Our Sexual Harassment Attorney Explains the Most Common Red Flags
Sexual harassment can occur in any type of workplace setting where there are more than two people working together. It can arise with coworkers or others with whom you may have regular interactions. There are two main types of sexual harassment; hostile work environment and quid pro quo. Quid pro quo is Latin for “something for something”, and this type of sexual harassment generally involves a superior who makes employment offers or threats, in exchange for sexual favors. On the other hand, even without promises or threats, sexual harassment may be severe and pervasive enough to create a hostile workplace. Fortunately, both types of sexual harassment are illegal under state and federal laws.
Examples of Quid Pro Quo Sexual Harassment
Quid pro quo sexual harassment can involve offering employment benefits in exchange for sexual favors. However, it may also involve a supervisor who uses his or her position to threaten an employee’s job for refusing sexual advances. Possible examples of quid pro quo sexual harassment include:
- Offering a raise, promotion, favorable shifts, or paid time off in exchange for sex;
- Threatening a person’s job for refusing sexual advances;
You should contact our San Diego sexual harassment attorney if you believe you were the victim of quid pro quo harassment. We may be able to help you file a claim or lawsuit against your current or former employer. Contact us at (619) 941-0667 to schedule a free consultation.
Examples of Hostile Workplace Sexual Harassment
Hostile workplace sexual harassment can involve many different parties, not just a supervisor or authority figure. One or more people may be affected by a hostile workplace that arose from sexual harassment.
Co-workers, supervisors, clients, customers and contractors can also be guilty of creating a hostile workplace. Possible examples of hostile workplace sexual harassment include:
- Sexual comments or nicknames
- Unwanted emails, text messages or social media interactions
- Unwanted touching
- Spreading rumors of a sexual nature that targets a person or group of people
Sexual harassment often involves a combination of the unwanted actions above. Our San Diego sexual harassment attorney can review your situation at no cost. Employment attorney Evan Gould can help you determine whether it would be possible to take legal action against your employer.
What Should I Do if I Am Sexually Harassed?
We strongly encourage you to speak with an employment law attorney before beginning any steps in the sexual harassment claims process. An attorney can help you protect evidence and uncover new evidence. Additionally, your attorney can offer assistance if your employer retaliates after filing a sexual harassment claim.
The Equal Employment Opportunity Commission (EEOC) and California Department of Fair Employment and Housing are the two agencies responsible for investigating sexual harassment claims in California. An attorney can help file claims with these agencies if necessary, reaching a resolution with the employer or harasser, or may be able to file a lawsuit to recover damages for all losses suffered as a result of such conduct.
If you believe you are being sexually harassed at work, there are certain steps you can take to protect yourself. First, it is important to document in writing the instances of sexual harassment, such as the time it occurred, what was said and who was responsible. Take note of any witnesses present when these events occurred. You may also be able to safely keep digital copies of emails, text messages or other digital communications. Sending yourself copies to your personal email or obtaining screenshots may prevent such evidence from being lost or destroyed by the wrongdoer or the employer. The more evidence you have of wrongdoing, the better.
Contact Us With Questions About Labor Laws in California
Facing sexual harassment in the workplace? We can answer any questions you may have about how labor laws in California apply to your situation. You can schedule a free consultation with our San Diego employment lawyer by dialing (619) 941-0667 or by using the contact form on our site.