Tower Legal Group is dedicated to representing individuals who have encountered Sexual Harassment in the workplace in throughout California, including Sacramento County, Placer County, Yolo County, Yuba County, Sutter County, and surrounding areas.
Types of Harassment
There are several types of harassment that can occur in the workplace but the most common is Sexual Harassment. Employees may be subjected to Disability Harassment, Gender Harassment, Race Harassment, National Origin Harassment, or other characteristic Harassment, but Sexual Harassment is most common.
Further, Sexual Harassment in California can be based upon several characteristics. For Example, California Government Code 12940(j)(4)(C) defines those characteristics that fall within the scope of sexual harassment in the workplace or employment. For purposes of this subdivision, “harassment” because of sex includes sexual harassment, gender harassment, lesbian harassment, gay harassment, sexual orientation harassment, transgender harassment and harassment based on pregnancy, childbirth, maternity leave, paternity leave, baby bonding leave or pregnancy related medical conditions. Lastly, Sexually harassing conduct need not be motivated by sexual desire.
Gay Harassment can be words or actions. Harassing an employee because they are gay is unlawful. This applies to co-worker harassment, supervisor harassment, manager harassment, and independent contractors and third party harassment while in the workplace.
Similarly, Lesbian Harassment can be words or actions. Harassing an employee because they are lesbian is unlawful. This applies to co-worker harassment, supervisor harassment, manager harassment, and independent contractors and third party harassment while in the workplace.
Regardless of the sexual orientation, employees in California are entitled to be free from gay harassment, lesbian harassment, transgender harassment, bi-sexual harassment, queer harassment, intersex harassment, and asexual harassment. This is referred to LGBTQIA harassment in the workplace. It is unlawful. LGBTQIA is an acronym that refers to several types of sexual orientation. L = Lesbian. G = Gay. B = Bi-Sexual. T = Transgender. Q = Queer or Questioning. I = Intersex. A = Asexual. Each of these characteristics are protected from harassment in California.
Harassment need only be severe or pervasive to create a hostile work environment. Recently, the California Legislature recently made clear that one single incident may be sufficient to create a hostile work environment if it “unreasonably interfered” with the employee’s work environment or if it “created an intimidating, hostile, or offensive working environment.” It also clarified that employees do not need to show that their productivity declined as a result of the harassment but rather only need to show that the harassment made it “more difficult to do the job.”
The status of the harasser may also make the harassing conduct more severe. Harassment by a high-level executive, manager, or owner is more serious. Moreover, employees do not have to be the direct target of sexual harassment to experience a hostile work environment. Opposing Sexual harassment an employee observes is also a protected activity, and the employee cannot be retaliated against for reporting sexual harassment.
What Is Sexual Harassment?
The following types of verbal or physical conduct can constitute sexual harassment:
- Unwelcome sexual comments or jokes – either in person or in electronic communication like texts or emails
- Sexually suggestive touching, groping, or contact against the employee’s wishes
- Invasion of an employee’s personal space or impeding her movements
- Staring at employees or their bodies in a sexual manner
- Unwanted sexual advances
- Repeated requests for dates or sexual favors
- Posting, circulating or showing sexually explicit images or material in the workplace
- E-mailing or viewing pornographic images on the job
WHO IS LIABLE FOR SEXUAL HARASSMENT?
Under California law, an employer is strictly liable when a manager or supervisor engages in sexual harassment. This means that if a manager or supervisor sexually harasses a subordinate, the employer is liable. This can also be a team lead, or shift leader. However, an employer is only liable for harassment between co-workers if it knew or should have known about the harassment and failed to take appropriate action. In both cases, the employees who engage in the harassment are personally liable for their conduct. Employers are also liable for harassment by their customers or clients (such as independent contractors) if they know or should have known about the harassment and failed to act.
Failure to Investigate Harassment
Employers have a duty under California law to investigate claims of sexual harassment in the workplace. Despite this legal obligation, some employers either fail to investigate allegations of sexual harassment or are negligent in their investigation. A well-known example of an employer failing to take adequate steps to address alleged sexual harassment is detailed in the San Francisco case of Weeks v. Baker & McKenzie, 63 Cal. App. 4th 1128 (1998). A jury awarded Ms. Weeks $7 million dollars for the Defendants not investigating Sexual Harassment, and being subjected to severe sexual harassment. Its an example of Defendant Corporations not taking sexual harassment cases serious.
Opposing Sexual Harassment
Opposing Sexual Harassment is a protected activity in California. An employee cannot be retaliated for reporting sexual harassment, to him/her, or witnessing sexual harassment of co-workers. A well known example of retaliation for opposing conduct reasonable believed to sexual harassment is Yanowitz v L’Oreal (2005) 36 Cal. 4th 1028. Ms. Yanowitz refusal to fire a female employee because the employee did not meet a male executive’s standards for sexual attractiveness was a protected activity under the Fair Employment and Housing Act. Ms. Yanowitz reasonably believed this to be sexual harassment, and opposed the practice. She was terminated for not terminating the employee whom the Executive believed was not attractive enough to sell cosmetics. Ms. Yanowitz sued her employer, and won. The case resolved in a confidential settlement.
If you think you might be a victim of sexual harassment at work, you might be feeling angry, disgusted or even a loss of your self-esteem. At the same time, you also may be anxious about the possibility of losing your job, getting a poor performance review or being demoted. If you have found yourself in this unfortunate situation, please reach out to us for a Free Confidential, No-Obligation Consultation.
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Unlawful employment practices occur frequently, and people suffer from this misconduct every day. The government aims to protect employees from the possible mistreatment from employers. Employment law is meant to protect employees from the unfair behavior at work.
In California, if a manager or the owner of the company engages in sexual harassment against an employee under his or her direct supervision, the company may be held strictly liable.
Employers are not allowed to retaliate against their employees if they choose to complain or expose misconduct in the workplace. All too often employers violate these California Retaliation laws and punish employees who report them. Retaliation can be done by cutting wages, demoting an employee or wrongful termination.
If you have experienced unfair behavior do not hesitate to call a Sacramento Sexual Harassment Lawyer from our firm to defend you and your rights. Contact Tower Legal Group right away to schedule a Free Case Evaluation and discuss your case.
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WHY HIRE TOWER LEGAL GROUP?
- Compassionate Counsel and Experienced, Aggressive Representation
- Long history of success defending Employees Rights
- Well-versed in all California Employment Laws
- Seasoned Employment Law Trial Lawyers
- Serving clients throughout the Greater Sacramento area
- Cases handled on a Contingency Fee Basis
“No Fees Until We WIN For You”
In order to make our services available to everyone, we handle your case on a Contingency Fee Basis. This means that we are only paid when we recover money for you. Through this arrangement you can obtain legal assistance even if you are unable to pay attorney’s fees. Our law firm advances expenses to pay for expert witnesses, court costs and other necessary fees. These expenses are reimbursed to the firm when we win a favorable verdict or settle your case.
If you have suffered from any type of misconduct or have witnessed unlawful behavior you can take action. Seek assistance from a Sacramento Sexual Harassment Attorney from Tower Legal Group and see how we may be to help you.