Sexual Harassment – Hostile Work Environment
No employee should come to work thinking she might be targeted with sexually explicit comments. No employee should be shown sexually graphic images or text messages at work. Nor should any employee be the subject of inappropriate gossip about sexual relationships with co-workers. A workplace free of harassment is a basic right guaranteed to employees. Yet sexual harassment remains prevalent in companies located in California. According to a 2020 report by the California Department of Fair Employment and Housing, nearly 50% of cases that were filed with the Department included allegations of mistreatment on the basis of sex, including sexual harassment. Yash Law Group is an aggressive Brea law firm that can help victims of sexual harassment obtain justice against their harassers and employers. Contact our employment lawyer today and learn more about your legal options.Law Group Represents Employees in a Hostile Work Environment Who Are Wrongfully Terminated
People who are victimized with sexual harassment, whether by a boss, supervisor, or co-worker, may feel helpless. They may not know what, if any, options are available to them. And commonly, they do not know whether the mistreatment that they have experienced at work is considered "sexual harassment."
It is true that not every incident of inappropriate comment or lewd remark will give rise to a sexual harassment claim. Claims of sexual harassment must meet certain legal requirements that are set forth in state and federals laws and regulations, including the California Fair Employment and Housing Act. An experienced employment lawyer can help evaluate whether the misconduct will satisfy each legal element and can help evaluate the supporting evidence.
One type of sexual harassment is based on an employer creating a work environment for an employee that is hostile, intimidating, offensive, oppressive, or abusive. Sexual harassment claims are not limited to employees. Interns, volunteers, and job applicants can also bring a claim for hostile work environment.
To be sexual harassment, the harassing conduct against the employee must be severe or pervasive. Severe and pervasive conduct can mean that the sexual harassment was ongoing for a long period of time. For example, an employee working for a company in Anaheim, California may have experienced a combination of inappropriate sexual advances from a supervisor and been touched inappropriately by a co-worker. Such factors, along with whether another reasonable person would have felt harassed, would help determine whether the harassing conduct was severe or pervasive. It is also possible that even a single act or incident, if bad enough, can create a hostile work environment and allow the employee to bring a civil lawsuit for sexual harassment.
Sexually harassing an employee is prohibited whether it is done by a supervisor or a co-worker. The law does treat harassment by a supervisor and by a co-worker differently, however. The employer can be held responsible for the harassing conduct of a co-worker if the misconduct was known or should have known by the employer. There is not a similar burden where the harassment is committed by a supervisor. The labor attorney at Yash Law Group conducts thorough investigations to find and prosecute all responsible parties.Employment Law Litigator Fights Sexual Harassment Cases Throughout California
When an employee experiences sexual harassment and is then fired, the employee might feel dejected. The employee's rights and options do not end when the employment ends, however. Attorney Yashdeep "Jesse" Singh has effectively and zealously assisted employees resolve disputes with employers based on sexual harassment in state and federal courts, in arbitration, and with administrative agencies.
One option for victims of sexual harassment is to file a lawsuit in California Superior Court and seek money damages, including back pay and damages for emotional and mental suffering. The employee may also seek recovery by filing complaints with the California Department of Fair Employment and Housing (DFEH) or the US Equal Employment Opportunity Commission (EEOC).
Before deciding whether to pursue any claims against an employer, it is important to know what claims and what forum to bring the claims. Not all claims can be brought in any court or brought in arbitration. For example, sexual harassment claims under the Fair and Employment Housing Act (FEHA) are to be brought in California Superior Court after submitting an administrative complaint with the DFEH. But the employee might be prevented from filing a lawsuit for sexual harassment in any court if there is a valid employment arbitration agreement with the employer. In arbitration agreements, the employee and employer agree to pursue any claims relating to the employment in a private forum, called arbitration. The employee waives, or gives up, his or her right to bring the case in court. Whether in arbitration or in civil court, the employee can still seek recovery for sexual harassment.
If you have experienced a hostile work environment at your workplace, use your voice to standup against the harassment. The Los Angeles lawyer at Yash Law Group can help explore your options and pursue your case in court or in arbitration. Contact us to set up a free consultation.