Do Not Stay Quiet About Sexual Harassment! Let Us Help You!
Do Not Stay Quiet About Sexual Harassment! Let Us Help You!
One of the biggest problems with employee harassment in the workplace today, is the person who is being harassed does not speak up. The problem will not go away on its own and the longer you wait, the more the problem will grow. Now is the time to fight back and regain your self-confidence. It doesn’t matter if you’ve experienced verbal abuse, quid pro quo, or sexual harassment, it’s wrong and it’s illegal.
Do Not Wait Any Longer. Take Control.
Johnson Attorneys Group will help you take back control of the situation. We will listen to your frustrations and concerns. We will help bring you relief in your workplace environment, and we will consult with you for FREE to determine what type of workplace harassment case you have against your employer, and what you should do next. If you are still unsure as to whether your situation constitutes harassment, continue reading to gain clarity and call us today to gain control.
Harassment Lawsuits Employment Law
Most of us spend half of our day at work and without our jobs we cannot support ourselves or our families. Therefore, any threat to our livelihood can significantly affect our lives and the lives of our loved ones. There are many types of workplace harassment including sexual harassment and discrimination, but how does a person identify if their situation would win a lawsuit or not?
Workplace harassment has a very specific legal explanation. And to be an actionable offense, the conduct must be all of the following:
- Directed towards a person’s protected characteristic
- Unwelcome, and
- Severe or pervasive to the extent that the victim's employment is affected
The plaintiff or victim being harassed, must prove each of the following elements in court:
In the eyes of the court, harassment is illegal only if it’s based on a legally protected characteristic such as the person’s race, age, gender, disability, etc. The specific characteristics that are protected fall under laws such as Title VII, the Americans with Disabilities Act, and the Age Discrimination in Employment Act, as well as, many other state and federal laws. So a general complaint about a person’s working condition may not be protected. The harassment must be tied to the person’s protected characteristic such as their gender or race.
What is Offensive Conduct?
Whether it’s a derogatory or sexual joke, name-calling or racist rant, harassment can take many forms in the workplace. Some cases may even progress from verbal assaults into physical violence.
Take sexual harassment, for example, where a supervisor may suggest the victim have sex with them in exchange for a raise or promotion. This would be considered a “quid pro quo” case in the legal community. On the other hand, a hostile work environment may make it difficult for the victim to work due to teasing.
The most common harassment in the workplace is a hostile work environment. This may be more subtle harassment that might involve a manager or business owner treating certain ethnicities better or worse than others. It could involve derogatory nicknames or racial slurs, but oftentimes it’s assigning the victim to jobs as a punishment or to mock them.
Offensive or Unwelcome Conduct
Harassment is illegal only when the victim receives the actions or conduct as unwelcome. There are situations where the accused disputes a sexual harassment case because the “victim” also made lewd jokes or engaged in similar behavior as the offender. This can make it more difficult to prove a case if the victim had engaged in similar behavior.
Severe or Pervasive
A single incident of harassment is not considered an actionable offense. Typically, it takes a serious or pattern of incidents over time to constitute an illegal harassment under the law. A single request for a date or even a one-time racial slur may not be enough to warrant a lawsuit, but there are extreme cases where this could be addressed in court. For example, if there were a physical assault that may be actionable. The courts will ultimately decide whether something is egregious enough for the employer to be held liable for harassment.
Contact Our California Employment Law Firm
We at Johnson Attorneys Group understand that this may be a difficult time in your life and we are here to help. Our lawyers would like to discuss your potential case. We offer a free initial consultation where we can go over your employment issues. If we decide to take your case, we work on a contingency fee basis, which means that you do not pay any fees unless you win or recover compensation. Call us at 800-235-6801 for help.
Answers to Common Employment Law California Questions
My Employer Isn’t Giving Me Time with My Newborn. Can I Fight This?
Under the Family and Medical Leave Act, federal law dictates specific guidelines to allow for growing families to have time with their children and time to recover after a pregnancy. If you feel your employer is violating the FMLA, you owe it to yourself and your family to get professional legal help. We are the leading attorneys in employer law and we will fight to get you the time you need with your family.
I Feel I’m Being Discriminated Against. How Do I Know?
The law outlines very specific characteristics that are protected from harassment. If you believe you are being harassed on the basis of race, gender, age, sexual orientation or religion, it’s time to pick up the phone and call our office for a consultation. Discrimination is a serious crime and you do not have to take it any longer. Call us today for a FREE consult to understand your rights under the law.
I Am Disabled and My Employer Doesn’t Help Me. What Can I Do?
Every employer in California is REQUIRED to make accommodations for various disabilities in California. The American Disabilities Act outlines specific guidelines for this and if your employer is not providing you the tools you need to do your job, they are breaking the law. Let our team at Johnson Attorneys Group stand by your side and fight back against unlawful behavior in the workplace.