Sexual Harassment
Sexual Harassment in The Workplace
Everyone has the right to work in an environment free of sexual harassment. If you have ever been sexually harassed at work, you may seek the advice of a San Francisco harassment attorney. A sexual harassment lawyer can help you report the incident in an appropriate manner, as well as represent you in any potential legal proceedings that arise as a result of the harassment.
Unfortunately, in today’s workplace sexual harassment is not uncommon. Sexual harassment in San Francisco is a type of sexual discrimination that violates state and federal law. Sexual harassment can include requests for sexual favors, unwelcome sexual advances, and other types of verbal or physical conduct of a sexual nature. These requests, advances or other conduct can be considered sexual harassment when they interfere with a person’s work performance, they create a hostile work environment, or they affect a person’s employment.
There can be a lot of misperceptions about sexual harassment. One is that the victim is always female and that it’s always a male boss who is the harasser. Victims can be male or female, and the harasser can be of the same sex or opposite sex as the victim. The harasser doesn’t have to be the victim’s boss. Instead, the harasser can be a boss, a co-worker, or even a non-employee. Another common misperception is that the only victim of sexual harassment is the person being harassed. That is not true – anyone affected by the conduct can be considered a victim.
According To The Law
Under the law, sexual harassment comes in two distinct forms: Quid pro quo and hostile work environment. Quid pro quo sexual harassment is when the employee is required to submit to an unwanted sexual relationship in return for benefits such as promotion, a better office, better work assignments or increased pay. If the employee does not agree to the sexual contact, he or she may face demotion, termination and undesirable work assignments. Hostile work environment cases involve an employee being subjected to unwelcome jokes, touching, pictures or teasing that interferes with his or her ability to do the job. An employer that permits this type of behavior may be the target of a sexual harassment claim.
Sexual harassment comes in many disturbing manifestations, including:
- physical abuse (e.g., unwanted touching, sexual assault, interference with normal work or movement).
- verbal abuse (e.g., obscene language, sexually demeaning comments, slurs, threats).
- inappropriate use of visual images (e.g., offensive internet sites, posters, objects, cartoons, drawings).
- unwanted sexual advances.
Steps To Take If Being Harassed
If a person is being sexually harassed in San Francisco, Oakland, Tracy or Fairfield, the victim should inform the harasser directly that the conduct must stop and is not welcome. The harassment may stop, but if not the sexual harassment victim should use whatever system is in place at his or her company for reporting sexual harassment incidents.
In some cases, the victim doesn’t feel comfortable filing a complaint and/or telling the harasser to stop. In other cases, the victim has told the harasser to stop and has filed a formal grievance but nothing has changed. In those situations, the victim should consult a San Francisco sexual harassment attorney. The sexual harassment lawyer can take steps to make the harassment stop and to help the victim obtain compensation for his or her emotional distress and lost wages.
In many cases, the best way to stop sexual harassment in the workplace is prevention. Employers must take steps to keep sexual harassment from occurring, such as communicating to employees that it isn’t tolerated. Employers should also put in place a grievance system and take immediate action when an employee complains.
If You Continue Being Harassed Contact Oakland Harassment Attorneys
If you have been sexually harassed and you can’t make the harassment stop, it’s time to call an experienced sexual harassment attorney. You do not have to endure an oppressive or hostile work environment. Contact Liberty Law to report sexual abuse or harassment at work.
Liberty Law has handled numerous cases in both categories. We have also been involved in broader matters, including:
- Retaliating against an employee who filed a sexual harassment claim
- Malicious prosecution in which an employee falsely charges sexual harassment
If your employer has penalized you, made benefits of your job conditioned on acceptance of sexual advances, or created a hostile work environment due to your gender, you may be entitled to damages. Under the law, a work environment becomes hostile when you are subjected to unwanted harassing conduct so severe, widespread or persistent that a reasonable person would consider it hostile or abusive.
At Liberty Law, Micha Star Liberty and her team believe that everyone should have the right to work without fear of sexual harassment. If you have been sexually harassed at work in the San Francisco area, contact Micha Star Liberty, Oakland sexual harassment attorney, at 415-896-1000. She will work hard on your case. You may be entitled to compensation for lost wages and more. Call today.