San Diego Sexual Harassment Lawyer

Have You Faced Sexual Harassment in the Workplace? You Are NOT Alone. Workplace Sexual Harassment Can Be a Painful, Heartbreaking, and Challenging Situation to Face — But a San Diego Sexual Harassment Lawyer Will Fight for You.

Despite the laws aiming to protect workers in California, workplace sexual harassment is more prevalent than ever and can take a number of forms. If you have been the victim of sexual harassment on the job, an experienced San Diego sexual harassment lawyer can help you understand your legal options, including potentially filing a harassment lawsuit against your employer for allowing the behavior to take place.

California Government Code 12940 prohibits any employer or employee from harassing workers, applicants, volunteers, independent contractors, or unpaid interns if the harassment is motivated by unlawful discrimination pertaining to the individual’s sex, gender, gender identity or expression, marital status, sexual orientation, pregnancy, childbirth, or pregnancy-related condition.

Sexual harassment in California includes:

• Quid pro quo sexual harassment refers to an employer or another employee requesting sexual favors in exchange for job benefits or demanding sexual favors under the threat of negative work-related actions such as termination or being passed over for a promotion.
• Hostile workplace sexual harassment refers to repeated sexually harassing behaviors against a worker by an employer or another employee that are intended to offend, humiliate, or distress the victim.

Making a complaint regarding sexual harassment is not required. Although making a complaint is one way to ensure that the employer is aware of sexual harassment, it’s not the only way. An employer is liable for sexual harassment if it knew or should have known about the sexual harassment. An employer can also be liable for sexual harassment if the harasser was a manager or supervisor, even if the employer did not know about the sexual harassment. If you feel unsafe filing a sexual harassment complaint, seek guidance from an experienced San Diego, sexual harassment lawyer.

Workplace sexual harassment can come in a variety of forms, such as the ones listed below.

Sexual Comments

This is one of the more common forms of sexual harassment and can involve jokes, insults, or slurs about an employee’s gender, gender identity, or sexual preference. It can also involve the use of sexually derogatory names to refer to people of a specific gender.

Unwanted Advances

While it is not illegal to ask a coworker out on a date, repeatedly making advances toward them after being rejected or punishing the employee on the job for rejecting advances can be considered sexual harassment.

Inappropriate Touching

This is the most blatant type of sexual harassment and can include grabbing a worker’s genitals, touching their breasts, rubbing their buttocks or thighs, or mouth-to-breast contact.

Sexist Comments

Comments showing favor toward one gender over another are prohibited in California workplaces.

Some examples of sexual harassment in the workplace include:

• Making comments of a sexual nature about a coworker’s body or clothing
• Offering an employee a promotion in exchange for sex
• Asking questions about someone’s sex life or sexual preference
• Telling sexually offensive jokes