Temecula Online Sexual Harassment in the Workplace Lawyer
Temecula Online Sexual Harassment in the Workplace Attorney
Few things in the workplace can be as emotionally draining and uncomfortable as dealing with a sexual harassment situation. Attempting to handle the fallout on your own can be difficult, which is why it is recommended that you retain the services of an experienced sexual harassment lawyer.
They can help you figure out your next steps and build your case. Online sexual harassment can be just as prevalent, which is why you should consult a Temecula online sexual harassment in the workplace lawyer.
California state laws and regulations require any employer that provides jobs for at least five employees to provide those employees with sexual harassment prevention training and comprehensive sexual harassment education. If a sexual harassment incident comes to light and your employer never provided this training to their employees, it is possible that your employer could be open to potential claims from the Equal Employment Opportunity Commission (EEOC) and the California Department of Civil Rights.
Workplace discrimination can involve many different things. Thanks to the efforts of the EEOC, it is easier to protect workers’ rights and pursue compensatory damages in the face of rampant discrimination in the workplace. Under California state law, any employer that employs at least five people must abide by anti-discrimination laws, provide their employees with up to four months of disability leave, and provide employees with comprehensive sexual harassment training.
Workplace discrimination does not just begin in the workplace. The EEOC prevents discrimination based on age, race, religion, skin color, gender identity, national origin, and disability across every aspect of employment. Here are just a few of the different facets of employment that are protected by EEOC regulations:
Workplace Harassment
There are many different kinds of harassment, but all of them can make you feel disrespected, unsafe, and unwanted in the workplace. It is illegal to harass someone because of any of their protected traits, such as sex, age, race, and gender identity. Furthermore, it is illegal to harass someone who has complained about harassment in the workplace. This would constitute retaliation.
Your employer cannot legally retaliate against anyone who has participated in a workplace discrimination discussion, claim, complaint, or investigation. Harassment can take many forms, such as:
- Derogatory slurs
- Offensive comments aimed at a specific person or just spoken generally
- Unwelcome sexual advances
- Offensive imagery being transmitted to others in the workplace
- Physical attacks
Job Postings
employer cannot legally post a job advertisement that specifically excludes people of a protected class. Additionally, employers cannot post a job advertisement requesting applications only from specific groups of people, such as only women or only people under the age of 40. Doing so would violate labor laws and open the employer to a potential discrimination claim.
Job Applications
When an employer is seeking to hire someone for a posted job and they are at the application phase, it is illegal for the employer to exclude certain applications based solely on someone’s race, age, religion, gender identity, or another protected class. An employer cannot make hiring decisions based solely on those traits. If the employer decides not to hire an applicant based on their past job history or lack of education, they are allowed to do so.
Promotions
Under EEOC regulations, advancement in a company should be based on merit, job performance, and necessity. A potential candidate’s protected class cannot legally factor into the employer’s decision to promote. For example, a supervisor cannot give preference to people of one class when deciding on who gets more overtime, and they cannot segregate people of certain protected classes into specific areas.
What Exactly Is Online Sexual Harassment?
There are many different forms that sexual harassment can take in the workplace, and all of them can result in the same kinds of feelings and reactions. Sexual harassment can make you feel belittled, unsettled, angry, disgusted, and weak, among other strong emotions. Sexual harassment can take the form of:
- Unwelcome sexual advances
- Quid pro quo extortion
- Offensive jokes
- Derogatory comments
- Sexual threats
- Stalking
You may consider yourself sexually harassed in the workplace if you ever feel uncomfortable because someone else’s sexually charged behavior contributes to creating a hostile work environment for you. Online sexual harassment really isn’t that different, apart from the fact that, instead of occurring in person, it happens to you in a virtual workplace through the use of cell phones, laptops, tablets, and the Internet. Online sexual harassment is very real and can lead to very real consequences.
How to Handle Online Sexual Harassment
The modern workplace is becoming increasingly reliant on remote work, which means that online sexual harassment could become just as prevalent as in-person sexual harassment. Many harassers may feel bolder with the added protection of a computer screen or even online anonymity. However, you can still build a case against them with enough evidence. If you ever find yourself dealing with online sexual harassment, it is imperative that you preserve as much evidence as you can.
Do what you can to take the necessary steps to protect yourself and your future claim by saving any explicit messages, photographs, videos, or audio files that have been sent to you. Be sure to follow the proper procedures for reporting misconduct that may be found in your employee handbook, and report the incident to the right people. Once you have informed the proper department, consider filing a complaint with the EEOC and building a case for legal action.
It can be somewhat easier to prove an online sexual harassment case, thanks to the often larger amount of evidence at your fingertips. It may be easier to preserve evidence in a virtual workplace, and it may be easier to trace where the sexually explicit material came from. Don’t forget that online sexual harassment is not gender-specific. Men and women alike can be victims as well as harassers.
FAQs
Q: What Is Considered Illegal Behavior in the Workplace?
A: There are many different kinds of behavior that could be considered illegal in the workplace. Specific to sexual harassment, an incident can escalate from a civil dispute to a criminal case if a harasser puts their hands on you. Then, it has the potential to evolve into an assault charge, which can result in significant penalties for the perpetrator.
Any time someone attacks you, threatens you, stalks you, or destroys your property on purpose, it could be considered illegal behavior, and you may want to contact the authorities.
Q: What Should I Not Say in an HR Meeting?
A: When you are having a meeting with your HR department about the alleged sexual harassment that you may have been subjected to, it is important that you tell the complete truth. Do not distort facts. Do not embellish the story. Just tell them everything as it actually happened. Your most effective strategy to get everything resolved in your favor is to be honest, calm, and stick to the facts of the incident.
Q: What Can I Do If I’m Being Sexually Harassed?
A: If you are being sexually harassed, there are a number of different ways you can try to resolve the situation. First, you can attempt to speak to the person harassing you. Let them know how their behavior makes you feel. If it persists, escalate the situation to your direct supervisor or HR department. If that doesn’t work, lodge a complaint with the EEOC and take legal action against the harasser and your employer.
Q: What Happens If There Are No Witnesses?
A: If there are no witnesses to your sexual harassment incident, it can be harder to prove that the incident happened the way you said it did. If nobody saw it happen, it can quickly become your word against the harasser’s. Regardless of witnesses, you should document everything you can about your incident and report it anyway. At the very least, there may be an internal investigation into the situation. That could be enough to stop things from happening again.
Reach Out to an Experienced Sexual Harassment Lawyer Today
Online sexual harassment can be just as humiliating and painful as in-person sexual harassment. Just because it is happening through a computer does not mean that it isn’t real. If you find yourself facing a sexual harassment incident on your own, it is recommended that you contact an experienced sexual harassment lawyer as soon as possible so you can start building your case together.
Diefer Law Group, P.C., can help you figure out what your next steps may be in your case. We can help you develop your case into the strongest possible version, gather the right kind of evidence that supports your claim, and make sure that nobody tries to take advantage of you throughout this process. Contact us to schedule a consultation with our law firm today.
Temecula Practice Areas
Practice Areas
ES