Eisenberg Law Group
Sexual Harassment Lawyer Los Angeles
Sexual harassment laws are in place to safeguard employees against illegal sexual harassment. Sexual harassment includes sexually charged comments, sexual gestures and sexual advances. The sexual harassment laws on the books are also in place to protect employees against sexual harassment relating to gender including the victim’s preferred gender identity. Furthermore, the employer’s vendors, customers and other employees are barred from sexually harassing employees.
If you have been sexually harassed at work, reach out to our legal team for a no-obligation, no-cost confidential consultation. Our attorneys are here to ensure you can work in a completely healthy professional environment that does not include sexual harassment of any type. The sad truth is even moderate sexual harassment has the potential to cause significant psychological trauma and suffering that makes it difficult to remain in the current employment situation.
Our Los Angeles sexual harassment attorneys are here to spearhead your quest for justice against the sexual harasser. We will do everything in our power to return your life to normal, fortify your mental health, improve your well-being and prevent subsequent harm by the aggressor.
The Different Types of Sexual Harassment
There are two main types of sexual harassment, both of which are recognized by federal and state law.
Economic Quid Pro Quo: occurs when a worker is required to submit to a sexual action in order to obtain a job, retain a job or be provided with a positive performance review, raise or promotion.
Hostile Environment: is the second type of sexual harassment. This form of sexual harassment occurs when sexual conduct creates a hostile, intimidating or offensive environment. Furthermore, if the sexual conduct interferes with the worker’s performance on-the-job, it qualifies as a hostile environment.
The Definition of Harassment
California’s Supreme Court defines harassment in accordance with the definition provided in the Fair Employment and Housing Act. This is conduct that takes place outside of that required for the necessary performance of the job and conduct performed for personal gratification.
The Definition of Sexual Harassment
Sexual harassment consists of undesired sexual advances made toward the employee in question. Sexual harassment includes:
The Laws Pertaining to Sexual Harassment Claims
The Civil Rights Act of 1964 governs sexual harassment. Title VII of this Act pertains to businesses with 15 or more employees. California’s state law pertaining to sexual harassment is the California Fair Employment and Housing Act. This law provides extensive protections for California employees in the context of sexual harassment.
Employer Responsibility if a Supervisor Sexually Harasses an Employee
California’s Fair Employment and Housing Act states employers are liable for supervisor sexual harassment in the workplace. Federal law states the employer is liable in a vicarious manner for the supervisor’ sexual harassment in a situation where he or she has authority over the worker in question. Federal law states the employer is strictly liable for the workplace superior’s sexual harassment of the worker when harassment includes tangible employment action toward the worker. This means in both federal and state cases, an individual harassed by a supervisor can pursue legal action against the employer.
The Law’s Definition of a Supervisor
California law states supervisors are those who have the authority from their employer to directly hire, lay off, suspend, transfer, discipline, reward, assign or discharge employees. Federal law states supervisors are those who have the power to perform tangible employment actions toward employees, meaning they have the ability to hire, reassign, prevent promotion or make other decisions that spur a meaningful alterations in benefits provided to the employee.
Is There Solid Legal Footing for a Sexual Harassment Lawsuit if the Supervisor did not Harass?
Each unique case is reviewed in-depth by our Los Angeles sexual harassment attorneys. In most cases, there is solid legal footing for a sexual harassment lawsuit even if the supervisor did not directly perform the harassment. Federal law and California law state employers are negligent, meaning they failed to provide due care, when permitting a hostile work environment to exist.
Our legal team is here to hold such negligent employers accountable. If the employer was aware of the harassment yet failed to prevent it, that group can be held legally accountable. Furthermore, if the employer should have been aware of the harassment yet did not stop it, it is possible to win a sexual harassment lawsuit against the employer
What About Those who Engage in a Sexual Relationship With a Supervisor in Order to Remain Employed?
If you feel as though you had to submit to a sexual relationship with your employer/supervisor to retain your job or job benefits, our legal team will bring a sexual harassment claim on your behalf. However, the employer/supervisor’s sexual acts must have been unwelcome and you must have felt the obligation to engage in such a relationship in order to secure your job or job benefits.
Employer Responsibilities to Prevent Sexual Harassment in the Workplace
In order to prevent sexual harassment at work, employer policies must define sexual harassment, identify the individual employees must contact if sexually harassed and ensure the harassing individuals do not handle the complaints of sexual harassment. Furthermore, the employer must detail the disciplinary measures the company will use in such sexual harassment cases.
The employer is also required to keep the complaint confidential to the greatest possible extent. In fact, the employer is also required to clearly state retaliation is not tolerated. Such information pertaining to sexual harassment in the workplace must be provided to every employee on his or her initial day of work.
How to Proceed if You Have Been Sexually Harassed at Work
This is not a battle you can fight alone. Report the sexual harassment to the individual responsible for handling such complaints as identified by your employer. Reporting the sexual harassment to other employees will not suffice. Reach out to our Los Angeles sexual harassment attorneys so we can closely examine your company’s procedures for sexual harassment complaints.
We will guide you through the legal process with the goal of obtaining justice on your behalf in the form of damages for past/future medical/psychiatric expenses, lost wages, emotional pain and punitive damages. You can contact tour sexual harassment attorneys in Los Angeles today by dialing 818-591-8058 or emailing Office@gcelaw.com.