for sexual harassment?
#1. Strict liability for supervisors
It is essential to keep in mind that where employers know of the harassment, they are liable for the conduct of the victim’s co-workers. The law requires an employer to take all reasonable preventative measures to prevent sexual harassment.
#2. Liability for non-employees
Employers are responsible for the actions of vendors or customers allowed in a workplace and who harass an employee.
Contact Rubin Law Corporation to schedule a confidential consultation about your sexual harassment claim.