Campbell Sexual Harassment Lawyer
In California, employers must comply with many work-related laws that protect the rights of employees. Working in hostile conditions is difficult and disheartening for employees. Although an employee may know that their employer is doing something wrong, that employee still may feel that he or she does not have the power to challenge their employer. After all, your employer is the person who signs your paycheck and whom you depend on for your livelihood. It is important to remember that you do have rights. Federal laws, including the Civil Rights Act of 1964 (Title VII) and California laws, protect employees from being discriminated against or harassed based on their sex. Sometimes, it might be difficult to determine whether the conduct you are facing rises to the level of illegal harassment. If you feel uncomfortable at work because of the behavior of coworkers or your employer, contact a Campbell sexual harassment lawyer to discuss your claim, your rights, and your legal options.
At the Costanzo Law Firm, our attorneys provide dedicated representation to hard-working individuals in Campbell, California. Call us today at 408-993-8493 to learn how we can help you.
Sexual Harassment in Campbell, California
Employees in Campbell, California, may struggle to define the behaviors that constitute sexual harassment. There are cases where one incident might not meet the level of harassment that the law penalizes. However, if an action is particularly egregious, or if less severe actions occur regularly or frequently, there is a chance that the behavior is prohibited by law.
Some examples of harassing behavior include sexual gestures, images, or objects that are present in the workplace and make the environment uncomfortable for employees. Verbal conduct, including sexually-related insults, slurs, innuendos, or abuse, may also meet the level of sexual harassment prohibited by California State Law. Unwanted touching and assault will also be included as forms of harassment as well as threats based on retaliation from an employer if the employee refuses sexual advances.
Quid pro quo sexual harassment involves the offering of benefits in exchange for sexual conduct. The legal phrase quid pro quo is used in other situations as well, but in the context of sexual harassment, if a supervisor or person in a place of power over you offers you a promotion, new position, or another workplace benefit in exchange for engaging in sexual relations with that individual, this scenario is referred to as quid pro quo sexual harassment. Another example is when employers threaten to fire, demote or transfer an employee unless that individual engages in sexual conduct with the employer. Individuals subjected to this form of harassment will often be able to recover damages and compensation from their employers. If you lost wages, suffered emotional distress, or incurred other work-related losses as a result of quid pro quo sexual harassment, you might be entitled to compensation, possibly including punitive damages from your employer.
Hostile Work Environment sexual harassment
Hostile work environment sexual harassment can include much more subtle forms of wrongful behavior than one might experience in any case of quid pro quo sexual harassment. If your employer or coworkers make suggestive remarks, discuss sexual activities, share sexually explicit content, make inappropriate sexual jokes, share sexually suggestive or pornographic images, or ask invasive questions regarding a person’s sexual history, this conduct can create an environment that is considered hostile to many employees. Although one inappropriate joke or image might not be enough for the employer to be considered in violation of the law, if there is a pattern of behavior, you might have a claim. In some cases, such as an event of physical contact, even a single incident might be enough to hold the employer liable. If the harassment is occurring between coworkers and is not related to a supervisory employee harassing someone working for them, the employer can still be held liable, but only if the employer knew or should have known about the harassment and did not take action to stop such behavior.
There are federal and state laws preventing sexual harassment in the workplace. Whether to file a claim based on those federal laws or state laws will depend on your specific case. In many instances, it makes more sense to file in California state court as the laws provide more protection.
How to File a Claim for Harassment in Campbell, California
If you are facing sexual harassment at your place of work, you might be confused about what to do to stop the unwanted and hostile behavior. Contacting an experienced attorney is often your best first step. Your complaint could be made with the federal Equal Employment Opportunity Commission or the California Department of Fair Employment and Housing. After completing the process with the appropriate agency, you may be able to file a claim in civil court and seek money damages against your employer.
Your employer is obligated to protect against harassment in the workplace. If your employer is failing to do so, call a Campbell, California, employment law attorney today to discuss your legal options.
Call the Costanzo Law Firm Today for Help With Sexual Harassment in Campbell
At the Costanzo Law Firm, our attorneys are dedicated to protecting the rights of California’s hard-working citizens. Call us today at 408-993-8493 to discuss your claim and learn how we can help you.
