Know Your Rights: Legal Support for a Safer Workplace In California

 Sexual harassment at the workplace is no laughing matter, and laws in California provide extensive safeguards for workers who face such behaviour. This blog gives a detailed overview of California sexual harassment lawyers and the law, and practical steps one can take for victims seeking justice. 



What is Sexual Harassment in California About?

California law (particularly through the Fair Employment and Housing Act (FEHA)) defines sexual harassment as inappropriate verbal, physical behaviour of a sexual nature that makes the working environment offensive, intimidating or hostile. This includes: 


    • Unwelcome sexual advances.

    • Requests for sexual favours.

    • Offensive comments or jokes.

    • Unwanted touching or physical contact.

    • Exhibition of sexually explicit material not used for business purposes. 

California recognises two general types of sexual harassment:

    • Quid Pro Quo: When hiring decisions (for instance, promotions or retention of a job) are made based on one’s submission to sexual advances.

    • Hostile Work Environment: But if behaviour is so pronounced or widespread that it results in an intimidating or abusive workplace environment?

Why would you require a Workplace Sexual Harassment Lawyer?

Under the workplace harassment law, where a suit can be filed with sa exual harassment lawyer California, sexual harassment at the workplace is broadly defined as:

    • Quid Pro Quo Harassment: We may define sexual harassment as a scenario whereby an employee is asked for sex or she is being promised superior working conditions on a quid pro quo basis that she submits to the proposer’s sexual advances. It takes only one event in order to establish this sort of harassment.

    • Hostile Work Environment: These are prohibited actions of a sexual nature that are grave enough to pervert the working environment with regard to the sexual conduct of such individual to make it one of intimidation, hostility or offence. According to the Government Code, one excess incident could be sufficient.

    • Physical Conduct: Lewd or other untoward action, bodily restraint or blocking of normal freedom of movement of a person, or physical interposition of a person’s activity. In the “FEHA regulations, this amounts to a Clash, barring one’s way, or physical contact in a way that a reasonable person would regard as hostile.

    • Verbal/Visual Harassment: Leather, provocative clothing, clothing with sexual connotation, sexual comments, jokes or slurs, graphic materials. Under law, specified behaviour comprises verbal, physical, visual and written harassment.

    • Third-Party Harassment: Harassment of non-employees like customers or vendors by employers is their responsibility if they knew or ought to know that the harassment was going on and they did nothing.

    • Gender-Based Harassment: The harassment can be in forms other than sexual, but in some cases it might be as a result of the actual or perceived sex and gender of an individual that is being targeted.

    • Remember: Employers, regardless of the number of their employees, are required by the Acts to offer a work environment that is free from sexual harassment. It should not be welcomed, and the standard is based on how the behaviour seems like that which is hostile, offensive, or abusive in nature to a reasonable person.

Legal Protections and Employee Rights by a Sexual Harassment Lawyer

The laws expand on federal legislation to offer more protection to workers. It is the responsibility of both employees and employers to prevent and avoid harassment. Victims of sexual harassment enjoy the following rights:

    • Report harassment freely without fear of being harmed

    • Make a complaint to their employer or the Department of Fair Employment and Housing (DFEH).

    • Seek compensation for loss of wages and emotional distress, as well as other damages.

The Duty of a Sexual Harassment Lawyer

A sexual harassment lawyer is very important when it comes to offering victims advice on the legal process. Their services typically include:

    1. Analysing the facts of your case and providing legal options advice.

    2. Helping with filing complaints to the DFEH or Equal Employment Opportunity Commission (EEOC)

    3. Collecting information and documents (dates, times, witnesses, etc.).

    4. Dealing with settling or court representation of clients.

    5. Maximising available damages and making harassers pay for their harassment.

    6. Many law firms provide free consultations and attend to clients in key cities, offering face to face and online services.

Recent Legal Developments: Extended Time Limits

The California Assembly Bill 9 (AB 9) gave an extension of the statute of limitations from one year to three years for sexual harassment claims. This allows victims more time to comprehend things and think about legal action.

Special Considerations: Harassment by Lawyers

Sexual harassment is possible in any professional relationship, including those between lawyers and clients. Such a relationship is known to create a power imbalance that the California law recognises and creates protective measures for clients. Victims can:

    • Make a complaint to the State Bar of California

    • Take disciplinary actions against the lawyer (suspension or disbarment)

    • Pursue a lawsuit for compensation

    • Practical Steps for Victims

If you feel that you are a target of sexual harassment in California:

    • Document Everything: Keep meticulous records involving acts of malpractice, including dates and time of occurrence, actions taken and witnesses involved.

    • Report the Harassment: Contact your employer, the HR, or, in case of attorney misconduct, the State Bar of California.

Conclusion

There are some of the strictest laws that offer protection against sexual harassment in California. As a victim, you have the right to a safe workplace and a chance to get justice. If, as a victim of sexual harassment, you are confronted with a case of sexual harassment and you consult Shegerian Conniff, you are able to comprehend the legal system, your rights, and hold the perpetrators. 

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