Being the victim of workplace sexual harassment in Los Angeles can be a frightening and horrible experience. You may find yourself concerned over the security of your employment or become afraid to go to work every day and deal with the chances of being harassed. You might also find yourself wondering what happens when someone finds themselves facing allegations of sexual harassment at work in Los Angeles. An employment law attorney can help answer that.
Being afraid of bringing forward an allegation of sexual harassment is common. Many victims are afraid they will be retaliated against in ways such as losing their jobs, being demoted, or being given undesirable hours or a poor performance review. If you are the victim of workplace sexual harassment in Los Angeles, it is vital that you hire an attorney who can make you aware of your rights and protect you from undue actions when you bring these allegations forward.
What Constitutes as Workplace Sexual Harassment in Los Angeles?
Under the Fair Employment and Housing Act, California defines sexual harassment as any unwelcome or unwanted sexually suggestive physical or verbal actions that are made toward a person with which the harasser has a professional or working relationship. There are two main forms of workplace sexual harassment that can occur, and it is important that when facing these forms of harassment, you document everything, including times and dates.
The main two forms of sexual harassment seen in the Los Angeles workplace include the following:
- Quid Pro Quo: The first form of workplace sexual harassment is known as Quid Pro Quo. This can occur when an individual in power, such as a boss, manager, or employer, requests certain sexual favors in exchange for a positive workplace action such as a promotion or raise. They may also threaten retaliation in the form of a demotion or termination if the favors are not granted. These cases include:
- The fact that you have directly worked under the harasser.
- They made sexual advances.
- You suffered harm due to this harassment.
- Your working conditions were made contingent on your reaction to the advance.
- Hostile Work Environment: This form of sexual harassment can occur when the harassment becomes so severe, pervasive, or persistent that you are unable to continue performing the necessary duties of your job. This harassment can come from a person in authority or a peer. Your claim may be valid if you have experienced:
- Unwelcome or unwanted sexual comments, conduct, or advances
- Touching, groping, bumping, or brushing another employee onto your body in an unwanted and suggestive way
- Harassment based on your sex, gender, sexual orientation, gender expression, or sexual activity
Parties You May Hold Liable for Workplace Sexual Harassment
Individuals who find themselves victims of workplace sexual harassment often discover that this behavior comes from many different sources. Each one of the following parties can find themselves facing allegations of sexual harassment. If they retaliate against you, your attorney can help you hold them liable for their actions. The following parties can be held responsible for workplace sexual harassment:
- Coworkers
- Clients of your company
- Customers of your company
- Vendors
- Independent contractors
- Supervisors
- Managers
- Bosses
- Owners of the company or business
- Chief executive officers
Situations Where Workplace Sexual Harassment Can Become a Crime
When an individual faces allegations of workplace sexual harassment, there are some instances where this harassment can actually be deemed a crime or an act of sexual assault. Sexual assault is often defined as an act or behavior where sexual contact happens without the consent of the victim or the receiving party. This can happen either due to the fact that the victim was unable to offer consent or because they resisted. Workplace sexual assault can include the following:
- Rape
- Attempted rape
- Unwanted touching or physical contact of a sexual nature
- Being forced to perform sexual acts
- Fondling or groping
If you have suffered an action of sexual assault in the workplace, you have the legal right to bring these allegations forward.
FAQs
Q: What Damages Can You Seek for Sexual Harassment?
A: There are several forms of damages you could seek in a sexual harassment case, depending on the nature and severity of the harassment. These damages can include medical bills for therapy or counseling, medical bills for any physical harm, front and back pay, pain and suffering, emotional distress, and in rare cases, punitive damages.
Q: What If I Face Retaliation After Reporting Harassment?
A: If you report sexual harassment in your workplace, this is a legal action protected from retaliation. However, this doesn’t keep employers from retaliating against you in some cases. If you have faced workplace retaliation after reporting sexual harassment, you may be entitled to further forms and amounts of legal compensation. An attorney can help you determine if you have a viable case.
Q: What Must Be Proven in a Harassment Claim?
A: To prove a sexual harassment claim in the workplace, you and your attorney must prove a few elements. These include the following:
- You are the member of a protected class, such as based on sex, sexual orientation, gender, or gender expression
- You suffered harassment based on one or more of these protected classes
- This harassment caused you to suffer retaliation or a hostile work environment
Q: What Evidence Makes a Strong Harassment Case?
A: There are several forms of evidence that can be used to prove a sexual harassment case. These forms of evidence can include any written documentation from the time of the harassment, such as a recording of dates, times, or locations, medical or therapy records, statements made from individuals who witnessed the harassment take place, and poor performance reviews or pay stubs reflecting any retaliation.
Speak With a Compassionate Workplace Sexual Harassment Attorney Today
If you have faced sexual harassment in your Los Angeles place of work, or even actions that could qualify as sexual assault, you need and deserve the legal assistance of a trusted attorney who understands the complex intricacies of these cases and what may be involved when bringing these allegations forward. You need someone who is dedicated to your protection. Contact the team at Diefer Law Group today to schedule your free consultation.
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