Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021
Suppose your employer, peers, or anyone else at work has made you uncomfortable through sexual harassment. In that case, we highly suggest you contact the employment attorney of Rubin Law Corporation as soon as possible for reporting sexual harassment. As per a study published in New York Times, it was concluded that more than 51% of women had experienced unwanted sexual advancements in the workplace. While unwanted sexual touching constitutes workplace sexual harassment, victims of unwanted groping or touching can also be the cause of separate action under California law for sexual battery.
Sexual battery is defined as a person committing acts with the intent to have offensive contact or to cause harm to another person’s intimate parts with the use of their intimate parts. In layman’s terms, if someone grabs, slaps, or touches your intimate area without your consent, you can undertake action against them for sexual battery, including reporting sexual harassment.
Our experienced sexual harassment attorney will help you bring justice to yourself and hold the perpetrators accountable for their actions. There is no need for you to suffer from unwelcome sexual advances or other types of abuse. Contact our workplace sexual harassment lawyer Los Angeles for a completely confidential and free consultation.
What Constitutes Sexual Harassment?
Sexual harassment does not necessarily mean that it involves acts of sexual nature or sex. Any behavior, such as intimidation, teasing, or offensive comments, arises from stereotypes such as how someone should act or dress. Bullying based on sexual orientation, gender identity, or sex also constitutes harassment. It could also be defined as a request for sexual favors, unwanted sexual advances, or physical or verbal conduct of sexual nature.
There are two major types of sexual harassment:
Hostile work environment
Workplace sexual harassment happens when unwanted acts of sexual nature create a threatening, intimidating, and abusive work environment that is so pervasive, severe, and persistent that it affects the employee’s mental health, leading to their inability to perform at work. The harasser can be a person of authority or even a peer.
Quid pro quo
This Latin phrase stands for “this for that.” In the case of workplace sexual harassment, it means that a decision related to the employee’s job is dependent on whether they agree to an act of sexual nature. It also occurs when an employee’s future in the organization depends on their partaking in these acts. For example, if a superior suggests or remarks that an employee will be getting a promotion if they agree to provide sexual favor. In this case, the employee is subjected to quid pro quo sexual harassment.
Here are some of the most common acts that can constitute sexual harassment:
Sexual comments
These include any unwanted comments, including dirty quips about someone’s clothes, appearance, or any other type of physical attributes, gossiping about other employees’ sex lives with fellow peers, spreading vicious rumors about gender identity or sexual activity, distribution, or playing pornography. These comments could be verbal or written, including emails, social media, or messaging apps.
Unwanted advances
When someone constantly pressures an employee to go on a date, owe them a favor of a sexual kind, stalking you with repeated phone calls, letters, messages, where the intent may be romantic but turns into harassment after being repeatedly told ‘no.’
Sexist comments
Usually, it is perceived that only acts of sexual nature or intent constitute workplace sexual harassment. However, under Title VII, offensive behavior in the workplace based on an employee’s sex that is so pervasive and severe that the work environment becomes hostile is also illegal. For example, a workplace may be considered hostile if superiors assign certain tasks based on gender rather than employees’ abilities.
Inappropriate touching
It includes any type of physical advancements that are unwanted and repetitive, such as fondling, kissing, and hugging inappropriately. It also includes acts of criminal nature such as forced sexual acts, rape, or sexual assault. If anything of such nature has happened to you, immediately report it to law enforcement authorities.
Sexual harassment by others
It is considered to be illegal when peers or superiors are the harassers, but the employer also has a responsibility to prevent employees from getting sexual harassment from business partners, vendors, clients, or customers. If the employer knows about the harassment and then prompt action should be taken to stop it.
Lastly, it is important to note that workplace sexual harassment does not know any gender and could happen to anyone. While it is common to see women being harassed by a man, there have been instances where men have also been targets of harassment. Harassment of any kind against any gender is illegal.
Laws Against Sexual Harassment
The federal law of Title VII of the Civil Rights Act of 1964 governs sexual harassment in the case of an organization with fifteen or more workers. The California Fair Employment and Housing Act (FEHA) has no minimum number of employees required for the defendant to file a case of sexual harassment and provides more protection than Title VII.
