Everyone should be able to go to work without any fear of being sexually harassed. Unfortunately, not every company lives up to this standard. Unwanted touching, inappropriate jokes, and unsolicited sexual advances happen far too often.
The MeToo movement and countless victims stepping up and telling their stories have raised social awareness about sexual harassment. Every day, more people are being held accountable for their improper actions. Workplaces usually understand that sexual harassment and other forms of discrimination will not be tolerated.
Though progress is being made, there is still a lot of work to be done to solve workplace sexual harassment. Many victims of sexual harassment are still being silenced through intimidation and fear tactics. While victims stay silent, perpetrators remain unaccountable.
If you are a victim of workplace sexual harassment in Long Beach, the sexual harassment lawyers at King & Siegel LLP can help. Our experienced lawyers know how to gather evidence and hold your workplace accountable. We will also strive to get you compensation for the harm your workplace has caused. Read on to learn more about how our Long Beach sexual harassment attorneys can help you.
What Is Sexual Harassment?
The US Department of Interior Employment and Labor Law Unit defines illegal sexual harassment to include “any activity which creates an intimidating, hostile, or offensive work environment for members of one sex, whether such activity is carried out by a supervisor or by a co-worker.”
Usually, harassment needs to be either severe or frequent enough to cause a hostile work environment to rise to the level of illegal sexual harassment. Isolated incidents rarely constitute unlawful sexual harassment unless they severely affect the victim’s work environment. However, California law is clear that a single serious incident can rise to the level of illegal harassment.
Notably, anyone can be a victim of workplace sexual harassment. Further, sexual harassment is not always explicitly sexual in nature. It includes conduct that discriminates based on sexual characteristics.
Workplace Sexual Harassment Laws
Federal law and state law prohibit workplace sexual harassment. Title VII of the Civil Rights Act of 1964 prohibits workplace sexual harassment at the national level. Workplace sexual harassment is a violation of California’s Fair Employment and Housing Act as well. There are also other laws at the federal, state, and local level that might be implicated. Victims of sexual harassment at work can choose to bring a case under one or all these laws.
Civil Rights Act of 1964
The Civil Rights Act of 1964 prohibits discrimination based on race, color, religion, sex, or national origin. Courts consider workplace sexual harassment to be discrimination based on sex.
Title VII of the Act requires employers with 15 or more employees to prevent anyone in their workplace from experiencing sexual harassment at the hands of anyone else. If someone does experience sexual harassment, employers must end it as soon as they find out. The steps the employer takes to end the behavior need to be appropriate and effective.
Further, employers can not retaliate against or punish anyone for reporting workplace sexual harassment under federal law.
California’s Fair Employment and Housing Act
California law goes above and beyond what is prohibited under federal law. In California, every employer is subject to the Fair Employment and Housing Act (FEHA). This act also protects all workers, including contractors and volunteers.
There are specific requirements that employers must perform to stop workplace sexual harassment in California. First, all employers must have a written policy on sexual harassment that includes reporting processes. Second, sexual harassment training must be provided every two years in companies with more than five employees.
Unlike under federal law, employers are responsible under California law to take steps to prevent sexual harassment from happening in the first place rather than just responding to it after the fact.
Common Types of Workplace Sexual Harassment
Sexual harassment can become an issue in any workplace in various ways. Examples of illegal sexual harassment include:
- Unwelcome advances,
- Inappropriate comments and jokes,
- Any unwanted touching,
- Displaying offensive or indecent images,
- Making obscene gestures,
- Any sexual touching of one’s self or others,
- Sexual propositioning,
- Spreading rumors of a sexual nature,
- Sex-based stereotyping, and
- Use of sexually derogatory or demeaning terms.
The common thread is that all these situations can lead to a hostile work environment.
Sexual harassment can also take the form of “quid pro quo” harassment. This occurs when someone in a position of authority promises positive or negative employment consequences based on your willingness to submit to their sexual advances.
If you experience any common type of workplace sexual harassment, the Long Beach sexual harassment attorneys at King & Siegel can help.
Remedies for Workplace Sexual Harassment
If you’re sexually harassed at work, your employer has a legal duty to correct the situation. California and federal laws require employers to take immediate action as soon as they know about workplace harassment. This action can include investigating complaints, instituting new personnel policies, and taking corrective measures against the harasser.
