Sexual harassment is a type of unlawful sex discrimination, and employees have the right under the law to work free from such harassment. Sexual harassment can take many forms, and some employees are uncertain whether they experienced annoying conduct or whether it rises to the level of unlawful harassment. If anyone suspects they might have experienced unlawful conduct, they should consult with a sexual harassment attorney in San Francisco as soon as possible. The legal team of Minnis & Smallets is ready to help.
The most recognized type of sex-based harassment involves one person engaging in sexually-related conduct against someone of the opposite sex. However, there are other types of harassment that fall under the “sex and gender” category:
LGBTQ employees experience sex-based harassment regularly, and this is often overlooked. Whether someone is making sexual advances or harassing someone because of their LGBTQ status (or another related reason), they should never hesitate to discuss the matter with a sexual harassment law firm.
Generally, unlawful harassment requires a hostile work environment. This is true for harassment based on age, race, disabilities, and other characteristics. Hostile work environment is only one type of workplace sexual harassment, however, as “quid pro quo” harassment can also occur.
If colleagues or someone else affiliated with an employer engages in unwelcome conduct that occurs because of the employee’s sex, gender, or another protected category and sufficiently offends, humiliates, or distresses an employee, it might be a hostile work environment. The conduct might involve jokes, unwanted touching or gestures, displaying inappropriate pictures, making sexual advances, and much more.
When an employee reports this conduct to the employer, the company is expected to take the necessary action to protect employees from future harassment. If an employer allows the conduct to continue, it constitutes hostile work environment harassment, and the employer should be liable for the harm caused.
Quid pro quo is a serious form of harassment when the harasser is a boss or has authority over an employee’s job. The harasser makes an unwanted sexual advance and either:
An employer is always liable for quid pro quo harassment – the employee does not need to complain and give them the chance to rectify the situation first. If anyone experienced this type of sexual harassment, never wait to consult with a knowledgeable attorney.
The law firm of Minnis & Smallets stands up for employees who experience workplace sexual harassment in the Bay Area. This type of harassment is common in California workplaces, including big tech companies, entertainment industry businesses, and more. We are here to assess your rights and advise you on the best course of action to hold your employer accountable for the conduct you endured. Contact us for a free case evaluation today.
If you are looking for advice or representation, please contact us today using the form below and we will promptly respond to your inquiry.
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