Workplace Harassment in California

“Our lives begin to end the day we become silent about things that matter.”

                   Martin Luther King

Being Sexually Harassed at Work?

For as long as there has been one man (or woman) holding power over another there have been those willing to abuse their power. The office is no exception. In fact, it may be the inventor. As long as there has been an office, there has been workplace misconduct. If only the chamber maids in King Henry’s court could have called UELG. Now there’s a great case! Our San Jose Sexual Harassment Lawyers know exactly how to help when it happens to you! Here are some of The Most Famous Sexual Harassment Suits in America


Don’t fall for these Top Five Sexual Harassment Ploys

  1. San Jose HarassmentA Sexually Charged Workplace. While dirty jokes may be funny to some, telling them or posting them creates a hostile and uncomfortable environment for others. Pornography in the office is wide spread as well and hugely offensive and detrimental to others ability to work reasonably.
  2. Unwanted advances. Whether a superior or a co-worker, soliciting social dating or sexual favors in exchange for trade-offs, promotions or even keeping your job is a punishable offence. Most such harassment is perpetrated by a boss or management trying to manipulate a subordinate worker.
  3. Harassment through Social Media. If a Manager or co-worker attempts to make undesired contact via social media like www.facebook.com, www.twitter.com or www.linkedin.com
  4. Blackmail or extortion. If someone at work uses your private information to coerce sexual favors or other unjust action.
  5. Offensive Sexual Inquiries. Management or other employees making conversation about or asking public questions about your sexual identity, history or activity.

Some cases of harassment are more blatant than others; it’s all offensive and may be actionable behavior. It is very helpful if you can document each occurrence of harassment. For quick reference use the “who, what, when, where,” approach. Always WRITE OFFENSES DOWN WHEN THEY OCCUR.

Here’s the breakdown:

  1. Who: Who committed the harassment? Do you have any witnesses?
  2. What: What brought on this behavior from the perpetrator? i.e.: “I climbed a ladder to hang balloons at the company party and George made a crude joke and tried to grab at me.”
  3. When: Record as specifically as possible all dates and times. These also help determine what witnesses may have been present etc.
  4. Where: Was it on company property, anywhere there could be cameras, etc.

Are you being harassed at work?

It can be difficult to put a value on your feelings and the effect of Sexual harassment. We have many laws in California to protect employees from such degradation. Let us help you navigate them.

In the ever-changing sea of California employment law, the definition of harassment has expanded as of 2014. The law now states, “The harasser does not have to have sexual desire as a motive for the victim to be harassed.” Claiming “I had no sexual interest in her” will not help their case.

What types of Sexual Harassment occur at Work?

  • Quid pro quo”, meaning “this for that,” involves a trade of some type. Often this can escalate quickly; i.e. Supervisor: “My back has been killing me all week. If you come rub it for me I’ll do your sales numbers and see if you’re getting a bonus.”
  • The Hostile Work Environment. As above, the perpetrator may not be a supervisor; he or she could easily be a co-worker. In addition, the subject matter doesn’t even need to be sexual activity. The actions in some way make an employee uncomfortable based on gender or other characteristics. This can include crude jokes of a sexual nature, lewd or other gestures, sexually inappropriate posters or photos.

My team at UELG can walk you through the specific codes and how they apply to you at work. PLEASE NOTE, statutes of limitations dictate how long you have to file a case. You must act quickly.

Thankfully, the advances in today’s technology make it easier to validate claims of harassment at work, but not until you stand up and speak out. We will be your advocate! Retaliation laws are in place to protect you from your coworkers or employer, provided you file your claim in good faith. Call us for a free consultation today.

See further articles on sexual harassment at work here:

http://www.harvardlawreview.org/search.php?searchtext=sexual+harassment

http://en.wikipedia.org/wiki/Sexual_harassment

 

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