Orange County Online Sexual Harassment in the Workplace Lawyer
Orange County Online Sexual Harassment in the Workplace Attorney
Sexual harassment in the workplace can involve many different kinds of behavior, including virtual behavior through the Internet, email, video calls, or texting, among other platforms. Online sexual harassment can be just as demoralizing, threatening, and disheartening as in-person sexual harassment. It is vital that you take the proper steps to protect yourself by hiring an Orange County online sexual harassment in the workplace lawyer for your case.
What Is Online Sexual Harassment in the Workplace?
Sexual harassment refers to unwanted sexual advances or actions of a sexual nature that create a hostile working environment for the one being targeted. California state law requires all employers with at least five employees to provide sexual harassment prevention training to their employees. Failure to provide this training could result in legal action from the California Department of Civil Rights and the Equal Employment Opportunity Commission (EEOC).
Online sexual harassment simply brings the awkwardness and disrespect of a sexual harassment encounter to an online venue. It is just as inappropriate and can lead to the same kind of legal action as an in-person sexual harassment situation would. Like in-person sexual harassment, online sexual harassment is not gender-specific. It can be committed by anyone, and anyone can be a victim.
Any sort of unwanted sexual behavior that occurs through an online medium can be considered online sexual harassment. If you become a victim of online sexual harassment, reach out to an experienced sexual harassment lawyer to start building a case. Also, be sure to report this behavior to your employer and to the EEOC. Here are some examples of behavior that can be considered online sexual harassment and should be reported quickly:
- Sending Unwanted Explicit Images: Anytime somebody sends you unwanted and unwelcome explicit images, content, links, or audio files, it can be considered online sexual harassment. Be sure to save these materials as evidence of harassment and turn it over to your lawyer once you start building a case.
- Inappropriate Conversation: Working remotely still often requires video conferencing or online chats to speak with coworkers, supervisors, and managers. During these conferences and chats, if somebody says something to you of a sexual nature that you find uncomfortable, that can be the equivalent of in-person sexual harassment. It is inappropriate to engage in sexual conversation in the workplace, and that includes a virtual workplace.
- Sexual Gestures: During virtual calls, it is important that you and your coworkers engage in appropriate behavior and conduct throughout the entirety of your workday. While sexual conversation can lead to harassment claims, so can sexual gestures and innuendos. It is important to remember that while you are in video chats during work hours, you are still at work. If somebody makes a sexual gesture toward you, be sure to save the video for future evidence.
- Rumors and Gossip: It is considered online sexual harassment to spread rumors and gossip about a coworker’s sexual behavior. Starting a rumor about someone’s sexual behavior and participating in it can be detrimental to their mental and emotional health. It can affect their job performance, and it can open the employer up to potential sexual harassment claims.
FAQs
Q: How Do You Win a Workplace Harassment Case?
A: To win a workplace harassment case, you must be able to prove that the workplace harassment took place and that it affected you in a negative way. If you are able to prove that the harassment impacted your personal life or your career, you will have an easier time achieving success in your harassment case. Your sexual harassment lawyer can help you gather the necessary evidence and build your case.
Q: What Is the Burden of Proof in a Workplace Harassment Case?
A: In a workplace harassment case, the burden of proof lies with the plaintiff. It is up to the plaintiff to prove that harassment took place and that it has affected their mental health and career prospects. In a civil case, the burden of proof is a preponderance of evidence, which means that the plaintiff has to prove that the harassment most likely took place. This is a lower standard than the one required in criminal cases. An experienced harassment lawyer knows what evidence is needed and how to use it to prove your claim.
Q: What Makes a Strong Harassment Case?
A: The most effective way to make a strong harassment case is to gather as much evidence as you can to prove that the harassment took place. A strong harassment case is well-prepared with evidence showing:
- The harassment
- That you took the proper steps to report it correctly
- That you may have faced retaliation for making that report
- The severity of the harassment
Your lawyer can help you gather that evidence and use it to direct your case.
Q: What Are Three Actions That Are Considered Harassment?
A: There are many different actions that can be considered harassment in the workplace. Three examples include:
- Verbal Harassment: This behavior includes threatening coworkers, insulting them, screaming at them, catcalling them, and telling offensive jokes.
- Physical Harassment: This can include attacking coworkers, destroying property, abusing coworkers, and making threatening gestures.
Visual Harassment: This includes spreading pornographic or otherwise offensive images to coworkers, sending racist jokes or comments to coworkers, or transmitting offensive emails.
Reach Out to a Sexual Harassment Lawyer Today
Online sexual harassment can be just as harmful and offensive as in-person sexual harassment. If it ever happens to you, it is important that you take the proper steps to protect yourself and your future claim should you decide to pursue legal action. It is recommended that you consult an experienced sexual harassment lawyer to see what your options are for legal recourse.
Diefer Law Group, P.C., is prepared to support you throughout the course of your case. We can assist you with developing your case, gathering necessary evidence, and protecting your interests during negotiations and in court if it comes to that. Contact us to schedule a consultation with our firm and learn more about how we can help.
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