Harassment Attorneys Near San Francisco

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 San Francisco can help.

Harassment in California

California’s Fair Employment and Housing Act defines two types of harassment in the workplace: 

• Quid pro quo harassment: this type of harassment is sexual in nature. It occurs when an employer, supervisor, manager, or another person in a position of power within the company asks an employee to engage in sexual activity in exchange for some work benefit such as a promotion or job retention, or makes an unwelcome sexual advance with an express or implied threat that if the employee refuses, he or she will be terminated or demoted. 
• Hostile work environment: this type of harassment occurs where the conduct of another person in the workplace creates a hostile, offensive, or intimidating environment for the employee. 

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: 

• Race
• Religious creed
• Color
• National origin
• Ancestry
• Disability or medical condition
• Sexual orientation 
• Gender identity or gender expression
• Age
• Military and veteran status 

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.

Who Can File a Workplace Harassment Claim?

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: 

• Paid or unpaid interns 
• Volunteers 
• Those applying for employment 
• Independent contractors, or those people who are not employees who work directly for an employer but provide services under a contract 

Who Can be Liable for Workplace Harassment?

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. 

What if I am the Victim of Workplace Harassment?

If you have been the victim of severe or pervasive harassment in the workplace, call Minnis & Smallets LLP, your harassment attorneys near San Francisco. 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.