Glendale Sexual Harrassment Attorney

WHAT ARE THE TYPES OF SEXUAL HARASSMENT?

Sexual harassment occurs in two different ways: (1) Hostile work environment, and (2) Quid pro quo sexual harassment.

A hostile work environment occurs when an employer subjects an employee to unwelcome sexual conduct that is severe or pervasive, which interferes with an employee’s work performance or creates an intimidating work environment.  Such offensive work environments are created by conduct such as staring at someone, making sexual comments and jokes, or physically touching or blocking a person in an intimidating manner.  The harassment can be unlawful regardless of whether it is motivated by sexual desire. ⁠ The same conduct can be harassing for men, women and people who identify as non-binary.  Sexual harassment can also occur between members of the same sex.

Quid pro quo harassment, translated from Latin, means “something for something,” AKA tit for tat.  This is where decisions are conditioned on sexual favors. These sexual favors can be in return for a benefit, such as a promotion, or in the form of a threat, which may involve a worker being fired for not performing a sexual act on a supervisor. These kinds of violations can be stated expressly or implied.  Indeed, even simply hinting at a job benefit in exchange for sexual favors can constitute quid pro quo sexual harassment.

IS THE EMPLOYER LIABLE FOR THE HARASSMENT BY MY SUPERVISOR?

Yes, under California law, an employer is automatically liable when a manager or supervisor engages in sexual harassment. This can also be a team lead or shift leader.

IS THE EMPLOYER LIABLE FOR THE HARASSMENT BY MY CO-WORKER?

Yes, under California law, but only if the employer knew or should have known about the harassment and failed to take appropriate action.

IS THE HARASSER LIABLE FOR THE HARASSMENT?

Yes, regardless of whether the harasser is a co-worker, a manager, or a supervisor, the harasser will be personally liable for the harassment.

IS THE EMPLOYER LIABLE FOR THE HARASSMENT BY A CUSTOMER OR VENDOR?

Yes, under California law, but only if the employer knew or should have known about the harassment and failed to take appropriate action.

CAN AN UNPAID INTERN FILE A CLAIM FOR SEXUAL HARASSMENT?

Yes.  Whether the person is paid or unpaid, such as an intern, does not matter.

CAN THERE BE A HOSTILE WORK ENVIRONMENT IF I WITNESSED THE HARASSMENT?

Yes.  Employees do not have to be the target of sexual harassment to experience a hostile work environment.  Employees could experience a hostile work environment if they witnessed or observed sexual harassment occurring in the workplace.

WHAT IS THE EMPLOYER SUPPOSED TO DO IN RESPONSE TO A COMPLAINT ABOUT SEXUAL HARASSMENT?

Employers are required to take all reasonable steps necessary to prevent discrimination and harassment in the workplace.  First, an employer must take interim steps to make sure any harassment stops.  Next, the employer must conduct a prompt investigation.  Then, if wrongdoing is uncovered, the employer must take remedial action.  If the employer fails to do so, then it is either rubber-stamping the harassment, or it is more concerned with cleaning up the mess than uncovering the truth, which could lead to severe punitive damages.

Interim steps to immediately stop harassment is often satisfied by placing the alleged harasser on a leave of absence, transferring the alleged harasser to another location, or requiring the alleged harasser to work remotely.

The investigation should involve an interview of the victim, if possible, or a written statement from the victim.  The investigator should also interview the alleged harasser and give him/her an opportunity to offer evidence in his/her defense.  Similarly, the investigator should interview material witnesses.

The investigation should be conducted by a trained, experienced, and unbiased investigator.

The investigator should prepare a well-reasoned conclusion supported by substantial evidence.

Finally, depending on the findings of the investigation, the employer must take action.  Sometimes, termination of the harasser is warranted.  Other times, discipline, training, and/or a transfer will suffice.

WHAT HAPPENS IF I OPPOSE SEXUAL HARASSMENT AND THE EMPLOYER RETALIATES?

Opposing sexual harassment in the workplace is a protected activity in California.  An employee cannot be retaliated against for reporting sexual harassment that either he/she experienced or witnessed.  Similarly, an employee cannot be fired or demoted for opposing sexual harassment or discrimination.  If you have been a victim of retaliation, do not discuss the situation with anyone else and retain an expert sexual harassment lawyer.

WHAT KIND OF EVIDENCE DO I NEED FOR MY SEXUAL HARASSMENT CASE?

The best evidence comes from eyewitnesses who heard or saw the harasser in action.  Me-too evidence is also helpful (other co-workers experienced the same thing).

WHAT CAN I RECOVER IN A SEXUAL HARASSMENT LAWSUIT?

Victims of sexual harassment may recover the following:

• In harassment cases, emotional distress is usually the biggest type of harm that a person experiences because the victim has been targeted based on basic and core aspects of the person which cannot be changed.  Being subjected to harassment can lead to loss of sleep, weight loss or gain, relationship problems, fear, shame, anxiety, depression, etc.
• If the harassment is so unbearable that it caused you to quit, then you could also be entitled to back pay and front pay.  Back pay is for the lost wages that accumulated from the time you were fired to the time the court issues a judgment.  Front pay is for lost wages from the date of the judgment until the date you are reinstated to your old position or you find a new job.  You would also be entitled to related economic damages, such as the cost of health insurance and other benefits you would have received from your employer if you were not forced to quit.
• An injunctive relief order that tells your employer to cease specific actions, rewrite the company’s firing policies, or fire the harasser and rehire you.
• Punitive / exemplary damages designed to punish the employer and deter others from engaging in similar conduct.

WHAT SHOULD I DO IF I HAVE BEEN A VICTIM OF SEXUAL HARASSMENT?

• Follow the employer’s grievance procedures, which should be in the Employee Handbook, and any other applicable policies. For example, make sure you lodge complaints with the human resources department or your supervisor, and make sure you do so in writing.  If you send any emails, make sure you either CC-yourself to your personal email address, or send it from your personal email address.
• Document how they responded to your complaints.
• Forward all emails or evidence from your work email to a personal email.
• Collect evidence and create a chronology of events. Write down the dates and times of incidents, the place where they occurred, and the names of others who were present.  Memorialize discussions and circumstances.  Save all documents (papers, emails, text messages, social media messages, pictures, videos, etc.) that support your claim.  Collect the contact information of all witnesses.
• Do not discuss the situation with anyone else and retain an expert sexual harassment lawyer.
• Stay away from social media. Don’t post anything about your harassment or your employer on social media.  Consider taking down your social media profiles until your complaint or case is resolved.  The employer’s management and attorneys (including human resources representatives) will scour through all your social media sites for posts that they can use against you.  Even seemingly innocent posts, photos or videos can be twisted and used against you.  Anything you post online can be used against you in court.

WHY HIRE SHOULD YOU HIRE THE LAW OFFICES OF ERIC A. BOYAJIAN, APC, EMPLOYMENT LAWYER?

We have the knowledge and the resources to fight for you to the end, all the way to a jury trial if necessary.  We can articulate to the employer and the jury the emotional stress that you have endured, and the punitive damages that you should be awarded.  The Law Offices of Eric A. Boyajian, APC, Employer Lawyer provides a free, no obligation, initial consultation.  If we take your case, you pay nothing unless there is a recovery (at trial or settlement).