Burbank Sexual Harassment Lawyer

Burbank Sexual Harassment Attorney

The Law Offices of Miguel S. Ramirez knows the negative effect sexual harassment can have on your work life and mental health. Nobody should have to suffer through unwanted sexual advances, inappropriate comments, or a hostile work environment. If someone sexually harassed you at your job, we can take steps together to fight back. Let our Burbank sexual harassment lawyer help you.

Understanding Sexual Harassment in California

In California, it is illegal to make unwelcome sexual advances toward another person or request sexual favors from them in the workplace. Additionally, people cannot engage in other forms of offensive sexual behavior, especially if such actions create an atmosphere that qualifies as hostile.

The Fair Employment and Housing Act (FEHA) can protect employees from punishment if they speak out about these types of illegal actions. To take advantage of these resources, you must report the behavior taking place or help investigate the incident.

Acts of harassment can take many forms and significantly impede victims’ ability to perform their duties at the workplace. Various forms of sexual harassment can present themselves differently.

Quid Pro Quo

This act takes place when either your supervisor or coworker makes an advance toward you and demands sex as a condition under which you would gain a benefit or avoid a negative punishment. For instance:

• Making employment contingent upon giving in to sexual demands.
• Threatening demotion, termination, or creating a hostile environment unless one agrees to have sex.
• Offering preferential treatment or benefits in exchange for sexual favors.

Hostile Work Environments

Hostile work environments can stem from employees or employers initiating sexual-related acts that offend people and interfere with people’s ability to do their work. Such acts can include undesired sexual advances or proposals, whether spoken or acted upon physically, or inappropriate touching or groping, like rubbing or hugging tightly against someone’s will.

These acts also can involve telling dirty jokes to someone who does not appreciate them, sending unwelcome emails containing sexual material through company servers, threatening somebody’s reputation or job security unless they agree to do something sexually for you, or putting up sexually suggestive pictures anywhere within office premises, including those displayed on computers or other electronic devices used for official duties.

It is essential to remember sexual harassment can happen to anyone by anyone, regardless of their gender identity, sexual preferences, or position or reputation in an organization. All workers have protection under the law, and what matters most is no one should have to undergo these acts.

Fighting Against Sexual Harassment

Even a single act of sexual harassment is against the law. You should treat sexual harassment like any other serious offense, even if it happens only once. If something happens to you, you can and should report sexual harassment.

The consequences after an incident can vary depending on various aspects, such as how often the conduct occurred, who instigated it, or the impact it left on the victim. In some cases, something like being touched forcefully can constitute assault. Still, derogatory comments or jokes qualify as sexual harassment and can result in significant penalties. Our Burbank sexual harassment attorney can help you by:

• Assessing your situation. We can carefully listen to what happened and help determine whether it constitutes a legally recognizable claim for sexual harassment under California law.
• Collecting evidence: Our team can help gather the necessary evidence, such as emails, text messages, witness statements, or any documented record of your internal complaint.
• Bargaining with your employer: We can settle this matter through negotiation, thereby ensuring justifiable compensation, a formal apology, and a change of setting, among other things. Our goal is to protect you and curb future occurrences of harassment.
• Litigation: If necessary, we can go to court to enforce rights against your negligent employer. When employers fail in their duties toward employees’ welfare, resulting in sexual harassment at the workplace, it is vital to seek justice.
• Protecting your privacy: We know that claims concerning inappropriate behavior are very confidential, so we will maintain confidentiality while handling your case, including during investigations, hearings, and afterward.

FAQs

Q: What Is the Anti-Harassment Law in California?

A: The anti-harassment law in California, in part, states it is unlawful for an employer or colleague to harass or discriminate against any person because of that person’s sex. This law covers requests for sexual favors, unwanted sexual advances, and other physical or verbal conduct of a sexual nature.

Workplace sexual harassment can take many forms, such as unwelcome sexual propositions, grabbing or fondling, joking or talking about sex, putting up pornographic pictures at work, and sending someone sexual emails or texts after they have asked you not to do so.

Q: What Are Three Reasons Why People May Be Reluctant to Report Harassment?

A: Three reasons why people may be reluctant to report harassment are fear of retaliation, shame or embarrassment, or lack of knowledge about their rights.

First, some employees may fear losing their jobs or being mistreated by management if they report sexual harassment. Other victims often feel humiliated and may be reluctant to come forward because they fear what others will think about them. Lastly, many individuals do not realize their protections under California law or how to enforce them by filing complaints with the appropriate authorities.

Q: What Is Quid Pro Quo Harassment in California?

A: Quid pro quo harassment is a specific type of unlawful discrimination where employers or supervisors condition employment benefits based on potential submission to unwelcome sexual conduct. For example, a supervisor may offer a promotion, pay raise, good performance review, or continued employment in exchange for sexual favors.

Other examples are a manager threatening to demote or fire an employee if they refuse sexual advances or promising better treatment or benefits on the condition they have sex with them.

Q: How Long Do You Have to File a Harassment Suit in California?

A: The statute of limitations for filing a sexual harassment lawsuit in California can feel like it is not long from when the alleged incident occurred. However, there are exceptions to this rule that might extend its time frame, thereby giving more chances for someone to bring forward their claim.