San Bernardino Sexual Harassment Lawyer

You Are NOT Alone. Workplace Sexual Harassment Can Be A Painful, Heartbreaking, And Challenging Situation To Face — But A San Bernardino Sexual Harassment Lawyer Will Fight For You.

The topic of sexual harassment has become a front and center issue over recent years thanks to high-profile criminal trials and societal initiatives like the #MeToo movement, which has led to international media coverage. As the true scale of sexual harassment issues continues to unfold, it’s no surprise to see more and more employees speaking out about their experiences in the workplace.

This type of behavior can present itself in a wide range of circumstances. The harassment can come from a supervisor, a co-worker, or even an individual from outside the organization, like a customer or a vendor. From inappropriate jokes to unwanted touching or promises of a promotion in exchange for sexual favors — it’s against the law.

Do you feel uncomfortable in the workplace because of sexual harassment? No matter how much you love your job, you should NOT have to deal with that. You have the right to a safe workplace.

If you’re experiencing sexual harassment at work, don’t suffer in silence. We understand the impacts that a toxic environment can have on its workers. Your physical health and mental well-being are our #1 priority — trust our San Bernardino sexual harassment lawyer to fight for your right to a SAFE workplace. Reach out to our office today for a free consultation.

There can sometimes be a fine line between what’s seen as either appropriate or inappropriate behavior in the workplace. Sometimes a joke or comment can come across as harmless to one employee, while another employee finds it offensive or degrading.

Sexual harassment is typically the result of repeated unwelcome behaviors, but isolated incidents could be categorized as sexual harassment depending on the severity of the unwelcome conduct.

Sexual harassment does NOT always involve overtly sexual acts or propositions. Physical or verbal conduct used to tease, intimidate, or bully employees (including conduct directed at gender identity or sexual orientation) can also be considered sexual harassment even if the sexual nature of the conduct is not explicit.

Many state and federal anti-discrimination laws frequently overlap with sexual harassment claims. Race, religion, age, disability — it can be challenging to determine the best way to defend your rights. It’s important to seek appropriate legal counsel from a firm experienced in handling all aspects of employee rights, including workplace discrimination.

Employers have a legal duty to prevent sexual harassment. There is NO requirement that employees file a complaint with their employers about it. Employers in California have a duty to “take all reasonable steps necessary to prevent discrimination and harassment from occurring” (Cal Government Code Sec. 12940 (k)), regardless of whether an employee complains. It’s the employer’s responsibility to have appropriate measures in place to deter sexual harassment. Any employer who fails to take these steps violates California law.

There are two main forms of sexual harassment that are most commonly seen in the workplace: Quid pro quo (“something for something”) harassment and hostile work environments.

The state of California no longer distinguishes between the two when handling cases. However, it’s important to understand and recognize the different types of workplace harassment. It’s also important to note that gender is irrelevant to sexual harassment — whether the sexual harasser is male, female, or nonbinary, or the victim is male, female, or nonbinary is irrelevant. The behavior determines what constitutes sexual harassment. Moreover, sexual desire or attraction is not required for behavior to constitute sexual harassment. The behavior determines sexual harassment, not the intention of the harasser.

Quid Pro Quo

The Latin term directly translates to “something for something.” When a proposition is made for an employee to fulfill or consent to sexual requests or advances in exchange for some sort of employment benefit or opportunity, this is called quid pro quo. For example, a supervisor tells an employee that the employee will get a promotion if they were to go on a date with the supervisor, or if they threaten the stability of an employee’s job if they do not go out with them.

Hostile Work Environment

When a work environment becomes so toxic — as a result of sexual-related harassment — that it begins to have detrimental impacts on its employee’s job performance, it’s referred to as hostile work environment sexual harassment.
In court, some factors will be used to determine if there is legitimate hostility in the workplace:

• The frequency of the type of behavior in question
• Whether the accused harasser is a coworker or an authority figure
• If there is more than one individual reporting harassment
• If more than one employee is partaking in the harassment

Sexual Comments

Generally, sexual comments are considered one of the verbal forms of sexual harassment. This involves behaviors like joking or making crude comments about an employee’s physical attributes, spreading rumors about their sex life, or sharing private information. These unwanted comments can often be considered sexual harassment.

Unwanted Advances

Unwanted advances involve propositions in the workplace. Advances could be verbal, written, or over a text message. Although it’s not uncommon for a coworker to ask another out on a date, it must be done respectfully. Unwanted advances or negative consequences for declining an advance may give rise to a valid sexual harassment claim.

Inappropriate Touching

Inappropriate physical touching is one of the most indicative signs of sexual harassment. Employees that experience inappropriate touching may consider filing a police report, and may also have a civil claim for sexual assault. The Malk Law Firm frequently brings claims for assault along with sexual harassment.

