East Bay Area Sexual Harassment Lawyers

Many employees have a basic understanding of what is and what is not considered sexual harassment at work, but may not know what to do if they have experienced harassment in the workplace. After experiencing sexual harassment in the workplace, it is crucial to talk with an attorney, who can help preserve evidence relating to the harassment and ensure that the employee preserves her rights. For example, the employee has only a limited period of time to preserve her rights by filing a claim with the Department of Fair Employment and Housing or the federal Equal Employment Opportunity Commission (EEOC). Failing to report a claim early enough could bar an employee from recovering compensation later.  Likewise, many people miss the opportunity to properly document their attempts to address the harassment with their employer. The best thing that can be done is to talk to a sexual harassment lawyer who can help build a record and preserve evidence of the harassment. 

Call Minnis & Smallets to speak with one of our experienced sexual harassment lawyers today.

What is Sexual Harassment?

Sexual harassment is any form of unwanted sexual advances or behavior that places an employee in a position where they feel that they cannot do their job. It can be a tough thing to define because it can happen in so many different ways, some subtle and others more overt. Some supervisors may use pretexts or subtlety in their comments because they believe that by changing the words that their actions are not considered harassment. Here are a few examples:

• Quid pro quo. In Latin, this means “this for that.” If a supervisor dangles an opportunity in exchange for sex, it is wrong, but the reality is rarely that black and white. Instead, a supervisor may suggest that a promotion could be earned by working more late nights alone with him. Or, perhaps a supervisor has implied that going out to dinner or having after-work drinks would help an employee get ahead faster. Also, wrong.
• Hostile Work Environment. This is maybe one of the largest subcategories of sexual harassment because most bosses do not directly say that they want sex in exchange for a promotion or keeping a job. Instead, a boss may enjoy commenting on an employee’s physical appearance, sometimes in front of others, in a way that makes the employee a sexual object rather than a valued part of the team. Maybe a coworker or supervisor routinely puts up nude or graphic and inappropriate pictures in their workspace. Perhaps there is a perpetual cycle of sexual jokes and remarks that are directed at a specific employee. The law does not expect this to be tolerated, and if it is bad enough, the law may say that an employee has been constructively terminated by the behavior.

What to do Before Leaving a Job

Unfortunately, some people stop going to work as a way to address the harassment. This is understandable but gives the perpetrating employer an out because they can claim that the employee stopped going to work and thus had to be terminated. Instead of quitting after experiencing sexual harassment, call a lawyer, who can explain what other options may be available. Our firm has helped countless employees understand the procedure for notifying the supervisor of the inappropriate behavior and their desire for it to stop. We help people to document the incidents and attempt to stop the unwanted advances. If the employer fails to take the message or tries to retaliate, there is a strong case against them for sexual harassment.

Call Minnis & Smallets today. Our team has years of experience helping clients throughout California who have experienced sexual harassment. It is essential to take immediate action. Call us today.