If your employer fails to take prompt, appropriate action to address your harassment, you can seek legal remedies. With a successful legal claim, Long Beach sexual harassment victims could receive:
- Back pay—compensation for lost wages if you were terminated, demoted, or forced to leave your job due to harassment;
- Emotional distress damages—financial compensation for the emotional and psychological harm caused by the harassment;
- Punitive damages—additional compensation meant to punish employers who act egregiously or allow a culture of harassment; and
- Reinstatement—an opportunity to return to the position you lost due to harassment.
Taking legal action doesn’t just help you get justice for the misconduct you suffered. It can also help keep employers accountable and protect others from the same mistreatment in the future.
Proving Workplace Sexual Harassment
To prove a legal claim for sexual harassment, you must show that your mistreatment meets the definition of one of two types of illegal sexual harassment in California: quid pro quo harassment and hostile work environment harassment.
Proving Quid Pro Quo Harassment
The name for this type of harassment comes from a Latin phrase meaning “this for that.” Quid pro quo harassment happens when someone in a position of power in your job demands sexual favors in exchange for job benefits or threatens negative consequences if you refuse. To prove quid pro quo harassment, you must demonstrate that:
- The harasser had authority over you (e.g., a supervisor or manager),
- The harasser requested for or engaged in unwelcome sexual conduct, and
- The unwanted conduct was tied to employment benefits (e.g., raise, promotion, job retention).
Even a single incident of quid pro quo harassment can be grounds for a legal claim in California.
Proving Hostile Work Environment Harassment
Legally, a hostile work environment occurs when someone faces unwanted sexual conduct that is so inappropriate that it creates an intimidating atmosphere that prevents them from doing their job. To prove this type of harassment, you must show that:
- You faced unwelcome sex-based behavior;
- This behavior was repeated and sincerely offensive; and
- The abusive environment impacted your well-being or job performance.
Unlike quid pro quo harassment, a hostile work environment claim typically requires a pattern of misconduct rather than a single incident—unless the conduct was particularly egregious (e.g., sexual assault).
What to Do If You’ve Been Sexually Harassed at Work
Proving workplace sexual harassment can be challenging. Following a proper process and collecting evidence can be the difference between winning and losing your case. If you are the victim of sexual harassment in the workplace, here are some crucial steps to take to protect yourself and your claim:
- Document the harassment—keep a record of each incident, including dates, times, who was involved, and precisely what the harasser said or did;
- Collect evidence—save emails, text messages, voicemails, photos, or any other documentation that supports your claim;
- Report it to HR—submit an internal complaint according to your employer’s reporting procedures and keep records of their response; and
- Contact a lawyer—a Long Beach sexual harassment attorney is the best resource for helping you understand your rights and options for taking further action.
Following these steps and the advice of legal counsel will give you the best chance of having your complaint addressed internally. If your employer fails to respond promptly, your attorney can help you prepare to take legal action for their wrongdoing.
How Our Long Beach Sexual Harassment Lawyers Can Help
At King & Siegel LLP, we understand how devastating and intimidating workplace sexual harassment can be. That’s why having a legal advocate’s guidance, experience, and support can significantly affect your chances of success.
Here are some of the ways our experienced attorneys can help you:
- Providing a thorough legal assessment. We will listen to your story and evaluate your case to determine your legal options. Based on which laws are involved, we help you decide on the best course of action.
- Gathering evidence. Our team will help investigate your situation and collect the evidence you need to build a strong case. This includes gathering documentary evidence, reviewing records, and interviewing witnesses who can support your claim.
- Filing legal documents. If legal action is appropriate, we will guide you through filing administrative complaints with a state or federal agency and seeking a right-to-sue notice.
- Negotiating settlements. If possible, we will negotiate with your employer for a fair settlement that compensates you for the harm you’ve suffered.
- Representing you in court. Our skilled trial attorneys will build a compelling legal case and prepare to aggressively fight for your rights in court if litigation is necessary.
Be aware: California and federal law have strict deadlines for filing sexual harassment claims. If you’re concerned that you’ve been the victim of harassment, it’s best to speak with an attorney as soon as possible so you don’t miss your opportunity to pursue justice.
King & Siegel: Dedicated Advocates in Your Corner
The Long Beach sexual harassment lawyers at King & Siegel believe everyone should be free to work without experiencing sexual harassment. We use the same aggressive, skilled, and passionate approach that lawyers working for the biggest corporations use.
Our lawyers graduated from the top law schools in the country and have experience litigating sexual harassment claims. Contact King & Siegel now to help you hold your employer accountable. We have recovered millions of dollars for our clients in employment disputes.