Experienced San Diego Sexual Harassment Lawyers
What is Sexual Harassment?
Sexual harassment is often broadly referred to as an unwanted sexual advance or comments that make someone feel uncomfortable, unsafe or threatened. It is a type of discrimination based on sex, gender, gender identity, gender expression or sexual orientation. Sexual harassment is not based on sexual desire and can occur independent of gender, sexual orientation or gender identity.
California classifies sexual harassment into two forms:
Quid Pro Quo: When a job, promotion, advance, or some type of benefit related to work is conditioned on the provision of a sexual act.
Hostile Work Environment: When unwelcome comments or actions regarding sex or appearance interfere with your performance at work or create an environment that is offensive, hostile and intimidating, even if such conduct is not specifically directed at you.
Please call our San Diego sexual harassment lawyer today at 858.800.4235 for a FREE no-obligation consultation if you’re a victim of sexual harassment.
What Makes Sexual Harassment Unlawful?
In order for the harassment to be deemed unlawful, it must be severe enough to create an uncomfortable or abusive work environment. It only takes one act or episode of sexual harassment of that nature for it to be unlawful.
What Are Some Examples Of Sexual Harassment?
- Sexual assault
- Sexual touching
- Sexual propositions
- Sexual advances, physically and/or verbally
- Bullying based on gender or sexual orientation
- Offering a job or promotion in exchange for a sexual act
- Offering a work benefit in exchange for a sexual act
- Displaying sexually explicit objects, pictures or videos
- Using language that is offensive or sexual in nature and/or use of sexually degrading words
- Commenting on a person’s appearance based on gender
Who Is Liable For Sexual Harassment?
All employers, including their supervisors and agents, are liable for sexual harassment. An employer has a duty to take reasonable steps to prevent harassment. In some instances, employers may even be liable for harassment conducted by a non-employee of an employer, for example, an applicant or person offering services for the employer. In such cases, the employer is only liable if he knew or should have known about the harassment and failed to rectify the problem.
Every employer has a duty to take active and reasonable steps to prevent sexual harassment and promptly correct any harassing behavior in the workplace.
Steps To Take If You Are A Victim Of Sexual Harassment
If possible, the first step is to tell the person harassing you to stop the behavior. If that effort is futile, draft a written complaint directed to the harasser explaining that the behavior is abusive and offensive informing them that you will file a complaint if the behavior continues. If that still does not stop the behavior, file a formal complaint with your employer. Unless it is your supervisor who harasses you, you are often able to file a complaint with the supervisor or human resources representative.
Step 1: Maintain Written Documentation
- Ensure that you keep a detailed record of each offensive incident. It is imperative that you safeguard as much written documentation as possible.
Step 2: Detail Each Incident
- Note the time, date and facts of each incident.
Step 3: Remedial Action Efforts
- Notate the actions that your employer took.
Step 4: Safeguard
- Maintain copies of all correspondences and complaints relating to the sexual harassment.
Step 5: Contact an Experienced Sexual Harassment Attorney
- A law firm like YD Injury Law will defend you and fight for your rights.
What Can YD Injury Law Do For Victims Of Sexual Harassment?
YD Injury Law fights aggressively on behalf of victims of sexual harassment to ensure that wrongdoing employers are brought to justice. We understand that individuals subject to sexual harassment are going through a tremendously emotional and challenging time.
Our experienced sexual harassment attorneys will be able to study the details of your sexual harassment case to ascertain whether or not you are entitled to compensation. We will work hard to ensure that justice is served. Our caring and passionate attorneys ensure that you are protected from the start to obtain the highest possible compensation for you.
If you are a victim of sexual harassment at work and in need of information and possible representation, contact our caring attorneys at YD Injury Law for a free consultation today.
No Win-No Fee Guarantee
We accept sexual harassment on a contingency fee basis. So if you do not recover, we will not get paid. There will be no cost to you unless we win. Call us today for a free consultation.