Under both federal and California state laws, employees are protected from discrimination based on their sex. Sexual harassment is considered to be a form of sex discrimination, and employers required to take measures to prevent harassment from occurring. If you experienced sexual harassment at work, you should discuss what happened and possible legal recourse with a sexual harassment lawyer in Oakland.
No one should be expected to work in a hostile work environment due to sexual harassment or worry about losing their job. You should never hesitate to contact the experienced legal team at Minnis & Smallets, LLP, about your rights and options. We are here to help.
Sexual harassment is offensive conduct or statements based on someone’s sex, sexual identity, or sexual orientation. Sexual harassment can involve sexual advances or ridicule based on being gay, bisexual, or transgender, or otherwise not conforming with gender or sex stereotypes. Many people associate sexual harassment with a male harassing a female employee, though harassment can occur between people of any gender, including same-sex harassment.
There are two different types of sexual harassment that might lead to a legal claim:
Quid pro quo harassment – This type of sexual harassment involves a boss or someone in an authority position making sexual advances toward an employee. The harasser makes their engagement in sexual conduct a condition of their employment, which might include:
This type of harassment is considered to be so serious that an employer does not need to have notice of the harassment or an opportunity to stop it before an employee has the right to take legal action.
Hostile work environment – When harassing behavior creates a hostile work environment for the victim, it constitutes unlawful harassment. A hostile work environment can be caused by either of the following:
With this type of sexual harassment, an employee should report the conduct as soon as they are offended or concerned. If the employer fails to take action to prevent further harassment, the employer should be held responsible for any harm caused.
In addition, employers are prohibited from retaliating against employees who complain of sexual harassment. For example, if an employee makes a complaint – even an informal one – the employer cannot then fire, demote, or assign the employee to a less desirable position or location.
At Minnis & Smallets, LLP, we believe that no one should have to endure sexual harassment at work, and we know this is an all-too-common occurrence. If you believe you were the victims of sexual harassment or related retaliation, contact us to speak with a sexual harassment attorney in Oakland today.