San Diego Online Sexual Harassment in the Workplace Lawyer
San Diego Online Sexual Harassment in the Workplace Attorney
It can be stressful and overwhelming to handle a sexual harassment claim all on your own. That’s why it’s vital to retain the services of an experienced sexual harassment lawyer to help you with your case.
Sexual harassment can happen online just as much as it can in person, thanks to the daily use of devices that are crucial to your workday. Online sexual harassment needs to be reported, and with the help of a San Diego online sexual harassment in the workplace lawyer, it can be.
What Is Sexual Harassment in the Workplace?
Sexual harassment can take many forms, but all of them essentially amount to the same intention: to make you feel small, scared, and disgusted. Sexual harassment occurs when you are forced to deal with unwelcome sexual advances, jokes, innuendos, and physical actions that make you uncomfortable and foster a hostile work environment. If you are ever the victim of a sexual harassment incident, it is vital that you take the necessary steps to preserve evidence and protect yourself.
Since California state law requires every employer who has at least five employees to provide comprehensive sexual harassment education and prevention training, there is virtually no excuse that your employer can make regarding an incident. Failure to provide this training can make the employer subject to potential legal actions from the California Department of Civil Rights as well as the Equal Employment Opportunity Commission (EEOC).
Handling Online Sexual Harassment in the Workplace
With online sexual harassment, the circumstances are fairly similar to in-person sexual harassment. The only substantial difference between online sexual harassment and in-person sexual harassment is the medium. Online sexual harassment is done through the Internet, laptops, cell phones, tablets, and email, among other devices. Regardless of how it happens, sexual harassment can be demeaning and insulting.
When sexual harassment happens online, it can actually be easier to gather evidence that supports your claim. Recording video calls and documenting text chains, emails, and direct messages can be fairly simple to do. Online sexual harassment is not specific to men or women. Anyone can be a victim of online sexual harassment, and anyone who harasses a coworker in a sexual manner can open themselves to potential claims, just like in-person sexual harassment.
If you ever find yourself dealing with an online sexual harassment situation, you may want to consider gathering evidence right from the start. Save any attachments that were sent to you, download any inappropriate texts or messages, and give them to your supervisor or HR department as evidence. Then, you should consult an online sexual harassment lawyer.
Sexual Conversation
One example of an inappropriate behavior that could be considered online sexual harassment is having a sexual conversation. It is inappropriate to discuss matters of a sexual nature in the workplace, so it is considered just as inappropriate to have those same conversations in a virtual setting during your workday.
While working remotely may provide some employees with more personal freedoms, it is important to remember that you are still at work. A virtual workplace often requires employees to speak with coworkers, managers, and supervisors through video calls.
If, during one of these video chats with coworkers, someone says something to you in a sexual manner, regardless of tone, it could be considered online sexual harassment. Engaging in inappropriate sexual conversation in the workplace can open the harasser up to potential claims, along with the employer.
FAQs For San Diego Workplace Online Sexual Harassment
Q: How Hard Is It to Win a Hostile Work Environment Claim?
A: It can be fairly difficult to win a hostile work environment claim. However, it largely depends on the specifics of the case at hand. The more evidence you have that supports your claim, the easier it may be to successfully prove your case. The burden of proof falls on the plaintiff, as they are the one who is making the claim of a hostile work environment. Proving that claim will require evidence of discrimination, proof of a pattern, and documentation showing that you reported it.
Q: What Happens If You Lose an EEOC Case?
A: If you lose an EEOC case, you may be responsible for the total costs of the claim, among other expenses. When a workplace complaint is sent to the EEOC, it will investigate the claim. However, if the investigation results in a lack of evidence or a determination that there was no incident worth investigating, the EEOC will send you a dismissal notice, and you will have 90 days to drop the suit.
Q: What Should I Do If I Witness Harassment in the Workplace?
A: If you witness an act of harassment take place at work, you should notify your employer. While you may be afraid of retaliation, it is important to remember that retaliating against an employee for reporting harassment is illegal under EEOC legislation. Try not to encourage harassment by participating in it, laughing at it, or dismissing it. Tell someone with authority, or report it yourself to the EEOC. You have multiple options.
Q: Does Sexual Harassment Have to Involve Sexual Activity?
A: No, sexual harassment does not have to involve sexual activity. Just the act of saying something sexual to someone else in the workplace can be considered sexual harassment. Any sort of sexually related behavior in the workplace that makes you feel uncomfortable or threatened can be considered sexual harassment and should be reported to the proper department. You may want to consider reaching out to a sexual harassment lawyer as well.
Contact a Sexual Harassment Lawyer Today
Online sexual harassment is taken very seriously by the EEOC and California employers, as it is a viable form of sexual harassment that could lead to serious claims. If you are dealing with the aftermath of a sexual harassment incident, you don’t have to do so alone. A seasoned sexual harassment lawyer can help you with your case and give you time to devote to healing.
Diefer Law Group, P.C., understands the kind of help you need and is prepared to assist you throughout this entire process. We can help you develop your case, understand what your options are, and represent your interests from start to finish. Contact us to speak with one of our team members and schedule a consultation.
San Diego Practice Areas
ES