Workplace Harassment
All employees deserve a working environment free from hostility or abuse. Harassment based on any or a combination of these protected categories is unlawful.
Race
Color
Ancestry
National Origin
Religion
Creed
Age
Mental Disability
Physical Disability
Medical Conditions (Includes Cancer, HIV/AIDS)
Sex
Gender
Pregnancy
Breastfeeding or Related Medical Conditions
Sexual Orientation
Marital Status
Military and Veteran Status
Types of Workplace sexual harassment
Sexual harassment at work falls into two categories: quid pro quo and hostile work environment. The former occurs when an individual submits to sexual advances to obtain employment benefits. However, the latter occurs when an employee is subjected to an abusive work environment because of sexual harassment.
Employer liability for sexual harassment
Under California FEHA, an employer is strictly (automatically) liable for sexual harassment committed by a supervisor. This applies whether or not the business owner knew about the offense. An employer is also liable for harassment committed by a non-supervisory employee if “the entity or its agents or supervisors knew or should have known of the conduct and fails to take immediate and appropriate corrective action.”
Retaliation for complaining of or opposing sexual harassment is illegal
Under state and federal law, it is illegal for an employer to retaliate against an employee who made complaints of or opposed unwelcome sexual advances at work.
Examples of retaliation
Undeserved performance reviews
Reduction in hours
Demotion
Discipline
Shift reassignment
Are you a victim of workplace sexual harassment?
If you believe you are a victim of workplace sexual harassment, call us now to schedule your consultation. Our experienced attorney will walk you through your available legal options.