Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021
If your employer, peers, or anyone else at work has made you uncomfortable through sexual harassment, we highly suggest you contact the employment attorney of Rubin Law Corporation as soon as possible. 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 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.
Rubin Law Corporation will help you bring justice to yourself and hold the perpetrators accountable for their actions. Contact our sexual harassment attorney 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 pro quo sexual harassment.
Here are some of the most common acts that can constitute sexual harassment:
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.
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.’
Usually, it is perceived that only acts of sexual nature or intent constitute 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.
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 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 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 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 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 lawyers, your stress and worry will be significantly diminished, and you can focus on healing while ensuring the perpetrator is held accountable.
Frequently Asked Questions (FAQs)
How do I sue someone for sexual harassment in 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.
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 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 a 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 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.
You Might Be Interested:
- Sexual Harassment FAQ
- Sexual Harassment Law
- Legal Options
- Sexual Favors for Employment
- Recent Developments
- HG Article