Representing the Rights of Sexual Harassment Victims in Los Angeles
This event, along with others like it, highlights the prevalence of workplace sexual harassment. Such behavior doesn’t always have to be as extreme as Weinstein’s accusations. Even subtle actions, without physical contact or explicit quid pro quo propositions, can constitute harassment. In fact, these subtler forms are more frequent than the direct, overt actions like those Weinstein was accused of.
Fortunately, both state and federal laws provide protections and remedies for those facing harassment. Regardless of your gender, if you’re a victim of harassment, you have legal rights. However, these rights are only beneficial if you actively assert them. It’s crucial to take advantage of the legal options at your disposal. If you are dealing with sexual harassment, it’s essential to take steps to stop it and seek compensation for any financial loss, emotional distress, legal fees, interest on damages, and possibly punitive damages.
At Winer, Burritt & Scott, LLP, we are dedicated to understanding your workplace situation and advising you on the merits of a potential claim, all without any initial cost. For a free consultation with our Los Angeles Sexual Harassment Lawyer, please contact us at (510) 433-1000 or via our online contact form.
Understanding Sexual Harassment
Sexual harassment is defined by state law as any unwelcome sexual conduct. It can take many forms, including visual, verbal, or physical actions driven by sexual motives. Harassment includes gender-based misconduct, even if the harasser and the victim are of the same gender. State laws specifically prohibit actions such as:
- Visual harassment, including prolonged staring, making sexual gestures, or displaying sexually explicit materials such as images, cartoons, or posters.
- Verbal harassment, which involves derogatory comments, curse words, sexual slurs, inappropriate jokes, or any other type of verbal sexual abuse.
- Physical harassment, which includes any unwanted physical contact, assault, or actions that restrict someone’s movements against their will.
- Offering job benefits in exchange for sexual favors.
- Threatening or taking retaliatory actions after a victim rejects sexual advances.
Both federal and California laws recognize two primary types of sexual harassment. The first type could potentially be named after Mr. Weinstein, depending on the outcome of his case. This form occurs when a supervisor or boss implicitly or explicitly forces an employee to choose between engaging in sexual activity or facing consequences like job loss or missed career advancement. For detailed information on federal or California laws, consulting a sexual harassment attorney in Los Angeles is recommended.
Another recognized form of harassment is known as “quid pro quo” (Latin: this for that). This practice involves employees being pressured into providing sexual favors in exchange for job security, promotions, or raises. Even an implicit demand for sexual activity can be enough when there is a power imbalance in the workplace. Under the threat of job loss or a stalled career, the victim may feel coerced into compliance.
Unlike other forms of harassment, quid pro quo harassment is less common but still problematic due to its “he said, she said” nature. Many victims have not come forward because they feared they wouldn’t be believed. However, if there is clear evidence, such as emails, texts, or phone records, the employer will face significant penalties. California law makes it explicit that managers who exploit their authority for sexual favors in exchange for job promotions or security are held strictly liable.
Strict liability means that if the complainant prevails, the employer is automatically held responsible without any available defenses to reduce or eliminate that responsibility. Should the plaintiff win the case, they may recover substantial compensation for various losses and damages. This can include lost wages, financial losses beyond the awarded compensation, emotional distress, attorney’s fees, interest on the damages, and possibly punitive damages. Punitive damages may be awarded when it is proven that higher-ups in the company were aware of the harassment but did nothing to address it.
The second type of sexual harassment is known as Hostile Work Environment (HWE). This occurs when harassment becomes so frequent or offensive that it creates an intimidating, hostile, or offensive workplace atmosphere. This can involve a series of minor incidents, such as suggestive comments, inappropriate jokes, or unwanted physical contact, that may seem insignificant individually but collectively contribute to a hostile environment. In some cases, a single extreme event may also trigger HWE. Whether the behavior is pervasive or severe enough to create a hostile work environment is determined in a hearing or trial. Our Los Angeles sexual harassment lawyer can explain these legal distinctions in greater detail.
It’s important to note that supervisors can foster a hostile work environment without directly harassing the complainant. This atmosphere may arise when supervisors or colleagues engage in outrageously sexual behavior, such as making lewd comments, telling inappropriate jokes, or making offensive remarks, even if not directed at the complainant. Similarly, a hostile work environment can also occur when a female employee witnesses such behavior aimed at other women, even if she is not the specific target of the harassment or misconduct.
Courts may also hold employers strictly liable for a hostile work environment under certain conditions. Under California law, if a supervisor harasses an employee, the employer can face strict liability for the resulting damages. However, if the harassment originates from another employee who is not a supervisor, the employer is only liable if a supervisor knew or should have reasonably known about the harassment and failed to take immediate and appropriate action to stop it.
Under federal law, even if a supervisor harasses an employee, the employer may not be held liable if:
- The employer took adverse actions, such as firing or demoting the employee who reported the harassment.
