East Los Angeles Sexual Harassment Lawyer
East Los Angeles Sexual Harassment Attorney
Nobody should have to endure sexual harassment in any way, particularly in the workplace. The workplace is supposed to be a neutral zone where you can focus on doing a job and shouldn’t have to worry about being uncomfortable. If you are ever sexually harassed in the workplace, you should consider filing a complaint with the Equal Employment Opportunity Commission (EEOC) and speaking with an East Los Angeles sexual harassment lawyer.
What Exactly Is Sexual Harassment?
The unfortunate truth about sexual harassment is that it happens so frequently across the country that you might not even be totally aware that it’s happening to you. Sexual harassment is defined as any form of sexually motivated or sexually charged behavior that creates an uncomfortable environment for someone. Many different forms of behavior can be considered sexual harassment in the workplace, such as:
- Sexual innuendos and jokes
- Sexual assault
- Pressure for sexual favors in exchange for advancement
- Unwanted sexual advances
- Unwanted touching, kissing, groping, or embracing
- Unwanted sexual texts, emails, or phone calls
- Personal questions of a sexual nature.
The California Fair Housing and Employment Act (FEHA) prohibits sexual harassment of any kind in the workplace.
What to Do If You Are Sexually Harassed at Work
Being sexually harassed can be a confusing, enraging, and humiliating situation to find yourself in. You may be wary about reporting the behavior, especially if the harasser threatened termination if you said anything to anyone. You may be feeling unsafe, disgusted, threatened, and even terrified about what could happen next. In East Los Angeles, it is vital that you take the proper steps to protect yourself and others by reporting the behavior properly. Some of these steps include:
- Report the Situation: Above all, you need to make sure you report the harassment through the proper channels. Your company may have certain protocols for reporting sexual misconduct. Be sure to abide by that protocol. Look through your employee handbook to find your company’s hierarchy for reporting such behavior. You may have to report the harassment to your direct supervisor or your company’s HR department.
- File a Complaint: Once you have reported the incident to your supervisor or HR department and someone in a position of power knows what’s going on, you may want to consider filing a complaint with the EEOC or the California Civil Rights Department (CRD). Before you can pursue legal action with a workplace harassment claim, you need to file a complaint with the CRD first.
- Pursue a Claim: Once the complaint with the CRD has been filed, they will issue you a “right to sue” notice, once their investigation has finished. After you receive this notice, you can contact a sexual harassment lawyer and pursue legal action against your employer in civil court.
How Should Your Employer Respond?
When you report the harassment incident to your employer, they should be shocked, disgusted, embarrassed, and angered at the perpetrator. If they don’t exhibit these emotions, you may want to be concerned. If your employer is helpful and decides to be totally transparent with you about how the matter will be handled, here are some important actions they may take:
- Listen: If they are truly concerned about what happened, they will listen to your recollection of the incident. They will take your claim seriously. If you can tell they aren’t really listening to you or they don’t believe your story, they won’t be of much help.
- Immediate Action: If your employer believes you, they may wish to take immediate action against the accused. This could involve a suspension, pending an investigation, or rescheduling you and your alleged harasser on different days so you don’t have to interact with them.
FAQs
Q: Are Sexual Harassment Cases Hard to Prove?
A: Yes, sexual harassment cases can often be hard to prove, especially if you do not have any physical evidence that proves the harassment took place. Often, they can become a “he said/she said” situation, where the only thing to go on is your word that it happened the way you said it did. An investigation may produce more proof that backs up your claim, which is why it is important that you report any incident as soon as you can.Q: Can a Manager Be Held Personally Liable for Harassment in California?
A: Yes, a manager can be held personally liable for a harassment case in California. It is the manager’s job to monitor their employees and ensure their well-being in the workplace, which means that they can be held liable for harassment. If the manager knew about the harassment and did nothing to stop it, they can be held liable. It depends on the case and how involved the manager was in the harassment incident.Q: What Makes a Strong Harassment Case?
A: Evidence is what makes a harassment case strong. The more evidence you have of wrongdoing that can back up your claim, the stronger your claim can be. Evidence can be:- Video recordings
- Audio recordings
- Witness statements
- Text messages
- Emails
- Anything else you have that proves your side of events
Q: What Four Elements Must a Plaintiff Show to Pursue a Harassment Claim?
A: A plaintiff must show four elements to pursue a harassment claim. These are:- You belong to a protected class.
- You were subjected to unwanted conduct involving that protected class.
- The harassment was based on your protected class.
- The harassment has contributed to a hostile work environment for you.
Reach Out to a Sexual Harassment Lawyer Today
Dealing with the personal and social fallout of sexual harassment can be overwhelming and frustrating. You may be feeling somewhat isolated and worried about the future. Retaining the services of an experienced sexual harassment lawyer can go a long way toward feeling more in control of your situation.
Diefer Law Group, P.C., can help you establish the grounds you need to pursue a sexual harassment claim. We can build up your case, gather evidence, and make sure your interests are protected. Contact us to schedule a consultation.