Sexual Advances

Sexual harassment is unwelcomed sexual behavior in the workplace that can encompass a number of actions. One of the most common is an unwelcome sexual advance. Making sexual advances to a subordinate or co-worker is a type of sexual harassment, also making it a type of sexual discrimination that violates both California state law and federal law. The prohibition against sexual harassment applies to both men and women. This means that it is a violation of the law for both men and women to sexually harass another person at work. Even though laws prohibiting sex discrimination have been around for many years, unwanted sexual advances and other types of sexual harassment continues to be a problem in the workplace. The consequences of sexual harassment are serious. Managers, supervisors and co-workers who sexually harass other employees by making sexual advances face substantial fines and penalties, and may be ordered to pay the victim damages. If you are in need of an employment lawyer because you have been sexually harassed at work it is important that you immediately contact an experienced Los Angeles Sexual Advances Sexual Harassment Lawyer who will make sure the person who harassed you is held accountable for violating the law.

Sexual Advances in the Workplace

Unwanted sexual advances are generally uncomfortable no matter where they occur. However, when they occur at work and are persistent, the result often goes beyond the victim feeling a little uncomfortable. The victim may become self-conscious and experience fear and nervousness. Furthermore, the result may be that the unwanted advance creates a legally hostile workplace for the victim.

While one of the most common types of unwanted advances is a co-worker, boss or supervisor asking another employee out for a date, unwanted sexual advances come in many forms including:

• Flowers, cards and gifts,
• Pressure to “hang out” after work or on weekends
• Sexual innuendo
• Sexual humor
• Inappropriate touching
• Flirting
• Sexual advances outside of the workplace

Sexual advances in the workplace can be difficult for the victim to manage because he or she does not want to make a scene at work, or does not want to make the environment at work even more uncomfortable. The victim often does not want to get the harasser in trouble at work. However, if the advances continue after you have made it clear that you want them to stop, then you may have a claim for sexual harassment.

According to the EEOC, sexual advances create a legally hostile work environment when “such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment.”

Anti-discrimination Statutory Provisions

Under California’s Fair Employment and Housing Act (FEHA), sexual harassment in the workplace is prohibited. FEHA is enforced by California's Department of Fair Employment and Housing (DFEH). Similarly, Title VII of the federal Civil Rights Act of 1964 also prohibits employers from discriminating against employees on the basis of sex. Sexual harassment is a form of sexual discrimination. Title VII applies to employers with 15 or more employees, including state and local governments. It also applies to employment agencies and to labor organizations, as well as to the federal government. It is enforced by the Equal Employee Opportunity Commission.

Consequences of Sexual Harassment in the Workplace

If you suffered sexual harassment in the workplace you have the right to file a complaint with the DFEH or the EEOC in order to hold the harassing party accountable for his or her actions. The consequences of violating the state or federal sexual harassment rules are severe including:

• The employer or employee may have to pay the victim compensation including lost wages and punitive damages
• The employer may have to hire or reinstate the victim
• The employer may have to pay fines and penalties
• The employer may have to enact changes in the polices or practices in order to prevent future violations of the law

Los Angeles Sexual Advances Sexual Harassment Lawyer

If you have been sexually harassed you should discuss the specifics of your case with an experienced employment lawyer. It is important that you do so immediately as there are time limits for filing sex harassment claims. The staff at VAKILI & LEUS, LLP has years of experience successfully representing clients in a variety of employment related cases including wage-and-hour claims, employment discrimination and other employment law violations. Contact us at 11-855-52LA-LAW (1-855-525-2529) to schedule a free, no obligation consultation regarding your concerns related to your employment.

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