Sexual Intimidation

Despite federal and state law, sexual harassment in the workplace occurs on a regular basis. The federal Equal Employment Opportunity Commission receives thousands of sexual harassment complaints each year. 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 intimidation. Sexual intimidation occurs when an employer engages in conduct meant to threaten an employee into committing a sexual act or engaging in sexual activity. The intimidation forces the employee to engage in a sexual act against his or her will. Because sexual intimidation is a type of sexual harassment, it is also a type of sexual discrimination that violates both California state law and federal law. The consequences of sexual harassment in the workplace are serious. Managers, supervisors and co-workers who sexually harass other employees by coercing sex acts through threats 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 were the victim of sexual intimidation at work it is important that you immediately contact an experienced Los Angeles Sexual Intimidation Lawyer who will make sure the person who harassed you is held accountable for violating the law.

Sexual intimidation can involve a number of different actions, some of which are subtle while others are overt. The victim often succumbs to the intimidation either because the he or she is physically unable to resist or because he or she is afraid to resist.

• Unwanted touching 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
• Giving the employee special gifts or advantages so that the employee fees obligated to respond to sexual requests
• Threat of loss of job, demotion or pay cut

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 civil claim in order to hold the harassing party accountable for his or her actions. Through a civil claim, you may receive compensation that may include compensation as well as injunctive relief prohibiting the defendant from engaging in the harassing behavior. While in many cases the employee who engaged in the harassing conduct would be held responsible for the harassment, in some cases the company will be held responsible as well. For example, Brooke Anderson, an employee of Fresno-based Artifer filed a claim with the California Department of Fair Employment and Housing (DFEH), claiming that Ramez Suliman, the president and on-site manager, routinely harassed the female employees, relating his sexual escapades to them in graphic detail, commenting on their appearance and attire in a suggestive manner, and asking them for dates and to engage in sexual conduct. While the DFEH found Suliman liable for his harassing actions, it also found that Artifer was liable for failing to take all reasonable steps to prevent sexual harassment and sex discrimination. It found that Artifer failed to:

• Distribute an anti-harassment policy to employees
• Enforce its anti-harassment policy
• Provide managers with the sexual harassment training

Anderson was awarded over $85,000 in damages.

If you have been the subject of sexual intimidation or coercion at work 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 sexually harassed 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. 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.