According to the U.S. Equal Employment Opportunity Commission (EEOC), applicants and employees are protected from harassment on the basis of their sex. Sexual harassment could be physical or verbal. Sexual harassment becomes illegal when it is so severe and constant that it creates a hostile or offensive work environment or it leads to adverse employment decisions like demoting the victim or terminating them.
Instances of sexual harassment include sending sexual or pornographic videos or images to another person through text, email or a messaging service, exposing one’s genitals at work, sharing inappropriate content or offensive or sexual posters displayed in the workplace. A coworker, supervisor, independent contractor, client or even a customer can be charged with sexual harassment, and anyone of any gender can sexually harass another.
Rubin Law Corporation is an employment law firm that has been helping victims of sexual harassment in Newport Beach CA get the justice they deserve. Experiencing harassment in the workplace is a harrowing, insulting experience. Your interests are best served when you give us a call today at 213-224-9568 to schedule your consultation with a sexual harassment lawyer.
Physical Harassment
Instances of physical sexual harassment include:
- Unwelcome touching, grabbing or groping
- Deliberately or accidentally brushing up or rubbing against another person
- Kissing or hugging
- Unwelcome touching of another person’s body, hair or clothes
- Intimidating gestures
- Giving another a neck massage
- Rubbing oneself sexually in front of or against another person
- Sexual assault and rape
Verbal Harassment
Instances of verbal sexual harassment include:
- Making sexual comments about a persons body
- Asking about sexual fantasies, preferences or history
- Giving inappropriate nicknames with a sexual connotation based on the individuals anatomy
- Asking personal questions about your sex life
- Making comments about your clothes or looks
- Repeatedly asking out a coworker who is not interested
- Spreading lies about your sex life or sexual preferences
Are Only Women Sexually Harassed?
The EEOC found that in the fiscal year 2017 that 16.5% of sexual harassment charges were filed by men, with the remaining 83.5% of charges filed by women, even though women comprise only 47% of the workforce.
Women who experience sexual harassment in the workplace are more likely to suffer financial stress, have lower job satisfaction, and have higher quick resignation rates than women who do not experience sexual harassment.
A dark side to harassment in the workplace is that claims are considered more credible when made by young, conventionally attractive women, according to the University of Washington study. The consequences are severe for women who fall outside of the narrow idea of what it means to be “feminine” or the idea of who a victim is.
Getting Help When You Have Been Harassed
The first thing you should do after you have experienced sexual harassment in the workplace is to talk to somebody in your human resources department. Write down the date that you met with them, what was discussed, and their name.
Document every instance of harassment. Note the date and time, the individual involved, any witnesses, and details of what happened before, during, and after the event. For example, if you were threatened at work, write down how the threat was delivered and who threatened you.
Keep all copies of communications from your harasser, such as emails, text messages, screenshots of slack or other messenger communications, and handwritten notes. It may be difficult to hang onto these, but they are invaluable evidence in your case and indisputable proof of your victimization.
It is important that you speak with an experienced employment law attorney if you have experienced harassment in the workplace in Newport Beach, CA. You have 180 days from each incident of harassment to file a charge with the EEOC. In rare circumstances, this legal deadline is extended to 300 calendar days if there is a state or local agency that prohibits employment discrimination on the same basis. These deadlines cannot be started. You can actually call our Newport Beach, CA law firm before speaking to your human resources department if you are anxious or uncomfortable talking to them, but you need to act fast.
How a Sexual Harassment Lawyer Can Help
Deciding if you even have a valid sexual assault harassment claim as defined by law and having to file a claim can be very confusing. An experienced employment lawyer can tell you what you can do to prevent your employer from retaliating against you for reporting the conduct and how you should respond to the harasser. You do not need to wait to file your claim with the EEOC to speak to an attorney, and we provide free consultations so that you can give us a call today and learn more about your case.
Regardless of your gender, when you are facing a sexual harassment lawsuit, then you need an experienced sexual harassment lawyer on your side. Your employer will have a team of lawyers, so choose a law firm that will stand up to them and aggressively fight for you.
Prevent Against Retaliation
Unfortunately, employees are not in a position to prevent retaliation in a sexual harassment case. Employers are not supposed to take out their frustrations about the complaint on employees and instead are to hold employees accountable who violate discrimination policies. Companies are also required to inform their employees that any retaliation against a victim is illegal and will not be tolerated. This is why you should speak to an attorney because they will be your advocate fighting for you the whole time.
Since 1995, Rubin Law Corporation has been protecting the rights of sexual harassment victims in Newport Beach, CA. Call now at 213-224-9568 to speak to a sexual harassment lawyer from our firm.
