Granite Bay Sexual Harassment Lawyer

Granite Bay Sexual Harassment Attorney

Employees should be able to go to work and trust that their employers and supervisors will not take advantage of their position by making unwanted sexual advances at their employees. They should also feel safe working alongside co-workers in an environment that does not allow sexual harassment or discrimination. When one of these illegal acts does occur, victims are encouraged to turn to a Granite Bay sexual harassment lawyer who can help them file their sexual harassment claim.

Sexual harassment is one way in which sexual misconduct occurs in the workplace. It is an infringement on a person’s dignity and personal rights. Whether these behaviors involve unwelcome sexual advances or derogatory and discriminatory statements about someone or a group of people, they all constitute sexual harassment. Not only are they hurtful and degrading, but, over time, they can significantly harm their target.

The Fulton Law Corporation has more than 23 years of experience representing countless successful employment law cases. We are accomplished negotiators, aggressive litigators, and, most importantly, good listeners. We care what our clients have to say so we can help them build their claims.

Types of Sexual Harassment

Sexual harassment is a broad category of many different types of behaviors that are either related to sexual orientation and gender or are sexual in nature. Unwarranted sexual words or actions, such as sexual physical touching without consent, sexual advances, and sexist jokes, are all inappropriate and should be reported. Below are some specific instances in which sexual harassment can occur in the workplace.

• Exposure to Illicit Material: Whether it be a print publication, an image in an email, a video posted online, or even an internet meme with sexual undertones, it is inappropriate in the workplace.
• Verbal Harassment: This type of sexual harassment can come in the form of sexual comments, lewd remarks, or even jokes about coworkers regarding their sexuality or any other facet of their character. Employees should not have conversations about their sex lives at work. Furthermore, they should not comment on or ask about other people’s sexuality. An employee should feel safe going to work, knowing that no one is going to value them as a sex object over being an employee.
• Nonverbal Sexual Harassment: Someone does not have to speak to another person to harass them. For instance, sexually charged nonverbal communication that suggests sexual activity, such as staring, winking, making obscene gestures, or any other sexually related acts, are unacceptable behaviors for the workplace. These kinds of interactions make a victim, as well as other coworkers, feel extremely uncomfortable in doing their job, as it creates a hostile work environment.
• Quid Pro Quo: Quid pro quo harassment involves an employer in a supervisory or managerial role offering an employee a raise or a promotion in exchange for a sexual favor. In addition, if an employer threatens to fire an employee if they do not perform a sexual favor, this is also an example of quid pro quo sexual harassment, which means “something for something” in Latin.
• Defamation of Character: When someone spreads lies about someone or starts rumors amid office gossip, a sexual harassment claim can be filed. These kinds of negative rumors can cause mental harm to the victim that doesn’t end when they clock out for the day. Furthermore, they can thwart an employee’s future attempts at promotion or a pay increase, and they can even follow someone to another company.

Retaliation

It is prohibited by law for any employer to inflict punishment or further abuse onto a worker who has made a report of sexual discrimination or sexual harassment in their Granite Bay workplace. Anyone who feels that they have been a victim of retaliation in the workplace should contact a harassment attorney to discuss their options.

Furthermore, an employer cannot fire an employee for reporting harassment against a coworker or superior. Unfortunately, this happens more often than not. When it does, the employee may be able to file a wrongful termination claim against their employer. Through this claim, they can seek compensation for defamation of character, along with any loss of work or inability to find adequate employment.

Workplace Sexual Harassment FAQs

Q: What Qualifies as a Harassment Charge in California?

A: A harassment claim can be filed by any employee, staff, or worker against anyone who acts or behaves in a way that makes the worker feel uncomfortable in the workplace. This can include:

• Someone physically touching someone without their permission
• A co-worker making a lewd gesture
• A boss speaking to a worker with words that have sexual undertones

Sexual harassment claims are filed in civil court. However, criminal harassment charges, which are different, must be filed in civil court.

Q: What Is the Sexual Misconduct Law in California?

A: Many California state laws have been passed to address sex crimes. Sexual misconduct, as it applies to the workplace and employment law, is also illegal, but these cases are mostly civil matters. While there’s no specific sexual misconduct law in California, sexual discrimination, sexual harassment, and sexual assault are all illegal, whether they fall under criminal or civil jurisdiction.

Q: Can You Press Charges for Harassment in California?

A: To file a claim for sexual harassment at the workplace, you must submit a complaint with the California Civil Rights Department (CRD). If a coworker or employer makes criminal threats of violent or physical injury, the victim may choose to also file criminal charges against their harasser, which could result in jail time for the perpetrator if they are convicted. Additionally, law enforcement or a judge may also decide to file criminal charges against a sexual harasser.

Q: What Are the Three Types of Harassment?

A: Three types of sexual harassment are:

1. Sexual Harassment: This consists of unwanted sexual behaviors or acts of indecency.
2. Psychological Harassment: This includes bullying, belittling, verbal or non-verbal communication, spreading rumors, or excluding someone.
3. Physical Harassment: This involves threats of violence or physically attacking someone, destroying property, throwing objects, etc.

Other, more specific, types of harassment include:

• Quid Pro Quo: This includes offering a promotion for sex and avoiding a negative action for sex.
• Discrimination: This consists of inappropriate acts based on sexual orientation or gender.

Seeking Legal Counsel From a Granite Bay Sexual Harassment Lawyer

Don’t wait too long to seek advice from our qualified employment attorneys regarding your case. We can provide you with the help you need to work in a safe environment. If you decide that it is in your interest after discussing your legal options with a member of our reputable team, the Fulton Law Corporation is prepared to take on your case. Contact us today to learn more.