Sexual Joking

Sexual harassment is unwelcomed sexual behavior that can encompass a number of activities including making sexual jokes. Making sexual jokes and other types of sexual harassment in the workplace is a type of sexual discrimination that violates both state and federal law. While many believe that only a woman can be the victim of sexual harassment at work, in reality the victim of sexual harassment can be either a man or a woman. In other words, if a woman tells a sexual joke to a man, he may have a valid claim of sexual harassment against her. Furthermore, the victim can be the same sex as the harasser or opposite sex. Even though laws prohibiting sex discrimination have been around for many years, 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 through sexually charged jokes face substantial fines, penalties, and may be ordered to pay the victim damages. 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 Joking Sexual Harassment Lawyer who will make sure the person who harassed you is held accountable for violating the law.

Sexual Humor in the Workplace

While many people are amused by sexual jokes, many others find them to be offensive. Even those who are usually amused by sexual jokes may feel uncomfortable if the joke is aimed at them. Some people use sexual jokes as a way to make a sexual overture to another person. Sexual jokes are just one type of harassment directed toward the victim.

Sexual jokes in the workplace that may be considered harassment include the following types of communication:

• Jokes that are demeaning toward a particular gender
• Teasing someone about his or her sexual orientation
• Graphic descriptions of sex acts
• Jokes containing sexual language and profanity
• Sexual innuendo aimed at you
• Sexual comments about a person’s physique, clothing or appearance
• Sex jokes told to you or told to someone else loudly enough for you to hear
• Sexual jokes or cartoons emailed to you or left on your desk
• Rude or crude sexual gestures

If any type of sexual humor has made your feel uncomfortable or has made your workplace feel like a hostile environment, then you may have a claim for sexual harassment. According to the EEOC, sexual humor creates 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 Joking 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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