Pursuing Claims of Sexual Harassment
After informing your employer or human resources of the sexual harassment, you need to file a case with Equal Employment Opportunity Commission (EEOC) or with a local or state agency. You will need to undertake this step before filing a sexual harassment lawsuit. Contact us so that we can help you with multiple deadlines for each agency to file such a sexual harassment complaint. After you file the charge, the agency will investigate whether the sexual harassment happened. If the agency does not find fault, they give the pursuer the right to sue, and you can file a lawsuit. If the agency does find fault, they may try to resolve the issue with the organization directly while also providing you with the right to sue.
Rubin Law Corporation – Sexual Harassment Attorney
Since being established in 1996, Rubin Law Corporation has dealt with thousands of the trickiest of cases related to California employment law. With over twenty-five years of experience, we know how to prove the perpetrator’s fault with in-depth research, fact-finding skills, unparalleled knowledge of the law, and the never-ending search for evidence.
How can our Los Angeles lawyer help you?
If you have experienced sexual harassment, you need to report it to human resources or employer after documenting the incident. Many organizations have a procedure in place to safeguard their employees. However, in several cases, the complaints can fall on deaf ears for plentiful reasons. You must consult with a sexual harassment lawyer as they can offer sound and clear legal advice, based on state and federal law, that will help you protect your rights.
A sexual harassment lawsuit can be time-sensitive, complex, and mentally jarring. Without Rubin Law Corporation, you may not be aware of all options available to you and may be intimidated into dropping the case altogether. With our Los Angeles Sexual Harassment lawyers, your stress and worry will be significantly diminished, and you can focus on healing while ensuring the perpetrator is held accountable.
What Should I Do If I Am Being Sexually Harassed?
Keep Records of Offensive Comments or Treatment You Receive
Sexual harassment can have many forms, and one common type is when your employer threatens to demote, fire, or discipline you if you reject submitting to the acts of sexual harassment. Unfortunately, hostile workplace environments are common. Typically, this kind of treatment is ongoing and pervasive.
The victim can suffer sexual harassment due to their gender, race, religion, age, or additional reasons. You can gather evidence of such incidents, such as the record of any emails, voicemails, or offensive text messages you receive from anyone at work. If you are being verbally abused, you can also make notes of these harassing remarks when they happen.
Keep the Evidence Secured
Facing sexual harassment can be daunting, but in order to file a sexual harassment complaint against your harasser, you would need solid proof of the offensive acts. For that, you should not delete any offensive messages or emails or get rid of any written notes directed at you. Instead, collect this kind of evidence and store it at a safe location.
Do not keep it anywhere at your workplace, such as in your computer or desk drawer. Instead, keep this evidence at your home to retain all crucial evidence in a situation where you cannot access your workplace.
Ensure that You Report the Harassment Before Suing
Workplace harassment is a serious matter, but it can have a lot of gray areas that can prevent you from proving sexual harassment in court. For instance, it is required by law to report any acts of harassment before you proceed to file a lawsuit against the harasser.
If you quit without reporting the issue, you could lose your chance to sue the offender. Another aspect you have to keep in mind is to check your company’s harassment policy so you can follow the correct protocol to report your concerns.
Once the organization has received the report about the harasser, it can be strictly liable if it does not take action to stop the harasser.
File a Complaint With the EEOC
After filing a complaint with your organization, you must next file a complaint with the Equal Employment Opportunity Commission. You may have a limited number of days to file this complaint. Filing a complaint with the EEOC can ensure you do not face any retaliation from your organization for reporting sexual harassment.
Find an Employment Lawyer
Next, you should hire an employment lawyer to help you with your sexual harassment case. Your lawyer can identify the acts of harassment and inform you about your rights according to state and federal laws. They can also help you craft and submit the complaint to the EEOC. Finally, your lawyer can represent you in court and help you get a fair verdict if you wish to sue the harasser after filing the complaint.
Resign from the Position
If your organization does not take any action after making them aware of the sexual harassment you have faced in the workplace, you should quit your job. It can be tempting to quit when you start experiencing sexual harassment, but ensure that you gather evidence and report such acts before you leave the company.
Evidence In a Sexual Harassment Case in Los Angeles
Here is the kind of evidence you need to prove workplace sexual harassment claim.
The Company’s Sexual Harassment Policy
Almost all companies contain a sexual harassment policy in their handbooks when it comes to a sexual harassment case. Keep a copy of the company’s sexual harassment policy as evidence.
