Work should be a place where people feel supported, safe, and free to complete their work efficiently. Most employers establish rules that govern the behavior and interactions of employees. Employers and management should strive to ensure a welcoming and safe workplace for everyone in Marina del Rey, CA.
That is not always the case, however. Many factors can contribute to a workplace feeling unsafe and hostile. Workplace injuries and unequal pay can contribute to problems, but instances of sexual harassment are often the most difficult to deal with. This may include inappropriate comments or jokes, withholding promotions unless sexual favors are performed, unwanted physical contact, and more. If you or a loved one have been a victim of sexual harassment, you may be able to file a claim and receive compensation. The experts at the Law Offices of Miguel S. Ramirez are here to help.
Knowing whether it is the right choice to pursue legal action in a sexual harassment case can be difficult. It is not always easy to know whether what you are experiencing could be considered sexual harassment. It is important to understand how California law defines sexual harassment. This will give you the confidence you need to respond appropriately to mistreatment.
In California, sexual harassment is defined as any contact, action, or words of a sexual nature that make another person uncomfortable or unsafe in their workplace. Interactions such as unwanted back rubs, vulgar emails or messages, and inappropriate jokes or comments could all be classified as sexual harassment. Regardless of intention, if any of these actions make another worker feel unsafe or uncomfortable, it could be charged as sexual harassment.
As per California law, there are two aspects to sexual harassment. The first is the objective component. This means that anyone who experienced the harassment that is being investigated would have taken offense to it. The subjective component is the second. This requires evidence that the individual who filed the claim suffered emotionally as well as suffering from the harassment. These two components can be used to support several types of sexual harassment claims.
Anyone can be a victim of sexual harassment, regardless of their age, gender, race, or sexuality. Despite how rampant the problem is, it can be difficult to know whether your personal experience could be considered sexual harassment. There are two primary classifications for workplace sexual harassment to help you determine whether you are facing sexual harassment. They are:
Sexual harassment of any kind is illegal under California law. If you are experiencing sexual harassment in your workplace, then it needs to be reported to a supervisor or employer immediately so that they can deal with it appropriately. You may need to pursue legal action if they do not treat your claim with the appropriate gravity. This will trigger a sexual harassment investigation, which can be a long and involved process.
A sexual harassment investigation should be handled as carefully as possible due to the sensitive nature of the case. The proper conclusion can only be reached if all the necessary evidence is organized and presented clearly. This allows those leading the investigation to assess the full scale of the situation and make the best decision about how to move forward. A sexual harassment investigation in California will go through three distinct phases.
The first step is always to report the sexual harassment to the correct party. This could be a supervisor, an employer, or a representative from HR. When a sexual harassment complaint has been filed, the proper leadership should begin an investigation in the workplace. The individual who filed the complaint is free to conclude the process if they are happy with the results. If, however, the investigation is not handled properly, the case may need to progress further.
If you are unhappy with the conclusions of the workplace investigation, then the next step is to file a complaint through the California Department of Fair Employment and Housing. This organization will launch an investigation into your employer to assess whether the claim was handled appropriately. If they determine that the employer did not complete the investigation as they should have, then they will provide you with a “right to sue” notice. That notice will move you forward into the next step of the investigation.
When you have been given a notice from the DFEH, it is time to file a harassment claim. The legal process to pursue your sexual harassment case will have officially begun once you have filed a harassment claim. You will have the option to either file a claim against an individual, such as the person who harassed you, or an entity, such as your employer. That choice will depend on the specifics of your case. A Marina del Rey sexual harassment attorney can help you make that choice.
Due to the subjective nature of sexual harassment cases, it is essential to provide sufficient evidence to support any claims you make. One way to achieve this is to document everything you can as soon as you realize that you are being harassed. Keep a log of every inappropriate interaction between yourself and your harasser. It would also be helpful to collect witness testimonies, clear documentation of company policy and how it has been violated, and evidence of inappropriate communications.
Dealing with a sexual harassment case can be stressful, emotional, and overwhelming. Depending on the specifics of our case and the laws in your jurisdiction, proving a sexual harassment case can be difficult. It is essential when you are attempting to prove a sexual harassment case that you gather as much evidence as possible to support your claim. Evidence may be collected in the form of inappropriate contact, witnesses to corroborate your story, formal complaints that have been made, and more.
The key to winning a sexual harassment case is proving that the harassment took place. This can be difficult because the definition of sexual harassment can be very subjective. One way to improve your chances of winning a sexual harassment case is to gather as much evidence as possible. This will help support your claim and give you a higher probability of winning your case. Evidence may include evidence of inappropriate communication, official complaints that you filed with your employer, or testimony from witnesses who can support your claim.
In California, sexual harassment is anything of a sexual nature, such as words, actions, or physical contact, that makes an employee feel unsafe in their work environment. There is no definitive list of specific things that would fall under the umbrella of sexual harassment because it is often determined by the circumstances. Inappropriate jokes, comments about physical appearance, and unwanted physical contact like back rubs could all be considered sexual harassment in California. If you have been made to feel uncomfortable by the sexually charged words or actions of a coworker, that could be considered sexual harassment.
Sexual harassment is considered a type of sexual misconduct. When a sexual harassment case is taken to court, it can either be classified as a misdemeanor or a felony. The penalties for a conviction are dependent on the specifics of the case and how severe it is. If someone is convicted of misdemeanor sexual misconduct, they could spend up to six months in jail. A felony conviction, however, could carry a penalty of up to four years in prison.
The workplace should be a space where everyone feels safe and welcome. Leadership in the workplace should take claims of sexual harassment seriously to protect their employees, but that is not always the case. If you reported sexual harassment to a supervisor and it was not given the necessary attention, it may be best to pursue legal action. The process of filing and completing a sexual harassment case can feel overwhelming, but the team at the Law Offices of Miguel S. Ramirez can guide you through it. Contact us today for assistance with your sexual harassment case.