San Diego Sexual Harassment Lawyers

Workplace sexual harassment is unwelcome behavior that makes someone uncomfortable; it is based on their sex and affects their ability to work. Harassment can be physical, verbal, or insinuated. It may be obvious sexual comments or actions, or it may be derogatory things said about a particular sex. Harassment might not affect one person in the workspace – some actions create a hostile work environment that impacts everyone.

Sexual harassment goes against state and federal laws. Employers could be liable in sexual harassment cases if they failed to act on reports of harassing conduct. If the perpetrator of the harassment is a manager or superior, the law sees them as an employer representative. The supervisor can be personally liable. In these cases, the employer is still liable if they didn’t act reasonably or, even worse, retaliated against the victim after reporting.

There are two forms of workplace sexual harassment: Quid pro quo harassment and a hostile work environment.

Quid pro quo Sexual Harassment

This form looks like someone in a power position requesting sexual favors in exchange for something. They might promise benefits, such as promotions or positive performance reviews. They might threaten to fire the victim. These promises or threats are stated or implied through innuendos or hints (within reasonable limits of belief).

Whether this is a single incident or repeated over time, there are protections for you. This treatment is illegal, no matter how the victim responds. These unlawful actions should go to human resources. Depending on how they handle your complaint, you may wish to pursue a sexual harassment claim against your employer. A confidential consultation with one of our top-rated employment lawyers can help you sort out your next move.

Hostile Working Environment

Harassment can affect more than one individual. Unwelcome sexual conduct by an employer or coworkers that happens often or is severe can affect the victim’s ability to do their job. Your coworkers may report their workplace for derogatory treatment of one group or favoritism of certain employees due to sexual harassment.

According to the Equal Employment Opportunity Commission, this conduct may be pervasive, severe, or both. If you can show your work has suffered, there may be reasonable grounds for a sexual harassment lawsuit. Harassment can involve a few coworkers or extend throughout the workplace culture. Employers who fail to act on complaints or retaliate against a reporter violate the EEOC and Title VII, which states that no one is to be discriminated against based on sex, among other things.

If your workplace has become a place you dread going to because of others’ conduct, an experienced employment attorney from Mova Law Group – Personal Injury Attorneys can discuss the features of your claim at our initial free consultation.

Our Proven Employment Lawyers Handle All Types of Sexual Harassment. Harassing behavior can be physical, verbal, or visual. It can take the form of the following:

• Unwanted and offensive comments said directly to a victim, made publicly, or communicated through emails or text messages.
• Physical conduct of a sexual nature, such as unwanted touch.
• Intimidating behavior, such as invading personal space or confining someone.
• Unwelcome sexual advances.
• Requests for sex or sexual favors.
• Inappropriate propositions, such as requests for a date. This may be okay between coworkers but should stop if one turns the other down. A manager or supervisor asking out a staff member is never okay.
• Favoritism or punishment of victims based on how they respond to their advances.
• Derogatory statements about someone’s sex – could target an individual or make members of that group feel uncomfortable in general.
• Distributing graphic images in the workplace or through email or text messages.

Contact our experienced attorneys at Mova Law Group – Personal Injury Attorneys for legal advice if you or someone you know has experienced any of these at work.