Frequently Asked Questions
What is Sexual Harassment?
Both Federal and California courts recognize that Sexual Harassment can occur in two forms, “Quid Pro Quo” Sexual Harassment and “Hostile Environment” Sexual harassment.
Quid Pro Quo Sexual Harassment
Quid Pro Quo Sexual Harassment occurs where an employee is required to engage in sexual conduct in exchange for better employment terms or conditions, which can include pay, vacation, promotions, a better working environment or some other recognizable benefit at work
Hostile Environment Sexual Harassment
“Hostile Environment” sexual harassment is where an employee is subjected to unwanted or unwelcomed sexual conduct in their work environment, which can include touching, sexual assaults, sexual comments, sexual jokes and/or unreasonable displays or distribution of sexual material in the workplace. Hostile Environment Sexual Harassment only occurs where the sexual conduct is either severe, continuous or both. For example, a one time sexual joke by a coworker would not qualify.
Sexual Harassment may still exist even though the conduct does not fit into any of the above categories. In 1998, the California Supreme Court expanded the definition of Sexual Harassment to include “conduct outside the scope of necessary job performance, conduct presumably engaged in for personal gratification, because of meanness or bigotry, or for other personal motives.”
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When is an Employer legally responsible for the Sexual Harassment of an employee?
Employers are legally responsible for the Sexual Harassment of an employee when the Sexual Harassment is either perpetrated by a Supervisor or when the Sexual Harassment occurs and the Employer knows about the Sexual Harassment occurring, does nothing about it and the Sexual Harassment continues.
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What if I am fired or suffer negative consequences for refusing sexual advances?
When a Supervisor takes action against an employee for the employee’s refusal to engage in sexual conduct, the employer is legally responsible. The law calls this “Retaliation”, which is illegal under both State and Federal law.
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What if I am Sexually Harassed by a co-worker that is not a supervisor and the employer either transfers or terminates the Sexual Harasser?
Then the employer did the right thing and has done nothing wrong in the eyes of the law.
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If I am Sexually Harassed or suffer Retaliation, do I need to consult with an attorney or can I just file a complaint with the Equal Employment Opportunity Commission (EEOC) or Department of Fair Employment and Housing (DFEH)?
Call an attorney first! You do not want to talk about your case with anyone until you have spoken with an attorney. Anything you tell the EEOC or DFEH can be used against you later. Sexual Harassment laws are very complicated and you do not want to speak with anyone until you have spoken with an attorney. The EEOC and DFEH are also overburdened and under-funded and do not always have the resources to vigorously represent everyone that contacts them. California Legal Team is very selective in the cases we take and we do this so we can devote a substantial amount of resources to every case and leave no stone unturned.
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What is the Statute of Limitations in Sexual Harassment cases?
There is no simple answer, except: Please call us as soon as you can and we will discuss your particular situation with you and see if we can help.
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What can I get from a Sexual Harassment case?
Your employer can be required to pay you for any losses or suffering you go through as a result of Sexual Harassment that they are responsible for such as past lost earnings, future lost earnings and emotional suffering. The employer can also be responsible for paying your attorneys’ fees and in some cases, the employer can be required to pay “punitive damages” to you, which is money the employer ordered to pay to you to punish the employer for wrongdoing.
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Contact our Los Angeles Sexual Harassment Attorneys today!
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The information on this Los Angeles Sexual Harassment Law Firm website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. This information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.