You may have started a new job, earned a promotion, or simply been focused on doing your work. Then a supervisor starts making inappropriate comments, keeps asking you out even after you’ve said no, or hints that your career could be affected by how you respond to their advances. This can quickly become a serious problem in the workplace.
If this is happening to you in California, you may be unsure whether the behavior is just inappropriate or actually illegal. If you believe you’re being subjected to sexual harassment, our team of attorneys at Employment Rights Lawyers, APC, can help you understand your rights and legal options.
What is Sexual Harassment?
Sexual harassment is a form of unlawful workplace misconduct that involves unwelcome sexual advances, requests for sexual favors, or other verbal, visual, or physical conduct of a sexual nature. Under California law, sexual harassment may occur when the conduct becomes a condition of employment or creates an intimidating, hostile, or offensive work environment.
Sexual harassment generally falls into two categories. The first is quid pro quo harassment, where employment benefits are conditioned on sexual favors. The second is hostile work environment harassment, where repeated unwanted conduct by supervisors, managers, or coworkers creates an abusive workplace atmosphere.
If you were subjected to sexual harassment, you may be entitled to:
- Lost wages and benefits resulting from the harassment
- Compensation for emotional distress
- Reinstatement if you were wrongfully terminated
- Recovery of certain out-of-pocket losses
- Damages related to retaliation for reporting harassment
- Attorneys’ fees and litigation costs in certain circumstances
- Other remedies available under California employment law
You May Have a Valid Sexual Harassment Case If:
You Were Pressured to Provide Sexual Favors to Keep Your Job
A supervisor, manager, or other person with authority may have suggested that your employment, promotion, raise, or favorable assignment depended on accepting sexual advances. This type of conduct may constitute quid pro quo sexual harassment.
You Were Subjected to a Hostile Work Environment
Sexual jokes, inappropriate comments, offensive images, unwanted touching, or repeated sexual remarks can create a hostile work environment. When the conduct becomes severe or pervasive enough to interfere with your ability to work, it may violate California law.
You Were Harassed by a Supervisor
California employers are generally strictly liable for sexual harassment committed by supervisors. If someone with authority over your employment engaged in unlawful sexual conduct, your employer may be legally responsible for the harm you suffered.
You Reported Harassment, and Your Employer Failed to Act
When an employer learns about workplace sexual harassment, it has a duty to investigate and take reasonable steps to stop the misconduct. If you reported harassment and the behavior continued because your employer failed to respond appropriately, you may have a valid claim.
You Were Harassed by a Coworker, and Your Employer Ignored It
Employers may also be liable for harassment committed by coworkers when they knew or should have known about the conduct and failed to take corrective action. Reporting the behavior often creates an obligation for the employer to investigate.
You Experienced Retaliation After Reporting Harassment
Many employees fear speaking up because they worry about consequences. If you were demoted, reassigned, denied opportunities, subjected to harsher treatment, or terminated after reporting sexual harassment, you may have both a harassment claim and a retaliation claim.
Contact Us for a Free (and Confidential) Consultation
Sexual harassment can affect your career, financial security, and emotional well-being. If you believe you have been subjected to sexual harassment in Los Angeles or elsewhere in California, our attorneys at Employment Rights Lawyers, APC, can evaluate your situation and explain your legal options.
Not every unpleasant workplace interaction rises to the level of unlawful harassment, but you should not assume your experience is something you simply have to tolerate. Contact Employment Rights Lawyers, APC, for a free and confidential consultation to discuss whether you may have a sexual harassment claim.
