Perhaps never before has American workplace sexual harassment been scrutinized as closely as it has in the past several years. New discussion forums, protest marches, and support groups have brought to light terrible workplace conduct that had been hidden for years. It is important for all employees across America to realize that they have the right to a workplace free of unwanted sexual behaviors. Both state and federal law offer comprehensive protections for workers in this regard. If you have experienced unwanted sexual comments, gestures, or actions in the workplace, it is important to consult with an experienced employment law attorney about your legal rights. The Jafari Law Group represents workers across Orange County in order to protect their right to work in a safe environment that is free of unwanted sexual behavior.
The Different Types of Sexual Harassment
Both federal and California state law separate sexual harassment into two different categories. Quid pro quo harassment occurs when a supervisor (or another person in a position of authority) offers an employee better wages, hours, perquisites, or other working conditions in exchange for sexual favors. It can also occur if the employee is threatened with the removal of these perks unless he or she complies with the supervisor’s request for sexual favors.
The other type of sexual harassment occurs when an employee is subjected to a hostile work environment. A hostile work environment is created when an employee is subjected to unwanted sexual behavior (including words, gestures, and actions). In order to constitute illegal sexual harassment, the conduct must be sufficiently severe or pervasive to alter the conditions of employment and create an abusive working environment. (Meritor Savings Bank v. Vinson, 477 U.S. 57)(1986)(adopted by Court of Appeals of California in Fisher v. San Pedro Peninsula Hospital, 214 Cal. App. 3d 599)(1989).
The high standard of “altering the conditions of employment” means that many one-off jokes will not rise to the level of illegal sexual harassment. This does not, of course, mean that they are acceptable. An experienced attorney can help employees bring these concerns to their employers, or bring a legal action against employers who do not respond appropriately. And of course, there is a significant amount of uncertainty over what, precisely, is conduct severe enough to meet this standard. This is why it is so important for victimized employees to seek legal advice about their legal rights.
Aggressive Representation of Your Legal Right to a Workplace Free of Sexual Harassment
For decades, Orange County workers have trusted the experienced employment attorneys at the Jafari Law Group to protect their legal rights in the workplace. It is important to consult with an attorney as soon as possible after a potential legal violation has occurred. Quick action can protect evidence from being destroyed, act as an immediate deterrent to unlawful workplace conduct, and give access to the most options for legal recourse. Call 949-362-0100> today to schedule your free consultation with an experienced Orange County employment law attorney.