Los Angeles SEXUAL HARASSMENT LAWYER
If you are dealing with any form of sexual harassment in the workplace, seriously consider meeting with an attorney to discuss your legal options. A lawyer may be able to help you file a state or federal complaint to hold your employer and the harasser accountable and potentially recover compensation and other remedies for the damages caused by the harassment.
The licensed Los Angeles sexual harassment lawyers at the Garcia & Phan understand how difficult it is to handle this form of harassment. The ongoing emotional toll makes it so much tougher to do your job. We are prepared to aggressively pursue the justice and compensation you deserve, which could include back pay, reinstatement to your previous position and compensation for emotional damages.
Your consultation with our attorneys is completely free and you will not be charged legal fees unless you receive compensation at the end of the legal process.
WHAT IS WORKPLACE SEXUAL HARASSMENT?
Workplace sexual harassment is defined in Title VII of the Civil Rights Act of 1964 and California’s Fair Employment and Housing Act (FEHA).
The Title VII definition of sexual harassment includes unwelcome sexual advances, requests for sexual favors, and verbal or physical conduct of a sexual nature, if this conduct:
- Explicitly or implicitly affects your employment
- Causes an unreasonable interference with your work performance
- Creates an intimidating, hostile or offensive work environment
FEHA has a similar definition for sexual harassment in the workplace. It also prohibits any form of visual sexual harassment.
Both Title VII and FEHA state that an employer can be held liable for harassment even if the conduct has not been directed at the person who claims to have been harassed. Title VII states that the victim does not have to be the opposite sex of the perpetrator for the behavior to be considered harassment. FEHA says that the sex, gender, gender identity, gender expression or sexual orientation does not matter.
Title VII says that the perpetrator can be the victim’s supervisor, agent of the employer, supervisor in another area, co-worker or a third party. Harassment can occur even if the victim does not suffer an economic injury or lose his or her job.
If you think you have been a victim of sexual harassment, contact an attorney today for a free legal consultation. A Los Angeles sexual harassment lawyer may be able to obtain compensation for you.
TYPES OF SEXUAL HARASSMENT
There are two main types of workplace sexual harassment:
- Quid pro quo – This occurs when someone, often a supervisor, requests sexual favours in exchange for being hired or promoted. In other words, sexual favours are requested as a condition of employment or advancement at the company. The request for this arrangement can be either express or implied. Sexual favours could include physical acts or submitting to verbal or visual harassment. The harassment does not even have to be sexual in nature; someone could simply make offensive remarks about your sex.
- Hostile work environment – This type of harassment occurs when you are subjected to unwelcome sexual comments or conduct that is so bad it creates an intimidating, hostile or offensive work environment. Harassment can only rise to that level if it is frequent and severe. California law says that the harassment must be so severe or pervasive that it alters the conditions of your employment. In some cases, a single act can create a hostile work environment.
It can be difficult to prove either of these forms of harassment, a reason to work with an experienced sexual harassment lawyer in Los Angeles. We are experienced lawyers with specific experience in sexual harassment cases.
EXAMPLES OF SEXUAL HARASSMENT AT WORK
Our Los Angeles sexual harassment attorneys handle cases involving many different types of physical or verbal conduct that fit the definition of sexual harassment under federal or state law. Some examples of workplace sexual harassment include:
- Flirting with or hitting on a co-worker after he or she asked you to stop
- Asking a co-worker out after being turned down
- Sending emails, notes, videos or letters of a sexual nature
- Making unwelcome comments about someone’s physical appearance
- Making unwelcome sexual jokes
- Touching oneself in a sexual manner around a co-worker
- Brushing up against a co-worker
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