Sexual Harassment

Sexual Harassment

Sexual harassment is wrong, unlawful and has consequences by law. Both federal and state laws protect employees from becoming victims of sexual harassment. Many times, victims of sexual harassment in the workplace feel helpless because they do not know what to do or how to handle the situation. Please know you are not alone!

There are laws in place to protect you from sexual harassment and knowing this should give you a bit of courage to report it to a person of authority within the company, like Human Resources or a supervisor. It can feel very scary to report a sexual harassment claim to the higher ups in the company, but please know that employees are protected by law against retaliation. An employer is not allowed to retaliate against an employee for reporting wrongful conduct like sexual harassment.

Ally Law Group is here to make sure that your rights as an innocent employee are protected! Protecting you is our main priority and it is our duty to make sure your prior employer suffers the consequences of breaking the law and violating your rights. Everyone deserves to go to work and not have to worry about things like sexual harassment. For that reason, we fight a strong fight to protect you!

What Amounts to Sexual Harassment?

There are many different scenarios that may arise in the workplace that amount to sexual harassment. Here are some examples of possible sexual harassment at work:

• Someone touching you without your permission (ex: massaging your shoulders, tapping your butt, etc.);
• Offensive comments or jokes;
• Talking about sexual acts;
• Sending you messages that contain obscene or sexually graphic material;
• Someone blocking your ability to move (ex: pinning you up against the wall and blocking your ability to move);
• Offering job benefits or promotions in exchange for sexual favors;
• Threats made to you about your job, like your hourly rate or a demotion if you do not comply with the sexual acts they are requesting of you.

Remember, sexual harassment is against the law. Employees are protected on a federal level through Title VII of the Civil Rights Act of 1964. Employees are also protected in the state of California by the Fair Employment and Housing Act, (“FEHA”). Under both federal and state law, sexual harassment is a form of employment discrimination.

Although, both federal and state law protect employees from sexual harassment in the workplace, California laws protect employees from all employers. Unfortunately, federal law (Title VII) only protects employees from employers with 15 or more employees.

Sexual harassment comes at the hands of both men and women. Although women are more often the victim of sexual harassment, men are also victims of sexual harassment. It does not matter the sex of the harasser; they may attack the same or opposite sex. For example, a man may sexually harass another man or woman. Having said that, a woman may also harass another woman or man at work.

How Can I Prove I Was the Victim of Sexual Harassment at Work?

There are two ways to show that you have been a victim of sexual harassment at work. The first way is called “quid pro quo” and the second way is through a “hostile work environment.”

Quid Pro Quo

Quid pro quo is Latin and it means “a favor in return for something.” Basically, it means, I’ll do this for you, if you do this for me. When it comes to quid pro quo, usually someone working in the company is asking you to do them a sexual favor and in return they will help you with stuff like a promotion, pay increase, job advancement, job security etc. Quid pro quo sexual harassment in the workplace is very serious and not taken lightly. Sometimes, all it takes is one incident for the employer to be liable for sexual harassment.

Hostile Work Environment

Hostile work environment sexual harassment is offensive behavior or sexual remarks that are sufficiently severe or pervasive to create a hostile work environment. As stated above, sometimes all it takes is one act of sexual harassment for the employer to be held liable. Sexual harassment is not taken lightly and has serious consequences. Whether actions amount to creating a hostile work environment, the actions are viewed through an objective and subjective scope.

Objectively, we look at how a reasonable person in your shoes, being the victim, would view the behavior. A reasonable person must also view the conduct as offensive.

Subjectively, we look to you. Did you suffer some sort of emotional distress? There must be some emotional distress suffered on your part from the sexual harassment you endured. We must also show that this harassment interfered with your ability to do your job, your personal well-being, or caused you some sort of mental disturbance.

Do I Have a Sexual Harassment Employment Case?

To determine if you have a strong sexual harassment case, contact an employment lawyer and have them review your case. Ally Law Group offers you a free consultation to completely go over your case. This means that a member of our staff will sit with you, listen to your complete story of what happened and give you honest and truthful guidance on whether or not you have a shot at a successful case against your prior employer. Ally Law Group also offers a ZERO FEE GUARANTEE! This means you will not pay anything unless we win the case and this places all the risk on us. This puts the pressure on us to do the best we can to win your case!

Contact Ally Law Group Today!

We believe we are the best employment law firm in Orange County because we care for our clients. Our clients are an extension of our family and we strive to protect and fight for every penny our clients deserve. If you feel like you may have a case against your former employer for sexual harassment, contact us today for a free consultation!