All forms of workplace harassment, including physical and sexual harassment, are unacceptable. Thankfully, there is comprehensive state and federal legislation in place to protect workers against these instances. By understanding the difference between workplace harassment vs. sexual harassment in California, employees can adequately work to identify harassment cases and prevent it in the workplace.
Sexual harassment in California is illegal and associated with serious penalties. However, the line between sexual harassment and general workplace harassment can sometimes be blurry. By understanding the key signs, workers can protect themselves and other employees by working toward a culture that rejects harassment in the workplace in all forms. If you’ve been a victim of sexual or general workplace harassment, an employment lawyer can help you seek justice.
Understanding Workplace Harassment in California
Harassment in the workplace in California is considered to be any kind of unwelcome or unwanted behavior committed against an employee. In order for such harassment to be illegal, harassment must be part of a larger pattern that is based on a protected characteristic, such as religion or race, and is severe and pervasive in nature.
Furthermore, harassment cases typically need to show that the employee experienced damages in the form of negative consequences to their well-being or career. Then, they can be compensated for these damages if the case is successful.
Workplace harassment can take many different forms, including verbal, physical, visual, sexual, or cyber harassment. Offensive jokes or slurs are considered to be verbal harassment, while unnecessary touching, brushing, slapping, or grabbing a person is considered to be physical harassment. Visual harassment involves showing an individual lewd, offensive, or unwanted material, which can be displayed in person or sent online.
Sexual Harassment at Work in California
Sexual harassment can overlap with other kinds of harassment, such as physical and verbal harassment, and it is against the law in California, with resulting penalties. Sexual harassment in the workplace is defined as unwanted sexual advances or requests. It can take place both inside and outside of work, with the potential for employers to be held liable for both.
Conduct that is negatively directed at a woman due to their pregnancy status is considered to be sex discrimination. Even if one individual is not targeted in a sexist or lewd comment, the perpetrator may be held accountable if the action targets an entire sex. Sexual harassment is typically defined in two major categories:
- Quid Pro Quo Harassment. This type of harassment happens when a person in power, such as a supervisor, manager, or supervisor, requests that a worker provide sexual favors conditionally. They may offer a promotion, raise, or career advancement in exchange for sexual favors. Additionally, they could threaten to fire or demote the employee if they don’t comply.
- Hostile Work Environment Harassment. This kind of sexual harassment occurs when the incidences are pervasive and severe in nature and have a negative impact on the employee as a result.
If you believe that you are facing sexual harassment or other forms of harassment in the workplace in California, it is critical to get in contact with a skilled and experienced employment lawyer who can analyze your case details, and help you build up your legal strategy to get the compensation you are entitled to.
FAQs
Q: How Long Do You Have to File a Harassment Suit in California?
A: While the amount of time that you have to file a harassment suit in California will depend on the specific details of your case, you typically will have three years from the day that the harassment occurred to file a complaint with the Civil Rights Department of California. An experienced and skilled lawyer can analyze the details of your case, help you understand the claims process, and notify you of any relevant details and deadlines for your case.
Q: How Much Does a California Sexual Harassment Lawyer Cost?
A: The cost of sexual harassment lawyer in California depends on different factors, including the experience of the lawyer with sexual harassment cases, the location and reputation of the law firm, the complexity of your case and the associated evidence, and the severity and pervasiveness of the sexual harassment occurrences and patterns.
It’s important to work with an attorney who is upfront about their pricing, including whether they will require only a proportion of your final settlement or if they will charge an hourly rate.
Q: What Are the Four Elements That Legally Define Harassment?
A: The four elements that legally define harassment depend on the legislation and regulations in the jurisdiction of offense; however, they are generally that:
- there must be unwanted behavior present;
- such behavior must be part of a pattern that is severe or pervasive enough to constitute a hostile working environment;
- the conduct is based on protected characteristics, such as sex or race; and
- the victim suffers damages to their work performance, career, or well-being as a result.
Q: Are Sexual Harassment Cases in California Hard to Prove?
A: While it can be hard to prove sexual harassment claims in California, having the right legal advice and adequate evidence can help you optimize your chances of winning your case. Proper documentation, such as archives of messages or emails, witness testimony, and strong legal arguments, can aid victims in proving their case and getting adequate compensation for associated damages.
Furthermore, by promptly reporting incidences of sexual harassment and following internal compliant addressing procedures, sexual harassment victims will have a stronger foundation for their case.
Get the Legal Support You Need From a California Workplace Harassment Lawyer
A large number of workplace harassment cases in California go unreported due to fear of retaliation from employers, stigma, “victim-blaming,” and a lack of trust in the legal system’s ability to bring the case to justice. A dedicated and experienced California workplace harassment lawyer from Diefer Law Group, P.C., can analyze the details of your case and help you gather evidence and witness testimony to support your claims.
In severe cases, such as sexual harassment, we can leverage legal strategies to hold the perpetrator and other parties accountable, as well as get you compensation for the damages you suffered. Don’t hesitate to contact a lawyer from our firm so that we can start serving you today.
ES