Santa Ana Online Sexual Harassment in the Workplace Lawyer
Santa Ana Online Sexual Harassment in the Workplace Attorney
A sexual harassment incident has the potential to cause you serious mental and emotional strife. Handling such a situation on your own can be overwhelming. It may be vital to the success of your case to retain the services of an experienced sexual harassment lawyer who can help you develop the strongest case possible. In today’s high-tech world, sexual harassment can happen online as much as it can in person, and a Santa Ana online sexual harassment in the workplace lawyer can help.
California state law requires that every employer that employs at least five workers must provide those workers with sexual harassment prevention training and education. If a sexual harassment situation does occur, your employer may be found liable, depending on whether they went through with offering this comprehensive training. Otherwise, they could be dealing with claims from the California Department of Civil Rights and the Equal Employment Opportunity Commission (EEOC).
What Is Online Sexual Harassment?
There are many different forms that sexual harassment can take, from unwanted sexual advances to crude and offensive jokes. Every form of sexual harassment has essentially the same purpose: to make the intended victim feel insecure, threatened, and small. Sexual harassment is what happens when you are forced to deal with a sexually charged incident that causes you to feel unsafe or uncomfortable and starts to foster a hostile or toxic work environment for you.
Online sexual harassment is very real, and it may become more prevalent in modern workplace culture in an increasingly online world for workers. These incidents are fairly similar to in-person sexual harassment situations, with the main difference being that the unwanted sexual behavior occurs through the internet, a cell phone, a laptop, a tablet, email, or some other workplace device.
How to Handle Online Sexual Harassment
If you are ever the victim of a sexual harassment incident, be sure to preserve any evidence of the incident and take it to whoever handles complaints in your company. It could be your supervisor, your HR department, or some other authority. Regardless, make sure you let them know what happened. Then, seek out a sexual harassment lawyer who can help you with developing your case.
Proving Online Sexual Harassment Claims
It may be easier to prove online sexual harassment claims than in-person sexual harassment claims. Documenting the evidence can prove simple, as all you have to do is download it from your device and preserve it for your lawyer. Recording video and audio calls may be easier as well. It depends on your case and device. Online sexual harassment is not gender-specific, either. Both men and women can sexually harass coworkers and be victims of sexual harassment.
In the event of an online sexual harassment situation, you may want to consider gathering evidence as soon as possible. Whatever explicit messages, images, audio, or links are sent to you, save them and preserve them for your case. The more evidence you have, the easier it may be to succeed in your case. Make sure you send them to whoever handles complaints in your company. Then, share them with a sexual harassment lawyer.
Sexual Conversation
It is important to note that engaging in conversations of a sexual nature, regardless of intent, is inappropriate in the workplace and could result in accusations of sexual harassment. While working remotely has its freedoms, you are still in the workplace. Anything you say or do during your work hours could reflect on the company you work for, including anything that’s considered sexual harassment.
FAQs
Q: What Is the Legal Penalty for Sexual Harassment?
A: The legal penalty for sexual harassment depends entirely on the circumstances of the incident and whether it is considered sexual misconduct under California law. A charge of sexual misconduct can result in a number of penalties, all of which depend on the severity of the charge. Depending on whether the sexual misconduct charge is a misdemeanor or a felony, the penalties could range anywhere from significant jail time to hefty fines.
Q: What Is the Burden of Proof in a Sexual Harassment Case?
A: In civil court, the burden of proof is based on a preponderance of evidence, as opposed to criminal court, where guilt has to be proven beyond a reasonable doubt. The burden of proof in a sexual harassment case falls on the plaintiff, who must be able to prove that there is at least a strong chance that the incident happened. The plaintiff must be able to prove that unwanted sexual conduct happened, it was offensive, and it was sexual in nature.
Q: Is Being Singled Out at Work Considered Harassment?
A: Yes, being singled out at work can be considered harassment in certain cases, especially if there is a pattern of negative remarks, hostility, and intentional mistreatment. If you are singled out because of a valid mistake you made, that may not be harassment. However, if you are constantly singled out for no valid reason and made to feel like your feelings don’t matter, that can be considered harassment. If you believe that you have a case, speak with a lawyer.
Q: What Is the Most Common Type of Harassment in the Workplace?
A: The most common form of harassment that occurs in the workplace is sexual harassment. Many people of all genders, sexual orientations, ages, and races have reported unwanted sexual attention and discrimination from coworkers across the country. It is vital to speak up if you ever witness any form of sexual harassment. If you are a victim of sexual harassment, it is encouraged that you report the incident to your supervisor and reach out to a sexual harassment lawyer.
Contact a Sexual Harassment Lawyer
Online sexual harassment is just as illegal and inappropriate as in-person sexual harassment. It can also lead to damage claims for your company and your harasser. Diefer Law Group, P.C., understands the kind of help you need. Our firm can offer you assistance in developing your case, gathering evidence, and making sure that you aren’t taken advantage of. Contact us to speak to a team member and schedule a consultation.
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