Sexist Comments

Sexist comments are derogatory remarks directed towards a specific individual or group of individuals. The most common example, being derogatory comments made against women in the workplace. This includes insults, jokes, slurs, or any other type of verbal harassment. Sexual harassment claims are taken very seriously in California, comments alone are often enough to give rise to a claim.

Under California state law, sexual harassment includes but is not limited to the deliberate, repeated sharing of private information, verbal or physical conduct, or making inappropriate gestures, comments, and requests.

There may be sexual harassment present is you’ve witnessed or experienced:

• Inappropriate touching, grabbing, and groping.
• Explicit remarks being made about another person’s gender identity or sexual orientation.
• Messages or emails with sexual jokes or innuendos.
• Multiple advances being made towards an employee (after declining the offer).
• Verbal abuse, unnecessary sexual content in dialogue.
• Frequently rubbing up against or standing too close to an employee.
• Sharing or distributing sexually suggestive information.

Both victims of sexual harassment and the harassers can be male or female. They can be supervisors, coworkers, vendors, clients, or anyone who interacts within the work environment.

1. Review Workplace Policies And Begin Documenting EVERYTHING

You can never have too much documentation. As the incidents happen, take down as many notes about the situation as you’re able to. This will be a great help to any lawyer that works on your case. Record specific dates and times, what behaviors you witnessed, what other people were around, and how you reacted. Keep this information in a safe place outside of your office so that you can access it if you need it. Begin reviewing your workplace policies and procedures to ensure proper protocol is followed when making a claim.

2. If You Feel Safe, Report Harassment To Supervisors Or HR

People frequently fear retaliation from their employers. Why? Because it happens often. If you feel comfortable doing so, report your claim in writing – keep a copy of it (email works) – to your superiors or an HR department. Stating your claim places the onus on the management team to conduct an investigation and produce a solution that keeps the employee and other employees safe from future sexual harassment.

3. Contact A San Bernardino Sexual Harassment Lawyer

You don’t have to handle your claim alone. No matter what stage of the process you are in, an experienced San Bernardino sexual harassment lawyer will help ensure your employee rights are protected, and your harasser is held responsible. Start building your claim with a free consultation.

California employers are responsible for preventing sexual harassment, even where the harasser is not an employee. California Government Code §12940(j)prohibits an employer from sexually harassing an employee on the basis of gender, and the legislature amended this section to make employers responsible for acts of non-employees. That section states, in relevant part:

“An employer may also be responsible for the acts of non-employees, with respect to sexual harassment of employees, applicants, unpaid interns or volunteers, or persons providing services pursuant to a contract in the workplace, if the employer, or its agents or supervisors, knows or should have known of the conduct and fails to take immediate and appropriate corrective action.”

Once an employer is notified of sexual harassment, it must take adequate remedial measures. The measures need to include immediate corrective action that is reasonably calculated to (1) end the current harassment and (2) deter future harassment.

If your employer did not take reasonable steps to prevent sexual harassment, we may be able to help. Please contact us for a free consultation.

If you believe you’ve experienced sexual harassment in the workplace, there are a number of different ways you can file a claim, depending on the seriousness of harassment:

• Law Enforcement – If the sexual harassment is severe, caused injury, or it’s a criminal act, call law enforcement as soon as possible. File a police report to get them involved for your protection and to have the incident documented.
• Your Employer – Your company should have clear policies and procedures outlining how to handle claims of sexual harassment. Communicate with your supervisor or the HR department if you can, be sure to ask for documentation stating that you’ve made a claim. Your employer is required to make the harassment stop, and you can request a follow-up meeting to discuss their solution.
• Union – A union’s job is to protect and advocate for employees. If you are part of a union, you can file a complaint with a union representative. If the harasser is part of the same union, this may not be the most effective resolution.
• EEOC Charge – The EEOC or the Equal Employment Opportunity Commission will investigate your sexual harassment claim to determine whether the claim is supported by evidence. They may work toward a solution with your employer or provide you with a right-to-sue prompting you to contact a San Bernardino sexual harassment lawyer.
• DFEH Charge – The DFEH, or the Department of Fair Employment and Housing, is the California counterpart to the EEOC. Just the EEOC, the DFEH will investigate your sexual harassment claim, and can also issue a right-to-sue letter which you can show a San Bernardino sexual harassment lawyer.
• Lawsuit – With your right-to-sue letter, you can pursue a workplace sexual harassment lawsuit. You have 300 days from the receipt of the letter to file your case in court.

No matter what stage of the process you are in, a San Bernardino sexual harassment lawyer can guide you through the process of filing a complaint.