Filing a Sexual Harassment Complaint

Answer:

Some of the most difficult cases that we’ve taken are cases of sexual harassment. We’ve had the opportunity to represent really good, talented people, both men and women that, unfortunately, have been subjected to sexual harassment. Without getting into the weeds too much, it’s important to note that in California both men and women can be subject to sexual harassment under two theories of law.

There’s one called the hostile work environment. This might be situations in which a man or a woman is repeatedly asked about their marital status, or about what kind of sex they like. They might be shown pictures that are graphic and sexual in nature. They might be groped. They might be grabbed. They might be sexually assaulted in the workplace by a supervisor or subjected to a hostile work environment even outside of work by either a supervisor or by a co-worker. That hostile work environment is unlawful if it’s sexual in nature or if it’s based on some other kind of classification. This could include harassment based off race, in which derogatory and racist language is used towards an employee. It could be based off of disability, in which comments are directly related to the employees disability or need for medical care. Those claims are based in hostile work environment— that an employee at the company is making another employee’s environment simply hostile based on a protected issue. The other area of the law is quid pro quo sexual harassment. Quid pro quo isn’t necessarily graphic or groping or emails or text messages. It’s saying if you want this promotion, you have to sleep with me; that in order for you to get a benefit, you must give the supervisor a benefit that’s sexual in nature. California law also protects other employees that don’t get the benefit. If another person gives into a manager’s relationship, either voluntarily or involuntarily, and, as a result, other employees don’t get the same benefits, that’s also protected under California law’s protection of employees not having to engage in sexual behavior for benefits at work. I know it’s a lot. There’s a lot there when it comes to hostile work environment and quid pro quo sexual harassment. It’s important for you to find an attorney that can answer your questions and identify whether or not you are subjected to harassment. If I can answer any of those questions, please feel free to give me a call at the office. I’m happy to take time to educate you as to what rights you have and how to protect those rights. Thanks.