- The employer demonstrates that it took reasonable steps to prevent harassment and acted promptly upon learning of the incident.
- The employer can show that the harassed employee did not reasonably use the preventive or corrective measures provided by the company.
Unfortunately, this situation restricts employees who may withhold information about sexual harassment due to fear of retaliation. However, in California, the law places no limit on an employer’s liability for harassment committed by a supervisor, making California state courts a more favorable venue for pursuing harassment claims.
Before filing a lawsuit against your employer, you or your lawyer must first submit a complaint to either the federal Equal Employment Opportunity Commission (EEOC), the California Department of Fair Employment and Housing (CDFEH), or both. These agencies are required to investigate the case before a lawsuit can be filed, allowing for the possibility of recovering damages.
Once a sexual harassment claim is made to your employer or any regulatory agency, the law protects you from workplace retaliation, including demotion, termination, or other negative work conditions. This protection also extends to any potential witnesses involved in the case.
No matter where you decide to file your complaint, it’s critical to consult a Los Angeles sexual harassment lawyer, as the statute of limitations is strict. For instance, if you are being harassed by your boss or coworkers, you must file with the EEOC within 180 days and with the CDFEH within one year.
Employer Responsibilities in Addressing Sexual Harassment
It is not only practical but also essential for employers to establish measures that prevent and address sexual harassment in the workplace. Implementing these procedures benefits the company by preventing or quickly handling such disruptive behavior.
In California, this isn’t merely a suggestion; it’s a legal obligation. Businesses with 50 or more employees, including independent contractors, must provide sexual harassment prevention training to all supervisory personnel every two years. New supervisors are required to complete this two-hour training within their first six months. The training must cover several key areas:
- Understanding the legal definitions of sexual harassment according to both state and federal regulations.
- Recognizing actions and behaviors that qualify as sexual harassment.
- Becoming familiar with company and governmental policies that assist victims of sexual harassment, including procedures for reporting and available support resources.
- Learning strategies to prevent sexual harassment in the workplace.
- Knowing the duty of supervisors to report any instances of sexual harassment.
- Understanding the steps employers must take to address and correct harassing behavior.
- Guidance for supervisors on how to respond if they are accused of harassment.
- Outlining the elements of a strong anti-harassment policy and how to implement it effectively.
Guidelines for supervisors on how to respond if they are personally accused of harassment, as well as the key components of an effective anti-harassment policy and the steps required to implement it properly. This list is not exhaustive. While the state does not issue licenses for sexual harassment trainers, it recognizes three categories of qualified individuals to conduct this training:
- Attorneys who are members of any state’s bar with at least two years of experience, where their practice includes employment law related to the Fair Employment and Housing Act or the federal Civil Rights Act of 1964.
- Human resources professionals or harassment prevention consultants with a minimum of two years of experience in developing or delivering training on discrimination, retaliation, and sexual harassment prevention, handling related complaints, conducting investigations, and advising employers or employees on these issues.
- Instructors from law schools, colleges, or universities who hold a graduate degree or a California teaching credential and have at least 20 hours of instruction on employment law under the Fair Employment and Housing Act or the Civil Rights Act of 1964.
Employers in California have additional responsibilities under the law. These broader obligations include:
- The duty to prevent harassment by ensuring all necessary steps are taken to avoid discrimination or any form of harassment. This includes creating guidelines and procedures for addressing harassment.
- The obligation to distribute the California harassment pamphlet to all employees, regardless of the company’s size.
- The requirement to maintain a written policy against harassment, discrimination, and retaliation that meets specific regulatory standards. The policy must outline the employer’s complaint process, mandate that supervisors report complaints, and ensure a proper investigation is conducted in response to a harassment claim. Employers must also secure written acknowledgment from employees that they have received this policy.
- The responsibility to provide supervisor training, which applies to all employers with 50 or more employees.
- The duty to conduct a prompt and appropriate investigation of complaints. The law requires immediate action to prevent harassment when it is known or should have been known by the employer, its agents, or supervisors. Employers may be held liable if they fail to implement adequate measures to prevent discrimination or harassment.
If You Are a Victim of Sexual Harassment, Contact Our Los Angeles Sexual Harassment Lawyer
Legal consultation is crucial for victims of sexual harassment in Los Angeles. Winer, Burritt & Scott, LLP has attorneys experienced in these cases who can help you understand your rights. Given the strict filing deadlines for these types of claims, it is essential to act quickly. Contact our Los Angeles Sexual Harassment Lawyer without delay.
The team of attorneys at Winer, Burritt & Scott, LLP is here to protect your legal rights in such cases. You can reach them at (510) 433-1000 or through their website for assistance.
We do not represent individuals accused of sexual harassment or those charged with engaging in such behavior.