Sexual Harassment
Sexual harassment in the workplace is a global problem that leaves varying impacts on the victims. Your workplace is your second home where you spend most of the hours of your day, and that automatically demands it to be a safe place. But, if, unfortunately, you have faced sexual harassment at your workplace, mind it! You are not alone. Workers all across the world have faced sexual harassment at their workplaces once in a lifetime. One of the studies conducted by EEOC states that one out of four and one out of every five individuals face sexual harassment at their workplaces. Despite what is happening in the world, you should know that workplace harassment is illegal and being a victim, you should hire a sexual harassment lawyer in Van Nuys to help you file a lawsuit against the culprit. The team of legal experts at Hussain & Gutierrez can help you with your sexual harassment claim as they hold expertise in the folllowing practice area with a tremendous track record of winning such cases against the perpetrators.
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Sexual Harassment Attorneys in Van Nuys Helping You Determine Liability
In light of California law, a worker who creates a harmful environment while harassing the victim is liable under a sexual harassment claim. The severity of the claim gets high if the executioner is from the top hierarchy or the employer. In addition to this, the failure to take action against the harasser also falls into the account of the employer, making him liable. Despite being sexually harassed, you cannot individually file a case as you need to get the ‘sue-notice’ from the Department of Fair Employment and Housing (DFEH). Lawyers for the sexually harassed workers at our firm can help you file a petition against your harasser and determine the liability.
Sexual harassment in the workplace involves unwanted sexual advancements, either physical or verbal. This can take place in many ways, including:
- The comments and jokes that belittle you or any other employee
- Inappropriate physical contact without consent
- Sexual proposition
- Sexual texts
- Rude gestures
- Employment benefits in exchange for sexual favors
- Discussion about sexual activities
- Vulgar conversation
All these acts can establish California Sexual Harassment which is prohibited under Title VII of the Civil Rights Act of 1964. Any of these acts can result in a lawsuit against the harasser. If you have also been through any such experience, consult our workplace sexual harassment lawyers.
Sexual harassment acts in the workplace are defined into two groups, which are:
Hostile Work Environment
The hostile work environment results when sexual harassment is at its peak, and it starts affecting the behaviors of employers by creating sexually intimidating surroundings for the workers. The hostile work environment can affect all the workers indirectly despite being created for any of your coworkers. The harassment varies in severity, and a single act can be unlawful and disturbing enough to create a hostile work environment. On the other hand, sometimes a pattern of actions can be severe and leads to a hostile environment.
A legal test can be conducted with subjective and objective elements to examine the hostile work environment. The subjective evaluation is when a hypothetical individual feels uncomfortable when the act of harassment is defined. In contrast, the subjective aspect is that the victim has been through trauma due to the harassment. After the legal test, the issue is taken to court, where the judge evaluates the following factors:
- The severity of the actions
- The frequency level on which activities are being done
- The context of the action
After being discussed in court, the recognition varies at federal and state levels. So in order to have a strong case, it is better if you consult a work sexual harassment lawyer and get victory over the opponent.
Quid Pro Quo Sexual Harassment
This is the second category of sexual harassment and talks about the matter between the employee and the employer. In Quid Pro Quo situations, the individuals lying below in the hierarchy are forced to get involved in sexual activities for pay raises and career enhancements. This can cause severe mental distress.
If you have been the victim of any such activity in your workplace, talk to our Van Nuys sex crimes lawyer to help with information regarding a sexual harassment claim.
After going through a sexual harassment situation, there are certain things that you should know before hiring an attorney for sexual harassment in the workplace. Some of these fundamental factors are:
Know your rights
It is your employer’s responsibility to provide you with a safe workplace that is free from sexual harassment, and if something occurs, immediate action should be taken.
Have an insight into the sexual harassment policy
Employers must spread knowledge about the California Code Of Regulations among the employees so it gets easier for the employees to file lawsuit in case of sexual harassment.
Report the incident immediately
You are advised to report the incident as soon as possible following the policy, and it should be submitted in written form with a detailed explanation of the incident.
Numerous people working in your office can make sexual advancements towards you, including:
- Boss
- Manager
- Supervisor
- Coworkers
- Clients
- Partners
- Contractors
- Vendors
The individual committing sexual harassment plays a vital role in the lawsuit as it is easier to hold the abuser liable for any such act increasing the severity of the action compared to the outsider, which is not so easy to hold liable.
The Best Sexual Harassment Attorneys In Van Nuys Establishing Your Right To Legal Protection
Workplace sexual harassment can have serious repercussions on the lives of the victims, causing them physical and emotional stress that may last forever. If you have also been through this trauma, let us help you bring the perpetrators to justice. The work sexual harassment lawyers at Husain & Gutierrez have been working tirelessly to bring justice to victims like you, and we can do the same for you. We have experience investigation, preparing and litigating a sexual harassment lawsuit. Our attorneys will take a brief history of your workplace along with the details of the incident and will guide you throughout this journey to make sure you walk on the right legal path and win the lawsuit against the harasser. So, come visit us or call us for an initial conversation with our attorney to protect your legal rights.
Frequently Asked Questions Have a question? Ask our Van Nuys workplace sexual harassment attorney
First of all, you will have to prove that the act was sexual in nature, then you will have to prove that it was a forceful act and the refusal resulted in damages from the employer’s side.
If no one was present when the incident took place, you should make sure to hire an attorney and follow a proper process of claim by preparing enough written documents to elaborate the incident and make your case stronger.
According to the law of California, simple teasing and harmless comments don’t constitute illegal. Sexual harassment is considered illegal when it is severely affecting the victim and frequently occurs at the workplace resulting in the hostile environment.
The law of California states the recovery of compensation for your monetary and non-monetary losses against the harasser or the employer who did nothing to stop the sexual harassment at the workplace.
If you are being harassed at the workplace you should immediately try to record the situation, then hire an attorney and file a complaint against the harasser or the employer.
