Sexual Coercion

Sexual harassment is unwelcomed sexual behavior in the workplace that can encompass a number of actions. One of the most serious types of sexual harassment is sexual coercion. Sexual coercion involves a nonconsensual sex act. Because sexual coercion is a type of sexual harassment, it is also a type of sexual discrimination that violates both California state law and federal law. Furthermore, an act of sexual coercion may also be a criminal act. For example, rape is a form of sexual coercion and it is also a crime. The consequences of sexual harassment in the workplace are serious. Managers, supervisors and co-workers who sexually harass other employees by coercing sex acts face substantial fines and penalties, and may be ordered to pay the victim damages. If the harassment amounts to a criminal act, the harasser may face criminal prosecution. If you are in need of an employment lawyer because you were the victim of sexual coercion at work it is important that you immediately contact an experienced Los Angeles Sexual Coercion Lawyer who will make sure the person who harassed you is held accountable for violating the law.

The most serious type of sexual coercion is rape. According to the California Penal Code, rape is defined as nonconsensual sexual intercourse accomplished by threats, force or fraud. The criminal punishment for rape is imprisonment.

However, there are other types of sexual coercion that are quite serious, but do not amount to rape. Such actions include:

• Unwanted touch of breasts, genitals, or buttocks
• Kissing someone against their will
• Putting has up a person’s dress, up a person’s blouse, or down a person’s pants
• Forcing someone to commit a sexual act
• Pressing against someone’s body

Sexual coercion in the workplace is often difficult to for the victim to manage. While it may seem that the obvious response would be to report the event to someone at work or to the police, reporting sexual harassment is not always that easy. The harasser is sometimes the boss and the victim is often someone vulnerable because he or she needs to job. The victim is fearful of reporting the assault because he or she fears getting fired. However, it is important to understand that sexual coercion is not just a form of sex discrimination, it is also a crime.

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.

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

It is important to understand that it is also against the law to retaliate against someone for reporting sexual harassment. Thus, if you are fired because you reported a sexual assault, you have yet another basis for a claim of sexual harassment and sexual discrimination.

If you have been sexually assaulted by a co-worker, you should immediately discuss the specifics of your case with an experienced employment lawyer. You have the right to pursue damages from the person who assaulted you and from your employer. 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. Keep in mind that there are time limits to filing claims. 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.