Five Key Things That Employees Should Know about Sexual Harassment in California
One of the common questions that are asked when it comes to California Sexual Harassment is usually, who can sue. The answer to that is that any employee who works for any employer can sue for sexual harassment. What many employees do not know is that sexual harassment can be done by members of the same sex as well as the opposite sex. There are sexual harassment laws in California that will protect victims of sexual harassment whether it is conducted by same or opposite sex. If you fell like you have been sexually harassed, it is important that you immediately contact a California Labor Law Attorney.
Another common question is the popular myth, “ there must be touching for it to be considered sexual harassment”. This is one of the biggest lies out there. Sexual harassment in California is actually a variety of inappropriate behaviors that are not limited to just touching, such as offensive materials, jokes, posters, unwanted sexual comments, leering or other visual harassment and stating that you will have either a promotion or a job in exchange for sexual favors.
Another myth is that sexual harassment can only happen in the work place. The truth is that sexual harassment can happen in a large area of professional, service, or business relationships. Every employee needs to learn and familiarize the California Civil Code Procedure 51.9 to know what relationships are covered.
The fourth myth is that the employee must be the victim of the sexual harassment directly in order to file a claim in California. This is false. If there is sexual harassment happening in the work place of the employee, even if the harassment isn’t towards the employee, but it has happened in front of an employee. The important thing to know is that the harassment has to be severe and must interfere with the employees work. The “ severe” standard is usually upheld if the form of harassment is sexual touching.
The last misconception is that any employee who files a sexual harassment claim cannot win the case unless they have hard evidence or witnesses. This is very untrue. Although evidence and witnesses will help the case, the “ he said, she said” cases have been won when the court feels that the plaintiff (victim) is more credible than the defendant ( employer).
If you feel as if you have been or are a victim of any type of sexual harassment, do not hesitate to contact United Employees Law Group as soon as possible. The statue of limitations is a strict area in labor laws, so please talk to a labor lawyer immediately or at the earliest point in time so that you case can be assessed.
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