Napa Sexual Harassment Lawyer

Napa Sexual Harassment Attorney

Facing sexual harassment can be frightening. However, sexual harassment is not only unethical, but it is illegal. Employees are protected from facing this form of harassment in the workplace. Unfortunately, even though it is illegal, it still happens. When it does, a victim can seek the help of a Napa sexual harassment lawyer to pursue justice.

At the Fulton Law Corporation, we value all our clients. Each case has its own unique set of circumstances. We can look at your case with great care and sensitivity. We can fight for your rights and seek justice if you have been sexually harassed in the workplace. We can handle the legal side, so you do not have to navigate the legal system alone.

What is Sexual Harassment?

In California, quid pro quo and hostile work environment are the two classifications of harassment. Quid pro quo harassment means something is being demanded or requested in exchange for something else. In the case of sexual harassment, this could be an employer asking or demanding a sexual favor from an employee in exchange for a raise.

This could also work in the negative, such as threatening to terminate or demote an employee if they do not comply with the same favor. This could be stated directly, or it can be implied.

A hostile work environment can happen among any individuals in the workplace. Quid pro quo generally happens in work relationships where one has more professional power over another and therefore having the ability to promote or terminate. This can create a hostile work environment between those who are in equal professional spaces.

In a hostile work environment, unwelcome conduct based on sex is present in the workplace and causes the environment to be hostile. The behavior must be hostile enough that the average reasonable person would consider the conduct to be offensive or hostile. This could include telling offensive jokes, sharing inappropriate photos, or making sexist remarks. The behavior must be based on sex/gender. The behavior does not necessarily have to be sexual in nature.

Examples of Sexual Harassment

Sexual harassment in Napa, California, can occur in several ways. Some examples of quid pro quo sexual harassment include:

• Requiring a date as a prerequisite to a promotion
• Demanding physical intimacy in exchange for job perks like a bonus or free work trips
• Demoting an employee for rejecting sexual advances
• Indirectly treating an employee worse after they deny a request for sexual favors, such as changing their work schedule or giving them less favorable or unnecessary tasks
• A boss giving favorable treatment to workers who accept his sexual advances

Hostile work environment harassment can cover many behaviors. Some examples of this include:

• Making offensive remarks about a person’s gender
• Verbalizing rude generalizations about an individual’s sexual orientation
• Asking questions about an individual’s sex life
• Sending inappropriate messages through email or text
• Touching or groping an employee, especially after being asked to stop
• Making inappropriate remarks about a person’s appearance
• Constantly asking a coworker on a date, even after being told no

Effects of Sexual Harassment

When a victim files a claim and reports sexual harassment, they can file for damages they suffered because of the harassment. This includes lost wages, especially if they were terminated, reimbursement for lost benefits, and emotional distress. This is because sexual harassment goes beyond the behavior itself. It is rarely harmless and has lasting effects on the victim.

Among the most damaging effects of sexual harassment is the termination of employment. It happens when a person refuses to yield to an offensive request from a coworker or manager and is dismissed. In most cases, employers will cover up the exact reason for firing as poor performance or behavior, but the root cause is harassment.

Resisted harassment will typically attract other workplace punishments, including rejection of promotions, salary increases, or benefits. Such losses reach across the board, including pension payments, bonuses, and profit-sharing schemes, to inflict cumulative economic harm.

To avoid the harassment and its consequences altogether, some businesses may transfer the victim to a different role or department, which sometimes results in a decrease in pay or professional opportunities.

FAQs

Q: What Is the Harassment Policy in California?

A: California bans harassment in the workplace based on protected characteristics like sex, race, religion, age, disability, or sexual orientation. Employers should take sensible precautions against harassment, including training supervisors and implementing anti-harassment policies. Harassment is criminal when it creates a hostile working environment or makes quid pro quo demands. Employers and employees alike are responsible for violations.

Q: What Qualifies as a Harassment Charge in California?

A: California harassment means unwanted behavior based on protected traits that are severe or widespread enough to make a place scary, hostile, or off-putting. This could include sexual contact, physical or visual acts, racial insults, or demeaning statements. Quid pro quo harassment, in which workplace benefits are tied to submission to sexual demands, falls under this category, too. The behavior needs to transcend small irritations to be considered hostile.

Q: How Do I Prove Harassment in California?

A: If you’re trying to prove harassment, gather emails, messages, or witness testimony that indicate inappropriate behavior. Keep a log of the event, including dates, times, and details about what happened. Indicate that the behavior was motivated by a protected trait and that it was severe or persistent enough to disrupt work performance. Reporting the concern to HR or a manager can help create a paper trail of the incident.

Q: Can I Be Fired for Reporting Sexual Harassment in California?

A: In California, you cannot be fired for reporting sexual harassment. An employer can face legal consequences for firing an employee for filing such claims. This is considered retaliation, which is illegal. If you were fired, demoted, or otherwise mistreated for reporting sexual harassment, you may be able to file additional claims to your case.

Napa Sexual Harassment Lawyer

If you have been sexually harassed, we know the process of seeking justice may seem overwhelming. Fulton Law Corporation can help. Contact us today to get started.