A Sexual Harassment Lawyer Can Seek Justice
Harassment based on sex is a category of workplace discrimination that includes gender, pregnancy, childbirth, and sexual harassment. Gender, pregnancy, and childbirth harassment entail discrimination based on stereotypes associated with gender and societal expectations.
Sexual harassment occurs when an employee is subjected to unwelcome sexual advances in the workplace or sexual conduct. In sexual harassment cases both genders can be harassed by someone of the same or opposite sex of them, regardless of the harasser's sexual orientation. There are two major categories of sexual harassment, quid pro quo and hostile work environment.
Quid Pro Quo
Quid pro quo sexual harassment occurs when a supervisor conditions employment or an employment benefit on a subordinate submitting to or tolerating sexual acts. There only needs to be one act for this type of harassment. Examples of employment benefits include raises and promotions.
Hostile Work Environment
Unlike quid pro quo sexual harassment, hostile work environment sexual harassment usually requires a pattern of harassment. This type of harassment requires that the conduct is severe and pervasive enough to create an abusive or offensive work environment. There are many factors that are considered when determining if there is a hostile work environment including:
- If the harasser is a co-worker or supervisor
- The frequency of conduct
- The nature of the conduct
Employer Liability and Responsibilities
An employer is strictly liable for the harassment of a manager. When an employer knows of harassment an employer is required:
- To take all reasonable steps to prevent discrimination and harassment from occurring
- To take immediate action to objectively investigate, remedy (if there is harassment), and prevent harassment
- To refrain from retaliating against an employee who complains about harassment
Below is a video the Department of Fair Employment and Housing created that addresses harassment in the workplace.
Contact a Dedicated California Employment Law Firm
Thyberg Law is located in Roseville and represents clients throughout California, including the cities of Roseville, Folsom, Sacramento, Lincoln, Auburn, El Dorado Hills, and the surrounding areas. Call Thyberg Law at 916.204.9173 or contact us online to schedule an appointment with a sexual harassment lawyer.