Sexual Harassment

Sexual harassment in the workplace is a type of sexual discrimination. Harassment is unwelcomed sexual behavior such as touching, name-calling, or stalking. The victim of sexual harassment can be either a man or a woman. The victim can be the same sex as the harasser or opposite sex. Despite the fact that sex discrimination laws have been around for many years, sexual harassment and sex discrimination continue to plague the workplace. The federal Equal Employment Opportunity Commission receives thousands of sexual harassment claims each year. Employers who sexually harass employees or permit harassment to continue unchecked would have violated the law and would face serious consequences. Furthermore, the victims of sexual harassment are entitled to hold those who harass accountable by seeking compensation through a civil claim. If you are in need of an employment lawyer because you have suffered sexual harassment it is important that you immediately contact an experienced Los Angeles Sexual Harassment Lawyer who will make sure your employer is held accountable for violating the law.

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). FEHA’s definition of sexual harassment is quite broad and includes harassment based on sex or of a sexual nature; gender harassment; and harassment based on pregnancy, childbirth, or related medical conditions.

Title VII of the federal Civil Rights Act of 1964 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.

Actions that Amount to Sexual Harassment

There are many actions in the workplace that would be considered sexual harassment if unwelcome, including:

• Requests for dates or requests for sex
• Threats or bribes for unwanted sexual activity
• Sexual innuendos and comments
• Intrusive sexually explicit questions
• Sexually suggestive sounds or gestures
• Sexual touching, e.g. patting, punching, stroking, squeezing, or tickling
• A neck or shoulder massage
• Staring a person’s sexual parts
• Spreading rumors about a person's sexuality
• Frequent sex jokes
• Letters, notes, emails or telephone calls of a sexual nature
• Displays of materials with sexually explicit or graphic content
• Stalking a person
• Sexual assault
• Actual or threatened retaliation

Example

In Amanda Vandervoort v. Fontana Unified School District and John Garcia, Vandervoort was an administrative employee in the school’s police department who alleged that she was repeatedly sexually harassed and assaulted by the school police officer. She did not report the first incident because she felt threatened and afraid. After additional incidents, including incidents involving other females, here was an investigation and the officer was placed on administrative leave and ultimately terminated. Vandervoort filed a lawsuit for sexual harassment, failure to prevent harassment and other claims, and prevailed on her claims. The jury awarded Vandervoort damages in the amount of $1,487,000. In addition, the jury also found that Garcia had acted with malice, fraud or oppression. However, Garcia stipulated to $5 million in punitive damages, in lieu of a punitive-damages trial.

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 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 1-855-52LA-LAW (1-855-525-2529) to schedule a free, no obligation consultation regarding your concerns related to your employment.

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