Every employee in the state of California is entitled to a workplace that is safe from discrimination or harassment of any kind. Unfortunately, these situations still arise, and when they do, you may be able to hold the liable party accountable for their actions and pursue compensation. However, you may find yourself wondering how to win a sexual harassment case in Orange County. The attorneys at Diefer Law Group can help answer that question.
The way you are treated at work should be based on your work ethic and job performance, not your gender, sex, or sexual orientation. Sadly, the reality is that there are some work environments where this is the case, and individuals can suffer instances of sexual harassment or misconduct. In these situations, you have the right to file a sexual harassment claim and win both justice and monetary compensation. Our legal team can help.
Common Forms of Workplace Sexual Harassment in Orange County
There are two main forms of sexual harassment that can arise in the workplace. Both are considered illegal and if you suffer any retaliation for refusing these sexual advances or for reporting them to your human resources department, you could file a claim for workplace retaliation on top of your sexual harassment claim.
It is vital that you understand what kind of harassment you have been subjected to. The two most common forms of workplace sexual harassment include the following:
- Hostile Work Environment: This kind of sexual harassment in the workplace is a form that becomes so pervasive, persistent, and severe that it keeps you from performing the necessary duties of your job. This form of workplace sexual harassment can come from individuals such as those in power over you, coworkers, or even independent contractors.
- Quid Pro Quo: In these cases, a supervisor, manager, boss, employer, or other individual in a position of power or authority over you will approach you for certain sexual favors in exchange for certain workplace benefits such as a raise or promotion. If you turn down these sexual advances or do not grant these favors, the offender may threaten certain forms of workplace retaliation, such as a demotion or even termination.
If you have suffered either form of sexual harassment in your Orange County place of work, it’s time to file a claim and take back both your voice and the justice you deserve.
How to Prove Sexual Harassment in the Workplace
Proving sexual harassment in the workplace can be difficult, but it is essential if you wish to win your case. The easier of the two forms of harassment to prove is Quid Pro Quo, whereas proving a hostile work environment can be more difficult. To successfully prove that you have suffered workplace sexual harassment and that your claim is valid, you must prove the following things:
- You suffered retaliation because of your refusal to accept certain sexual advances.
- Your employer had knowledge, or should have reasonably had knowledge, of the harassment, and when you reported the behavior, they did nothing to provide any means of correction.
Forms of Evidence That Can Strengthen Your Sexual Harassment Case
If you hope to win your sexual harassment case in Orange County, there are several forms of evidence that can help prove the validity of your claim. To make the process go smoother and increase your chances of receiving justice and compensation, you should provide the following forms of evidence:
- Documentation of Harassment Events: This can be as simple as a handwritten journal detailing the events of the harassment. This can provide proof of the behavior you were made to suffer.
- Testimony From Witnesses: It is also vital to provide the testimony of any individuals who witnessed the incident of harassment. Coworkers who heard or saw the harassment take place can offer testimony and give credibility to your claim. It is important to gather these statements when filing your claim.
- Electronic Communications: Collect all electronic communications or forms of harassment that might have been perpetrated by the offender. These can include texts, emails, voice messages, pictures, or social media messages.
- Medical Records: Sexual harassment can often take a mental and physical toll on your body. If the harassment causes any depression, anxiety, stress, or other medical issues, you can show records that demonstrate this impact on your health.
FAQs
Q: What Behaviors Are Common in Workplace Sexual Harassment?
A: There are several behaviors that can be considered workplace sexual harassment in California. These behaviors include any jokes, insults, or comments made that are deemed offensive based on your gender, sex, sexual orientation, or gender expression.
Any stereotyping based on these characteristics, the exposing of body parts to achieve arousal, offensive gestures, displaying graphic content, or touching in an unwelcome or unwanted manner could also be considered sexual harassment.
Q: What Are the Protected Classes in Employment Law in California?
A: Workplace harassment does not need to be sexual in nature. It can take on various forms based on certain characteristics protected under both state and federal law. These protected characteristics include race, age, gender, gender identity, sexual orientation, sex, disability, marital or veteran status, skin color, religion, and country of origin.
Q: What Should You Do If You Are Facing Workplace Sexual Harassment?
A: If you believe you are suffering workplace sexual harassment, there are several steps you can take to safeguard any potential claim for compensation. First, document the offenses that happen and note the time, date, location, and details. Speak with the offender or your HR department and document or record that conversation. Finally, consult with an attorney who can assist you through the claims process.
Q: How Do You Win a Sexual Harassment Case?
A: To win a sexual harassment case, it is important that you prove the harassment. To do so, you need to show how the workplace became a hostile work environment due to the harassment. You should understand that it will not be enough to simply feel that the workplace has become hostile or abusive.
Speak With a Trusted Employment Law Violation Attorney Today
If you have suffered sexual harassment at your Orange County place of work, you deserve justice and compensation. The attorneys at Diefer Law Group can help you win your case. Contact our offices today to learn more.
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