Does sexual harassment still exist in the workplace? Don’t we all know by now how to conduct ourselves at work? The unfortunate answer to these questions is no. Sexual harassment does still occur in the workplace; however California
There are basically two types of illegal workplace sexual harassment: (1) quid pro quo and (2) what is called the “hostile work environment.”
Quid pro quo sexual harassment
“This for that” is the direct translation of quid pro quo. Quid pro quo sexual harassment occurs when the harasser offers something beneficial in the employment relationship in return for accepting romantic and/or sexual advances. For example, if a supervisor or manager offers a promotion or a raise in exchange for sex. Or threatens to write up or demote an employee unless the employee goes out on a date with the manager. There are many other types of Quid pro quo sexual harassment that are more subtle. If you have been made to feel uncomfortable at work or have been propositioned by your supervisor, a manager, or co-worker it is important to seek legal advice so that your rights are preserved. Call Gienapp Law, APC at 619-234-3054 for a free consultation.
Hostile Work Environment
Hostile work environment claims frequently do not involve claims of sexual or romantic advances; rather an employer creates, or allows to be created, an atmosphere in which the harassment is sufficiently sever or pervasive to create an actual abusive working environment, the so called “hostile work environment.”
Subordinates, co-workers, supervisors, and even managers can all participate in creating a hostile work environment. Harassment can come in the form of slurs, intimidation, offensive jokes, talk of a frank sexual nature, taunting, exposure to pornography while at work, groping, grabbing, ridicule, unwanted touching, and other similar behaviors. Even a single severe act of sexual harassment can create a hostile work environment. However in most cases a hostile work environment is created by many subtle (or not so subtle) acts, by one person or many, over a period of time.
Who is liable?
If the harasser is a supervisor or manager then the employer is directly liable to the harassed employee. However if the harasser is a coworker or subordinate then the employer will only be held liable if the harassed employee complained to a manager or supervisor (HR or other) about the harassing behavior and the employer failed to take the steps required to stop the harassment.
Retaliation
Unfortunately many victims of sexual harassment do not immediately report the harassment to their employers for fear of retaliation. Reporting sexual harassment of any kind or type to an employer is 100% protected activity under California
If you have experienced sexual harassment in the workplace call Gienapp Law, APC at (619) 234-3054 for a free consultation. It is important to know your rights and take the steps necessary to protect your right. Employees have rights too.
Most cases handled by a sexual harassment attorney are directed at employers who allow sexual assault to occur in the workplace. This is because unprofessional conduct of a sexual nature happens with frequency in employment and business situations. But there are professional situations – in business, academia and between vendors and customers or clients – where inappropriate sexual behaviors occurring outside an employer-employee relationship is still subject to litigation against the perpetrator. By hiring sexual harassment attorneys, you can be in a better position to seek better compensation packed in the court from your company. For more help, contact them.
ReplyDeleteThe best thing you can do is to try your best to not be left alone with each other. But in case that he made creepy advances towards you, I guess that's the right time that you should report it to the HR department. Remember that anything he does that makes you uncomfortable can be classified as sexual harassment.
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