Chula Vista Sexual Harassment Attorneys
Employers have a responsibility to protect their employees from certain dangers. These include sexual harassment. Unfortunately, sexual harassment still happens in workplaces today. This kind of harassment makes it difficult for the affected employees to do their jobs effectively. Those who experience sexual harassment in the workplace can be helped by a Chula Vista sexual harassment lawyer.
Why Choose Us?
At Jimenez Loayza, APC, we have a deep understanding of the depth and hardship that can come with sexual harassment. From the very beginning, we are committed to every case we take. Cases are not arbitrarily litigated by our firm. Rather, we collect evidence for a reason. We care for you and can rigorously fight for your rights.
When you hire our team to help you with your sexual harassment case, you can count on careful attention to detail and caring legal advice at every step of the way. We know how to deal with state and federal agencies on our client’s behalf and how to determine the damages our client is owed.
What Is Sexual Harassment at Work?
If someone makes unwanted sexual approaches, asks for sexual favors, or does anything else sexually related, it may be considered sexual harassment. This definition is rather broad, so there are several instances that fall under this category. Some examples include:
- A boss offers a promotion for an employee if they will perform sexual favors for them.
- An employee feels uncomfortable at work because their colleagues regularly tell sexual jokes.
- An employee sends sexually explicit texts to their coworkers.
- A coworker repeatedly hugs another employee from behind unwantedly.
There are two types of sexual harassment: quid pro quo and toxic work environment.
Quid Pro Quo Sexual Harassment
When an employee’s job status, like being hired, fired, or promoted, depends on them doing sexual favors for the boss, this is called “quid pro quo.” When a boss threatens to fire an employee who doesn’t give in to sexual approaches or when a boss says they will promote an employee in exchange for sexual favors, this is an example of quid pro quo sexual harassment.
Hostile Work Environment
When an employee’s work environment becomes scary, hostile, or offensive because of unwanted sexual behavior, and the behavior gets in the way of them doing their job, this is considered hostile work environment sexual harassment.
Another worker making unwanted sexual advances could be a sign of this, but it doesn’t have to be sexual approaches at all. Some examples of sexual harassment in a hostile work environment are making sexual jokes or comments that are offensive, talking about sex, or showing sexually explicit photos or drawings.
Men and women alike can be victims of sexual harassment. The harasser could be a man or a woman. You don’t have to be a different gender from the person who is harassing you. The person who is sexually assaulted doesn’t have to be the victim; anyone who is hurt by the assault could be the victim.
What Is Sexual Harassment of a Third Party?
Third-party sexual harassment is when someone from outside the company does the harassing instead of another employee. People who often harass in this way are clients, customers, vendors who come to the office or who come into contact with employees, independent contractors who are employed by the company, and employees or contractors of a separate company.
Third-party sexual harassment has to meet the normal criteria for sexual harassment, which means it has to be so bad or common that it makes the workplace toxic or abusive. It is the employer’s responsibility to keep the workplace free of sexual harassment. It doesn’t matter if the harassment comes from an employee or a third party; the boss is still responsible and needs to take reasonable steps to stop the harassing behavior.
Seeking Help for Sexual Harassment at Work
If the harasser was your boss or if your boss knew or should have known about the harassment and did not take proper, immediate action to stop it, your employer may be responsible for what the harasser did. In this case, you have a right to file a claim to seek damages. You could recover the following damages:
- Rehire
- Backpay
- Changes to the rules about hiring
- Compensation for mental distress
- The payment of reasonable legal fees and costs
- Punitive damages (in appropriate situations).
FAQs
Q: How Do I File a Claim for Harassment in California?
A: In San Diego, California, you must first register a complaint before you may bring a harassment claim. A “right to sue” letter, which permits you to bring a claim in court, may be requested following an investigation. You must prove that the harassment created a hostile work environment and was motivated by a protected trait, such as race or gender.
Q: Can a Manager Be Held Personally Liable for Harassment in California?
A: In California, managers and supervisors who directly commit acts of harassment may be held personally accountable. Even in cases when the employer is also liable, people are nonetheless held responsible for their own acts under the Fair Employment and Housing Act (FEHA). Managers are normally exempt from personal liability for other discriminatory actions, such as failing to stop harassment.
Q: When Might an Employer Not Be Found Liable in a Harassment Case?
A: If a boss knew about the harassment right away and took the right steps to stop it, they may not be responsible. Employers are also not responsible if the employee doesn’t report the abuse through the proper channels. Also, the harasser may not be responsible if the abuse was small, random, or not severe enough to make the workplace hostile.
Q: What Qualifies as a Harassment Charge in California?
A: In California, harassment is any unwanted behavior based on a protected trait like race, gender, or age that makes the workplace hostile, scary, or offensive. The behavior must be bad or common enough to make it hard for the person to do their job. Verbal and physical actions, like insults, threats, or touching someone without permission, can all be considered harassment.
Contact Jimenez Loayza, APC Today
If you have suffered sexual harassment in the workplace, you can take steps to ensure your rights are protected and strive for a better workplace environment. Jimenez Loayza, APC can help. Contact us today for more information.