LEGAL AREAS
Sexual Harassment Lawyers
Employees have the right to be free of sexual harassment in the workplace. Sexual harassment can make employees feel uncomfortable and unsafe — it can also impose a serious mental burden, making them uncertain about their career future unless they accept the harassing behavior. Fortunately, the #metoo movement has fundamentally changed society’s perceptions around sexual harassment. Whereas before victims were often disbelieved, the #metoo movement has empowered victims — both in and out of the workplace — to come forward and assert their claims. There has never been a better time to seek justice for the sexual harassment that you’ve been put through. We encourage you to call us at 1-800-THE-LAW2 to get connected to an experienced sexual harassment attorney in our network today. Consultation is free and confidential.
What Qualifies As Sexual Harassment?
The U.S. Equal Employment Opportunity Commission (EEOC) has defined sexual harassment as unwelcome sexual behavior, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:
- submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment, or
- submission to or rejection of such conduct by an individual is used as a basis for employment decisions affecting such individual, or
- such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment.
Whether the conduct is “unwelcome” is critical to the consideration of sexual harassment. If the conduct was welcomed, then that may not necessarily qualify as sexual harassment. For example, if you agree to go on a date with your colleague, and you consent to kissing, then that would not be sexual harassment (unless there is some other unwelcome conduct involved). Sexual harassment includes (but is not limited to) the following behaviors:
- Giving unwanted sexual attention (i.e., touching, leering, or jokes)
- Pressuring or forcing an employee to have sex
- Exposing an employee to pornography against their wishes
- Retaliating against an employee for complaining about sexual harassment
- Firing or not promoting an employee due to pregnancy
- Subjecting an employee to sexually-derogative comments, epithets, slurs
- Delivering suggestive or obscene letters, notes, or invitations to an employee
- And more
For example, suppose that you are working late one evening, and your colleague sends you an email. You open the email, and it contains pornographic attachments. Further, your colleague makes it clear that they meant to send the email (with the related attachments). This has happened in the past, and you’ve made it known to your colleague that you were uninterested in seeing sexually graphic material, and that they should stop. Under these circumstances, you’d almost certainly have an actionable claim for sexual harassment. Significant damages may be owed.
Employees Are Protected Under The Law
Sexual harassment laws offer strong protection for employees. The Fair Employment and Housing Action (FEHA), expressly prohibits sexual harassment, while Title VII of the federal Civil Rights Act of 1964 makes discrimination on the basis of a person’s sex unlawful. Your attorney will cite specific examples of how your rights have been violated and recommend the best course of action for a claim. Victims may obtain compensation for losses suffered as a result of:
- Mental anguish
- Retaliation
- Loss of income
- Loss of reputation
- And more