When Workplace Sexual Harassment Violates the Law
Law Offices of David Drexler
Personal Injury Lawyer, Accident Lawyer
It does not take an overt sexual advance from a superior in the workplace for an employee to feel humiliated, threatened or offended. Sex harassment takes many forms – crude gestures, leering, a display of sexually suggestive images, slurs and jokes – as well as unwanted touching, advances, sexual abuse and sexual assault. The harassment may be made worse with threats or acts of retaliation against the employee who rebuffs or reports these illegal activities.
Fortunately, California laws on sexual harassment are given clear definition under the California Fair Employment and Housing Act (FEHA). When the right to work without these discriminatory acts is violated, affected individuals can hire a personal injury lawyer who specializes in sex harassment cases to pursue legal action and compensation.
Are you working under a quid pro quo situation?
A clear-cut sexual harassment lawsuit can be pursued by a sexual harassment attorney when there is an obvious quid pro quo, that is, a sense that sexual favors will result in workplace advantages such as a raise, promotion, preferable work assignments, etc. When the employee refuses, the opposite – job termination, reduction in benefits, poor assignments – would result.
A lawsuit against an employer for permitting or encouraging this kind of behavior is more likely to be successful when these actions are repeated, known as a “pattern of behavior.” However a single incident might also qualify as an actionable offense.
An experienced sexual harassment attorney is needed.
Given the law, you are protected from workplace sexual abuse and deserve fair compensation for being subject to that kind of behavior. When the court agrees with you, you can recover lost wages and damages for emotional distress. Attorney’s fees and punitive damages can also be awarded to the plaintiff.
Your case is greatly strengthened when you work with an experienced sex harassment lawyer, as there are many subjective factors involved in sexual harassment. You need to ask, “Is this the legal counsel I trust to truthfully and forcefully present my case?”
, Personal Injury Lawyer