Sexual Harassment

Sexual Harassment

  • Have you been touched inappropriately at work?
  • Have you been stalked physically or electronically through text messages or e-mails?
  • Were sexual advances made toward you at work that made you feel uncomfortable?
  • Has a co-worker or manager told a sexual joke that you did not feel is funny?
  • Does one of your managers or co-workers keep asking you out on a date but won’t take no for an answer?

At the Rubin Law Corporation, we can help you. We have been successfully litigating sexual harassment cases since 1995, in the construction industry, services, sales, banking, automobiles, medical, oils and mining, aerospace, and other sectors. We have handled cases on behalf of men and women from all walks of life, whether professional, blue collar, or C-Suite Executive. What makes for a successful representation of a sexual harassment victim?:

  1. Getting the evidence needed from witnesses and personnel file documents even before the case officially begins;
  2. Protecting the complainant in the litigation from undue invasions of privacy (by utilizing the special protections under the law afforded persons alleging sexual harassment)
  3. Documenting emotional distress and related harms in order to maximize awards;
  4. Getting the discipline files of harassers
  5. Attacking phony “investigations” intended to augment employer cover-ups and used by employers to undermine the complainant;
  6. Identifying acts by the employer that show ratification or approval of the harassment or that a supervisor perpetrated it.

We have years of experience handling these cases and as a result we know how to take the steps required in order to achieve the best results with the least possible wear and tear on our client.  Indeed, on some occasions the cases settle even before they are filed in court. If you are interested in a consultation, please use the sidebar and contact us today so that we may give you the advice you need to determine if you have a case. Call us now at 310 385 0777.

Here is how the California Department of Fair Employment and Housing defines sexual harassment:

  • Unwanted sexual advances
  • Offering employment benefits in exchange for sexual favors
  • Making or threatening reprisals after a negative response to sexual advances
  • Visual conduct: leering, making sexual gestures, displaying of suggestive objects or pictures, cartoon or posters
  • Verbal conduct: making or using derogatory comments, epithets, slurs, and jokes
  • Verbal sexual advances or propositions
  • Verbal abuse of a sexual nature, graphic verbal commentaries about an individual’s body, sexually degrading words used to describe an individual, suggestive or obscene letters, notes or invitations
  • Physical conduct: touching, assault, impeding or blocking movements

Emotions often run high when you feel like you have been the victim of sexual harassment at work. It can be embarrassing and even humiliating, leaving you feeling defeated or angry. At The Rubin Law Corporation, our Los Angeles sexual harassment lawyers are prepared to take aggressive action for you when sexual harassment has caused you to feel you are now working in a hostile work environment.

Typical Sexual Harassment Cases

According to the California Department of Fair Employment and Housing what are the three most common types of sexual harassment  cases filed with the Department?

  • An employee is fired or denied a job or an employment benefit because he/she refused to grant sexual favors or because he/she complained about harassment. Retaliation for complaining about harassment is illegal, even if it cannot be demonstrated that the harassment actually occurred.
  • An employee quits because he/she can no longer tolerate an offensive work environment, referred to as a “constructive discharge” harassment case. If it is proven that a reasonable person, under like conditions, would resign to escape the harassment, the employer may be held responsible for the resignation as if the employee had been discharged.
  • An employee is exposed to an offensive work environment. Exposure to various kinds of behavior or to unwanted sexual advances alone may constitute harassment.

Our sexual harassment attorneys in Los Angeles fight so that you can put a stop to sexual harassment, recover compensation for your damages, and move forward in your career and life.

If you are experiencing sexual discrimination or harassment of any sort, contact the experienced sexual harassment lawyers in Los Angeles at The Rubin Law Corporation. We can help you understand how sexual harassment law applies to your situation and work with you to create solutions.

How Is Sexual Harassment Defined by the EEOC?

The U.S. Equal Employment Opportunity Commission (EEOC) defines sexual harassment to include harassing behavior in the workplace such as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature.

This can include quid pro quo offers of employment for sex or actions designed to cause you humiliation. Sexual harassment is a form of sex discrimination and may involve the following behavior by supervisors, customers, clients or co-workers:

  • Unwanted sexual advances
  • Offering employment in exchange for sexual favors
  • Making threats after a negative response to sexual advances
  • Making sexual gestures
  • Displaying suggestive objects, pictures, cartoons or posters
  • Making derogatory comments, slurs and jokes, including behavior that constitutes gender discrimination
  • Making verbal sexual advances or propositions
  • Threatening verbal abuse of a sexual nature
  • Leering, impeding or blocking movements, touching
  • Workplace harassment or hostile treatment of female workers because of their gender

When is a California employer liable for sexual harassment?

Strict Liability for Supervisors

Employers are “strictly liable”  (meaning automatically liable) for harassment by their “supervisors or agents”. In addition, the harasser can be held personally liable for damages. An employer is required to “take all reasonable steps to prevent harassment from occurring.” An employer that fails to take such preventative measures, can be held to account. Where employers know of the harassment, they are liable for conduct of co-workers of the victim. Only if an employer had a program to prevent harassment, did not know of the harassment, and the harassment was conducted by someone other than management may an employer escape liability. That is one reason why it is important to report harassment immediately when it occurs.

Liability for Non-Employees

Employers may also be liable for the actions of non-employees (vendors, customers, etc.) who are allowed in the workplace and who harass employees if the employer knew or should have known of the conduct at issue and failed to take immediate and appropriate corrective action. For example, a restaurant manager who insists that a waitress serve male customers who sexually harass her leaves the restaurant open to a successful claim of sexual harassment. In determining whether an employer should be held liable for the acts of non-employees, courts  evaluate the control the employer had over the harasser and the employer’s other legal responsibilities with respect to that individual.

Workplace Harassment | Sexual Harassment in the Workplace

Both men and women in the workplace can be sexually harassed. Victims can be employed in minimum wage jobs or high-paying professions. Sexual harassment can occur in small businesses and large corporations and in a variety of industries, including entertainment, manufacturing, retail, medicine and government.

At The Rubin Law Corporation, our sexual harassment attorneys in Los Angeles take action as soon as we take your case. By fighting sexual harassment aggressively, including in cases with multiple employees, our harassment lawyers often reach favorable outcomes without involving you in extensive litigation. Opponents who know our reputation for success know that we take sexual harassment seriously. We help clients with all harassment matters, including:

Contact a California sexual harassment attorney today!

While sexual harassment is considered illegal in many workplace situations, our workplace harassment lawyers can help you interpret the laws and how they may apply to your particular circumstances before you approach an employer. Contact us online or call 310-385-0777 to schedule a confidential consultation about your sexual harassment claim. We have offices in Los Angeles and Beverly Hills, and serve Sacramento, San Diego, and Orange County areas.