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Definition of Sexual Harassment under California Law

Sexually Harassed at Work

What to do about work harassment?

Being on the receiving end of jokes, slurs, or any remarks that are sexual in nature is enough for you to feel afraid. Such emotion becomes even more intense if you are being offered job advancement—promotion, increase in salary, long-term job security—by your immediate superior in exchange for sex. You may be able to report the sexual harassment directed towards you, but if your workplace is not strict enough to discipline the perpetrators, the situation could very well get out of hand.

It could get to a tipping point wherein the working conditions and the overall environment in which you are in are already hostile and abusive that even your co-workers may also be affected, albeit indirectly. Indeed, being in such a situation is definitely a tough one to handle. Not only are you worried about your job, but your dignity may also take a significant hit as well.

If you are working for a California company and you experienced sexual harassment, it is important that you act quickly, no matter how small of a deal the situation you were in.

Taking advantage of the services of a sexual harassment attorney in California would be imperative in this regard for you to obtain justice from the offending party who sexually harassed you. Truly, your chosen legal counsel should not only be capable of establishing a sexual harassment case against your employer; he or she should also be knowledgeable and well-versed on the laws that prohibit such adverse employment action, including the state’s Fair Employment and Housing Act (FEHA).

To begin with, the state of California is one of the many states that prohibit sexual harassment in the workplace. Given the strict implementation of the statute, you can be sure that the employment case lawyer you will be hiring would the law as basis to prove that your employer did subjected you to sexual harassment. Basically, California sexual harassment law defines the action as any unwanted or sexual advances, requests for sexual favors, or any other form of conduct that is sexual in nature. Subjecting an employee to such an action negatively affects the ability of the employee to perform his or her duties and responsibilities, as well as establish a work environment that is described as intimidating, offensive, or hostile.

Also worth noting regarding the FEHA’s definition of sexual harassment is that the adverse action can be verbal, visual, or physical. Moreover, sexual harassment can also occur in situations in which both the victim and the harasser are of the same sex, even if either of the two is not homosexual. Also, any person could be considered a victim of harassment even if he or she does is not the intended receiver of the harasser’s unwelcome, sexual conduct.

Apart from the aforementioned FEHA definition, the California employment law also prohibits a certain form of harassment called quid pro quo sexual harassment. It is when the employer, boss, supervisor, manager, or any person with a position of authority in the workplace promises the victim a promotion or a raise in benefits or salaries/wages in exchange for a date or sexual intercourse. Sometimes, a threat to remove the victim of his or her employment or strip of his or her benefits would occur if the victim denies accepting the harasser’s offer. Under California law, employers are held strictly liable for the action of the harassers—managers, supervisors, etc.—due to the fact that they are acting on behalf of their employers.

In California, any conduct that is considered unsolicited, unwelcoming, and is sexual in nature constitutes sexual harassment. Indeed, if you have been involved in such a situation, then it is important that you know your rights and be ready to assert your legal course of action through the help of a competent sexual harassment lawyer.

Seek for the help of a sexual harassment attorney in California

It is always a best idea to consult a lawyer if you think you have legal issue facing in employment. In this case, you need to lawyer for sexual harassment case in California to assist you in establishing your claim or lawsuit against your employer. But before you could do so, it is imperative that you have taken steps in order to stop the harassment. That is, you must have informed the harasser to stop the unwelcome conduct. Or, if he or she continued on with it, you must have filed a complaint with the personnel in-charge of handling such issues. Only when the issue is not addressed from within when you start asserting your legal rights by consulting and then hiring a topnotch attorney for California sexual harassment claims. Your chosen legal counsel has all the tools and resources to support your claim, as well as the experience to help make sure that you are protected.

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