Harassment in the workplace can affect not only the employee being harassed but the company as a whole. In general, unlawful harassment can be defined as conduct in the workplace that is offensive and based on one of the protected factors set out by federal and state laws. If you have been harassed in the workplace, harassment attorneys near Menlo Park can help.
California’s Fair Employment and Housing Act defines two types of harassment in the workplace:
While quid pro quo harassment only relates to sexual harassment, hostile work environment harassment does not need to be related to sex or gender or any sexual activity. Instead, hostile work environment harassment can be discriminatory in nature and based on the employee’s:
Harassing conduct is illegal when it is offensive, humiliating, or distressing, such that it disrupts an employee’s emotional tranquility in the workplace, affects the employee’s ability to perform the job as usual, or otherwise interferes with and undermines the employee’s personal sense of well-being.
Employees of a company have the right to work and be free from harassment while working. However, they are not the only people entitled to this right. Others who can file a workplace harassment claim include:
It is well known that harassment can be committed by a supervisor, manager, boss, or other superior, as well as coworkers. However, third parties, including clients or contractors not employed by the company, can also subject an employer to liability for harassment.
When someone other than a supervisor or boss creates a hostile work environment, the employer may be held liable where it acted negligently in regard to the harassment. Negligence on the part of the employer will be found where the employer knew or should have known about the harassment and failed to take appropriate action. When it is the supervisor or other boss who commits the harassment, the employer can be held strictly liable even absent any negligence.
If you have been the victim of severe or pervasive harassment in the workplace, call Minnis & Smallets LLP, your harassment attorneys near Menlo Park. Our skilled employment attorneys will fight for your right to work in an environment free from harassment and abuse. Visit our website to discuss your situation and your options today.