Every Santa Monica employee has the right to a work environment free of discrimination and sexual harassment. Sexual harassment is unacceptable but unfortunately common. It may come in the form of a hostile environment of lewd or offensive comments, or it may be a work superior requesting sexual favors in exchange for benefits at work. This is illegal, as well as humiliating and traumatic, but a Santa Monica sexual harassment lawyer can help you hold those who are responsible for this situation accountable.
If you have been a victim of workplace sexual harassment, you deserve to take legal action that provides you with the support you need. It can be much easier to deal with the overwhelming situation of filing a claim with the aid of a Santa Monica sexual harassment lawyer.
At the Law Offices of Miguel S. Ramirez, we want to help you with the complaint- and claims-filing process. We know that it can be difficult to speak out about sexual harassment, and we want to support you by helping you gather the evidence and information you need for a more successful claim.
Sexual harassment can be enacted toward anyone, regardless of their gender, age, or sexuality. Like other forms of discrimination, employees have the right to workplaces free of sexual harassment under state and federal law. There are two main types of sexual harassment as defined by law. These include:
There are many types of behaviors that may be considered sexual harassment under these definitions. Examples may include:
If you have experienced sexual harassment in your Santa Monica workplace, you should speak with an employment attorney. This behavior is unacceptable and a violation of your employee rights. Depending on the circumstances, you could file a civil claim for damages and press criminal charges. Your attorney can review your situation and determine the ideal next steps to give your claim its greatest chance of success.
Filing a claim with state or federal agencies can feel like a big task, but it can be much easier with the support and guidance of an experienced attorney. Importantly, an attorney can help you protect yourself in case of retaliation. It is illegal for an employer to retaliate against you for taking action to protect your rights, but some employers may still demote, terminate, or otherwise penalize an employee.
When you have suffered sexual harassment in the workplace, you can file a complaint against the behavior and potentially be able to file a claim for compensation. Your employer is responsible for creating and maintaining policies that prevent sexual harassment. They must also address harassment in the workplace in a reasonable manner.
When an employer fails to do so, a claim can hold them legally responsible and help you recover damages. This compensation could cover lost income, the damage from emotional trauma and stress, and medical costs.
An attorney can help you document harassment in the workplace, protect your rights, and improve the likelihood of a successful claim.
The main forms of sexual harassment include:
California law recognizes quid pro quo and hostile work environment harassment, and employees can file harassment claims under those types of harassment.
There are many types of harassment, and they may be treated differently by the law. If you believe that you are facing unwanted and illegal sexual harassment, such as quid pro quo harassment or a hostile work environment, speak with an employment attorney. They can review the unique factors of your situation, determine if you have a claim, and help you through the next steps.
Offensive and sexual conduct is considered sexual harassment, such as physical touching, actions, or words that are unwanted and make an employee feel unsafe. Unwanted comments about an employee’s appearance, sexual jokes and comments, or physical contact that creates what a reasonable person would consider sexual in nature are also harassment.
These actions are legally sexual harassment if:
An employment sexual harassment claim can be filed with the federal Equal Employment Opportunity Commission (EEOC) or with the California Civil Rights Department (CRD), formerly the California Department of Fair Employment and Housing (DFEH). Depending on your situation, you may want to file with one or both agencies.
When you file a complaint with the agency, you must show evidence of harassment and your employer’s failure to address the harassment in a reasonable manner. If the agency approves the complaint, it sends you the right to sue your employer, or it will pursue legal action against your employer itself.
If your employer is failing to take the appropriate steps in a reasonable period of time to address sexual harassment, you shouldn’t wait to look into legal action. Contact the Law Offices of Miguel S. Ramirez today and let us determine if you have a claim.