There is a very important question that people do not think to ask but they should: what constitutes harassment? Harassment can be anything that has to do with making an individual feel uncomfortable. Once the individual has expressed their discomfort and request a change, if that request is ignored or causes the situation to get worse that is harassment. There are several different types that you have to be aware of. However we will majorly look at sexual harassment in California.
California state laws and Federal offer powerful protections against workplace sexual harassment and what would appear to be perfectly legal, when co-workers date, can give rise to liability under certain circumstances – and a situation where a sexual harassment lawyer may become necessary:
1. When that relationship is based on anything other than mutual consent.
2. Where the relationship spills over into the workplace creates a hostile work environment with inappropriate touching, sexual banter and sexually charged verbal comments.
3. When the relationship sours and there is retaliation. When a subordinate, for example, decides to end a relationship with his or her superior, a hostile environment may result from the disappointed individual. It becomes sexual harassment when retaliation occurs and the employer ratifies the retaliation by firing or harassing the victim.
4. When the relationship is a quid pro quo. This is a Latin term (translation: “this for that”) that can mean getting hired, or receiving a raise, a promotion or preferred assignments that are contingent on sexual favors or maintaining a relationship.
5. When a romantic advance is refused. If someone has refused the advances of a superior, then observes a co-worker who accepted similar advances from the same person who then receives a promotion or other benefits, it may be the basis of a sexual harassment claim. The law requires the employee to show substantial evidence of retaliatory intent following a termination.
In all instances where the services of a sexual harassment attorney may be warranted, it is beneficial to keep a diary of events and to report complaints with human resources departments when something occurs which feels wrong and appears to constitute inappropriate sexual conduct in the workplace.
Hire an experienced sexual harassment attorney
Your wages may be lost and your career damaged if you are subject to a hostile work environment relating to inter-company romantic relationships. With skilled and experienced http://www.california-labor-law-attorney.com/. legal counsel, those damages can be mitigated with recovery of lost wages and damages due to emotional distress.
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