Contemporaneous Notes
Creating written notes of all events of harassment can help you prove such behavior in court, especially if you don’t have any other evidence of sexual harassment in your sexual harassment claim.
Evidence of Communications
All communications, such as recordings, voicemails, emails, text messages, and any written documents of sexual harassment are crucial pieces of evidence required to strengthen your sexual harassment case.
Eyewitnesses
Another significant evidence of workplace sexual harassment can be statements of eyewitnesses in the workplace. The witnesses can testify about what they saw and heard in court. This increases your chances of getting a favorable verdict in court.
Report Sexual Harassment
Reporting acts of sexual harassment could lead to retaliation from your employer in some sexual harassment cases, but not filing a formal complaint within your organization could also negatively impact your lawsuit. However, it is better to lodge an official complaint, as it will help your case in court. In addition, it helps provides proof of the timeline of events from the first act of sexual harassment.
Sexual Harassment Statistics In the Workplace
- In the U.S., approximately 43% of men and 81% of women have reported facing sexual harassment at least once in their lifetime.
- Between 2018 to 2012, the EEOC received 78.2% of complaints about sexual harassment in the workplace by women.
- In a survey, 41% of women and 32% of men between the ages of 18 to 60 had reported facing sexual harassment at work.
In California alone, more than 86% of women and 53% of men are victims of workplace sexual harassment, which is higher than the national average.
Frequently Asked Questions (FAQs)
How do I sue someone for sexual harassment in Los Angeles, California?
To file a lawsuit against someone in California, there are three things to do first:
- You need to inform the organization you work in, whether it is your superior, human resources, or someone responsible, to hear and register employees’ complaints and take action.
- If you continue to face sexual harassment, the next step is to file a complaint with the California Department of Fair Employment and Housing (DFEH). If you need to file a lawsuit, this step is necessary since, without the right to sue letter given to the employee, they cannot file a valid lawsuit.
- After obtaining the right to sue the letter, you will have one year to file a valid sexual harassment lawsuit.
How to Deal With Quid Pro Quo Harassment?
Quid pro quo harassment in the workplace is when a manager or someone of authority tries to offer or merely hint that they can give the employee professional advantages in exchange for sexual demands. For example, an employer can suggest sexual favors to an employee and ask them to submit to these favors if they want to keep their job or get promoted.
Employees or job applicants can both become victims of quid pro quo harassment. To prove that quid pro quo harassment took place at work, the victim should have evidence showing that they were a job applicant or employee at said company, the alleged harasser made verbal or physical unwanted sexual advances, employment decisions affecting the victim made as a direct result of this harassment, and they were harmed as a result of such harassment.
What should be your first course of action if you are a victim of sexual harassment?
Here are several steps to undertake if you are facing sexual harassment:
- Tell your harasser a strict ‘no’ and that they are making you uncomfortable. While this may seem obvious, people often may not realize how their advances are being pursued.
- Document what’s happening to you – dates, number of times, places, names of the persons involved, emails, messages, documents, and keep the evidence in a safe place, not at work.
- Make an official sexual harassment complaint and report sexual harassment. Many organizations have procedures in place to protect employees from sexual harassment.
- While we understand that continuing to work at a place where you are constantly being targeted for sexual harassment can be very difficult, it is important that you do not quit the organization before reporting. This could affect your chances of winning a sexual harassment lawsuit.
- Sexual harassment can affect a person’s ability to function properly. Seek treatment or counseling if you have trouble dealing with the circumstances and have anxiety, depression, emotional distress, or other psychological symptoms.
- If you think you are being sexually harassed, it is vital that you consult with an experienced sexual harassment lawyer at Rubin Law Corporation so that they can guide you on preserving your claims and the course of action to take.
Who is sexually harassed at work?
Anyone could be subjected to sexual harassment at work, regardless of their workplace position or gender. Rubin Law Corporation, a sexual harassment attorney can help put a rest to your sexual harassment and help you recover damages for your pain and suffering so that it can aid you in moving forth in life and building a career. We can help sexual harassment victims get justice by guiding them through each step of the legal proceedings of a sexual harassment claim. Contact us to schedule a consultation with our sexual harassment lawyer. Our sexual harassment attorney team is experienced in all types of sexual harassment claims, including improper physical conduct, workplace sexual favors, hostile work environment, online sexual harassment, and more.
- Sexual Harassment FAQ
- Sexual Harassment Law
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