L.A. Sexual Harassment Lawyers

Call Toll Free: (800) 285 - 1763

Contrary to what employers would have you believe, you do have rights. Employees are protected under both Federal and California law from being treated differently in the workplace, based on their age, sex, religion disability or because they complain of illegal or unfair conduct.

If you have been mistreated by an employer, please give us a call, we may be able to help.

Sexual Harassment

The California Fair Employment and Housing Act defines harassment because of sex as including sexual harassment, gender harassment, and harassment based on pregnancy, childbirth, or related medical conditions.

The Fair Employment and Housing Commission regulations define sexual harassment as unwanted sexual advances, or visual, verbal or physical conduct of a sexual nature. This definition includes many forms of offensive behavior and includes gender-based harassment of a person of the same sex as the harasser. The following is a partial list of violations:

• Unwanted sexual advances
• Offering employment benefits in exchange for sexual favors
• Making or threatening reprisals after a negative response to sexual advances
• Visual conduct: leering, making sexual gestures, displaying of suggestive objects or pictures, cartoon or posters
• Verbal conduct: making or using derogatory comments, epithets, slurs, and jokes
• Verbal sexual advances or propositions
• Verbal abuse of a sexual nature, graphic verbal commentaries about an individual’s body, sexually degrading words used to describe an individual, suggestive or obscene letters, notes or invitations
• Physical conduct: touching, assault, impeding or blocking movements

Employer Liability

All employers are prohibited from harassing employees in the workplace. If harassment occurs, an employer may be liable even if management was not aware of the harassment.

An employer might avoid liability if the harasser is a non-management employee, the employer had no knowledge of the harassment, and there was a program to prevent harassment. If the harasser is a non-management employee, the employer may avoid liability if the employer takes immediate and appropriate corrective action to stop the harassment once the employer learns about it. Employers are strictly liable for harassment by their supervisors or agents. The harasser can be held personally liable for damages.

Additionally, Government Code section 12940, subdivision (k), requires an entity to take “all reasonable steps to prevent harassment from occurring.” If an employer has failed to take such preventative measures, that employer can be held liable for the harassment.

A victim may be entitled to monetary damages even though no employment opportunity has been denied and there is no actual loss of pay or benefits.