If you have been Sexual Harassment/Hostile Work Environment in the workplace. Or if you are feeling uncomfortable or mistreat due to the existence of a hostile work environment. Then California law may give you a right of action for damages pursuant to basic employment law principles.
Unfortunately, many would-be plaintiffs choose not to pursue their legitimate sexual harassment claims. In part, because they do not wish to draw further attention. It’s not uncommon for sexual harassment plaintiffs to worry that pursuing legal action will cause them to be “blacklisted”. In their industry or will extend the social, personal, and emotional suffering that they have already been subjected to as a result of the harassment.
At Prestige Law Firm, we can help you secure just compensation for the various losses and humiliations that you shouldered. Contact one of our experienced employment lawyers in Palmdale, CA for guidance on how to proceed with your sexual harassment and hostile work environment claims.
Generally, there are two types of sexual harassment that can occur in the California workplace: 1) quid pro quo sexual harassment and 2) hostile work environment harassment.
Quid pro quo sexual harassment associates with the exchange of sexual favors. For example, if your manager threatens not to promote you next quarter unless you perform sexual favors. That will constitute quid pro quo sexual harassment.
Hostile work environment sexual harassment is somewhat more difficult to define. As there is no objective standard for determining whether a workplace has become “hostile” to the plaintiff. Generally speaking. If you believe that a reasonable person in your circumstances would feel unsafe, offend, objectify, harassed, or abused. Then you may have an actionable claim for sexual harassment on the basis of a hostile work environment.
In California, employers must not create, encourage, or allow for the creation of a hostile work environment. Failure to prevent the creation of a hostile work environment could lead to significant civil liability.
It’s worth noting that sexual harassment (due to a hostile work environment) does not require targeting harassment. Let’s explore a brief example to clarify.
Suppose that you are feeling extremely uncomfortable in the workplace due to what you believe to be a hostile work environment. Though none of your colleagues have specifically targeting you for Sexual Harassment/Hostile Work Environment. Colleagues routinely make lewd comments around the office. Distribute explicit materials at work, take sexist jabs at other co-workers, and much more. Simply forcing to work under such circumstances may qualify as sexual harassment and could therefore give rise to an actionable claim.
California law is quite aggressive about imposing liability for Sexual Harassment/Hostile Work Environment. And allows for employers to be held strictly liable for sexual harassment by their employees. Strict liability ensures that you (the victim) can establish a claim for damages against the employer. Even when they did not act negligently in creating a hostile work environment or otherwise contributing to the sexual harassment misconduct.
So, why does California make it so straightforward to impose liability on an employer in the sexual harassment context?
It is well accepted that a hostile work environment can be a breeding ground for sexual harassment and other such misconduct. California law shifts the burden of responsibility to employers. So that they incentivize to take proactive steps towards creating a healthy and inclusive work environment. That does not tolerate sexual harassment or other similar misconduct. Contact one of our employment lawyers in Los Angeles. If you have questions and would like to discuss your specific situation.
In California, and elsewhere, employers get prohibit from engaging in retaliatory conduct against an employee who exercises their legal rights. For example, if you file a report with law enforcement regarding Sexual Harassment/Hostile Work Environment that has taken place at work. Then your employer cannot take adverse employment action against you in response. Such as terminating your employment or refusing to give you a raise that you would have otherwise received had you not complained to authorities.
Despite the fact that retaliation prohibits by law. Many employers engage in retaliatory conduct in an effort to “punish” the employee for daring to speak out, or even to intimidate the employee and silence them from making further disclosures that could hurt the company.
Still, it’s not always a simple matter to prove that your employer retaliates against you illegally. In order to successfully establish retaliation. You will not only have to show that your employer took adverse employment action against you. But also that the adverse employment action was directly linking to the exercise of legal rights. Which is relating to the Sexual Harassment/Hostile Work Environment claims at issue.
Prestige Law Firm is a boutique litigation firm whose attorneys have extensive experience representing clients in a variety of disputes. Including employment-related disputes that center around sexual harassment and hostile work environment claims.
We understand just how difficult it can be (from an emotional, social, and financial perspective) for an employee to challenge the status quo and pursue their claims publicly. As such, we commit to helping clients through every stage of the litigation process — it is our belief that by guiding clients thoroughly. We are able to alleviate some of the stress and frustration associated with employment-related litigation and maximizing the likelihood of recovery.
Ready to move forward with your sexual harassment claims? Call Prestige Law Firm at 818-788-0808 or send us a message online to request a free, confidential, and no-obligation consultation with one of our skilled employment lawyers in Palmdale, CA. We look forward to assisting you.
