Santa Monica Sexual Harassment Lawyer

Santa Monica Sexual Harassment Attorney

Every Santa Monica employee has the right to a work environment free of discrimination and sexual harassment. Sexual harassment is unacceptable but unfortunately common. It may come in the form of a hostile environment of lewd or offensive comments, or it may be a work superior requesting sexual favors in exchange for benefits at work. This is illegal, as well as humiliating and traumatic, but a Santa Monica sexual harassment lawyer can help you hold those who are responsible for this situation accountable.

If you have been a victim of workplace sexual harassment, you deserve to take legal action that provides you with the support you need. It can be much easier to deal with the overwhelming situation of filing a claim with the aid of an employment law attorney in Santa Monica.

At the Law Offices of Miguel S. Ramirez, we want to help you with the complaint- and claims-filing process. We know that it can be difficult to speak out about sexual harassment, and we want to support you by helping you gather the evidence and information you need for a more successful claim.

Understanding Sexual Harassment in the Workplace

Sexual harassment can be enacted toward anyone, regardless of their gender, age, or sexuality. Like other forms of emplyment discrimination in Santa Monica, employees have the right to workplaces free of sexual harassment under state and federal law. There are two main types of sexual harassment as defined by law. These include:

1. Quid Pro Quo Sexual Harassment: This form of harassment can only come from a manager, supervisor, employer, or other coworker who has power or influence over an employee’s employment. Harassment includes requests for sexual favors in implicit or explicit exchange for positive employment actions. It may also be an implicit or explicit threat of negative employment actions.
2. Hostile Work Environment: This form of harassment occurs when persistent or severe unwelcome harassment prevents an employee from doing their job. This harassment can be verbal, physical, or digital.

There are many types of behaviors that may be considered sexual harassment under these definitions. Examples may include:

• Sexual comments, jokes, gestures, innuendos, or insults
• Unwanted physical contact
• Displays of pornography
• Sexual propositions
• Threatening retaliation or sexual threats
• Sexual assault or battery

If you have experienced sexual harassment in your Santa Monica workplace, you should speak with an employment attorney. This behavior is unacceptable and a violation of your employee rights. Depending on the circumstances, you could file a civil claim for damages and press criminal charges. Your attorney can review your situation and determine the ideal next steps to give your claim its greatest chance of success.

How Does a Sexual Harassment Lawyer Help Me?

In Santa Monica, CA, filing a claim with state or federal agencies can feel like a big task, but it can be much easier with the support and guidance of an experienced attorney. Importantly, an attorney can help you protect yourself in case of retaliation. It is illegal for an employer to retaliate against you for taking action to protect your rights, but some employers may still demote, terminate, or otherwise penalize an employee.

When you have suffered sexual harassment in the workplace, you can file a complaint against the behavior and potentially be able to file a claim for compensation. Your employer is responsible for creating and maintaining policies that prevent sexual harassment. They must also address harassment in the workplace in a reasonable manner.

When an employer fails to do so, a claim can hold them legally responsible and help you recover damages. This compensation could cover lost income, the damage from emotional trauma and stress, and medical costs.

An attorney can help you document harassment in the workplace, protect your rights, and improve the likelihood of a successful claim.

FAQs About Santa Monica, CA Sexual Harassment Laws

What Are the Three Types of Harassment?

The main forms of sexual harassment include:

1. Quid pro quo sexual harassment. This occurs when an employer or employee with power over another employee’s job requests or requires sexual favors from an employee. This may be in exchange for a promotion or additional benefits, or it may be under the threat of termination or demotion.
2. Peer harassment. This involves a coworker who initiates an unwanted relationship and continues advances despite requests to stop. If the actions become severe or pervasive, it could be considered a hostile work environment.
3. Hostile work environment. This occurs when discriminating and harassing behaviors among coworkers are severe or continuous enough to prevent an employee from completing their work.

California law recognizes quid pro quo and hostile work environment harassment, and employees can file harassment claims under those types of harassment.

Can You Sue for Harassment in California?

There are many types of harassment, and they may be treated differently by the law. If you believe that you are facing unwanted and illegal sexual harassment, such as quid pro quo harassment or a hostile work environment, speak with an employment attorney. They can review the unique factors of your situation, determine if you have a claim, and help you through the next steps.

What Is Legally Considered Harassment in California?

Offensive and sexual conduct is considered sexual harassment, such as physical touching, actions, or words that are unwanted and make an employee feel unsafe. Unwanted comments about an employee’s appearance, sexual jokes and comments, or physical contact that creates what a reasonable person would consider sexual in nature are also harassment.

These actions are legally sexual harassment if:

• They are done by an employer or coworker with power over an employee’s job.
• They take place in a hostile environment where this conduct is severe or continuing.

How Do I File a Harassment Claim in California?

An employment sexual harassment claim can be filed with the federal Equal Employment Opportunity Commission (EEOC) or with the California Civil Rights Department (CRD), formerly the California Department of Fair Employment and Housing (DFEH). Depending on your situation, you may want to file with one or both agencies.

When you file a complaint with the agency, you must show evidence of harassment and your employer’s failure to address the harassment in a reasonable manner. If the agency approves the complaint, it sends you the right to sue your employer, or it will pursue legal action against your employer itself.