UNITED EMPLOYEES LAW GROUP

United Employees Law Group Transparent Logo
Menu
(888)545-0013
Edit Content
Logo1 | Employment Lawyer | United Employees Law Group
United Employees Law Group’s lawyers have assisted thousands of employees for over 19 years. We can assist you in navigating complex employment laws, and take legal action, if necessary.

Follow Us On:

Instagram Facebook Map-marker-alt
.
United Employees Law Group Transparent Logo
(888)545-0013

Category: Sexual Harassment

Sexual Harassment in the Workplace: Recognize the Signs

Majority of employees and employers view sexual harassment from the perspective that it only entails a worker asking for sex from another worker. This is not the case. Sexual harassment in the workplace is a form of sexual discrimination based on both verbal and non-verbal behavior such as uncalled for sexual gestures and indecent sexual comments. This leads to extreme obstruction of an employee’s productivity and breeds an uncomfortable workplace setting. It is a violation of the Title VII Civil Rights Act of 1964 that seeks to curb sexual harassment. This article focuses on types of sexual harassment in the workplace. Majority of employees and employers view sexual harassment from the perspective that it only entails a worker asking for sex from another worker. This is not the case. Sexual harassment in the workplace is a form of sexual discrimination based on both verbal and non-verbal behavior such as uncalled for sexual gestures and indecent sexual comments. This leads to extreme obstruction of an employee’s productivity and breeds an uncomfortable workplace setting. It is a violation of the Title VII Civil Rights Act of 1964 that seeks to curb sexual harassment. This article focuses on types of sexual harassment in the workplace. There are two categories of sexual harassment that are acknowledged by the law. Quid pro quo: In this case, recruitment, promotion and remuneration of employees is solely based on their willingness to offer sexual favors to the persons mandated to perform these processes. For instance, a department manager can threaten an employee of denying him/her a promotion unless sexual favors are extended. A male supervisor can also suggest to a female worker to dress in a suggestive manner to get the attention of the boss. All these acts amount to this kind of sexual harassment. Hostile work environment: This arises when the work context is dictated by antagonism and coercion as a result of irrational sexual behavior by colleagues, greatly curtailing an employee’s productivity. This is manifested in the form of explicit sexual discussions, uncalled for sexual advances by a colleague, disrespectful sexual remarks and jokes as well as displaying materials that advance immoral sexual behavior. Further, if a colleague makes romantic gestures to a fellow colleague and they are turned and the person persists doing it regardless of knowing the truth, this is tantamount to sexual harassment. The offended employee has the obligation to file a complaint through the help of an employment attorney. While these are the most prevalent forms of sexual harassment, there are other behaviors that can cause the workplace to become uncomfortable. Indirect sexual harassment can be diffucult to identify. In some situations, a non-partisan in sexual harassment may indirectly bear the consequences of sexual harassment. This results in a case where an employee agrees to a sexual favor requested by a supervisor in order to be hired or get undeserved promotion denying the chance to a person who deserves it through meritocracy. In such a scenario, the plaintiff has the right to file a complaint against the offender. As a final point, it is the mandate of employees to ensure sexual harassment in the workplace is addressed by having relevant and sound polices that ensure the perpetrators face the consequences of their actions. Employees should also report such cases when they happen in order to get justice. Do you recognize the behaviors described above in your workplace? Contact us today to see if you may have a case. Photo Credit: Shutterstock/Photographee

California’s New Bills: Sexual Harassment

California state legislation has been at the forefront by passing several bills that prevent sexual harassment in the workplace as well as within the state legislature. The package of bills was signed by the Governor of California, Edmund G. Brown on September 30th, 2018. These bills were put in place in support of women, children, working families in California. Many of these bills addressed sexual harassment and discrimination in the workplace and provide sexual training requirement to address professional liability, settlement agreement and enforcement, and strengthen whistleblower protections by including new protection for state legislature workers. Key Areas Covered By The New Bills •Discrimination of any kind to employees on basis of gender, pregnancy, maternal related matters or race. The Fair Employment and Housing Act (FEHA) describes such actions as unlawful and can be sued in a court of law. •Provision of free and compulsory training for at least two hours to inform victims and employees on actions that are considered discrimination, required for any organization with more than 50 employees. •That a single harassment case is enough for an institution to be deemed an unsuitable and unsafe working environment. •Requiring employees to sign any form of documents that prevents them from reporting any harassment is illegal and will liable to employers. •In the event of any harassment which the employer is aware of and fails to report to the authorities, the employer will be liable and will have contravened the new bill passed to protect employees in the workplace. Frequently Asked Questions Here, we explore the commonly asked questions that might help you: i) What constitutes harassment at work place? Harassment at workplace includes any discrimination against age, sex, pregnancy, religion, marital status among other factors. ii) Is harassment unlawful? Depending on the impact it has on the victim, harassment can be legal or illegal. If it makes the victim feel physically, mentally or emotionally tortured, the it is illegal. iii) Where can one report harassment at workplace? You can report to your employer who will take the necessary action. In the event he fails to, you may contact an attorney, such as our professionals at United Employees Law Group. United Employees Law Group Jeff C Lake formed a group of lawyers who have a vast knowledge on all possible forms of harassment at workplace. Such cases include sexual harassment, overtime violations, class actions as well as unlawful termination of work. The lawyers have a great deal of knowledge on these subjects and will work with you to approach any case you present to them from many angles. No one wants to live a life undergoing mental torture because of something unlawful done to them. Be bold and report any possible action that you feel constitutes harassment. If you or someone you know has experienced any injustice within the workplace, be sure to contact the United Employees Law Group today! Photo Credit: Shutterstock/ Photographee.eu

The Different Types Of Sexual Harassment

As a human being that wants to be treated fairly, you would hope you would never be put into a position as an employee that would deal with getting sexually harassed. Unfortunately, sexual harassment is something that happens every single day. From small family owned businesses to huge multi-million dollar corporations, sexual harassment can happen anywhere to anyone. Facts About Sexual Harassment There are some pretty astounding stats that not only deal with sexual harassment in California but the United States as a whole. In 2015 The Equal Employment Opportunity Commission received over 28,000 reports of sexual harassment. In another survey, 25% of woman have claimed sexual harassment in the workplace – that means 1 in 4 women. However, the EEOC has taken that a step further and said that those numbers can go as high as 85%. In fact, in 2018 another survey found that the 85% was much closer to the real number than the original 25%. 1- According to this survey which was done by Stop Street Harassment, which could be filled out online, 81% of woman have been sexually harassed. Men on the other hand also saw a staggering 43% of claims. The EEOC has also stated that in 2015 victims of the various sexual harassment claims recovered over $165 million! These numbers were due to compensation as well as legal fees. While all these stats are important, you should also be aware of the two types of sexual harassment that are happening, that way you can educate yourself and know if something is happening that shouldn’t be. Quid Pro Quo Sexual Harassment In California Quid Pro Quo is Latin and its literal translation means “this for that.” When talking about sexual harassment in California and the Quid Pro Quo type of harassment, we’re talking about a person – usually, a manager or supervisor making sexual advances, asking for sexual favors, or even hinting at anything sexual in exchange for employee benefits. These benefits could include items such as: Travel Opportunities Better Shift Availability A Promotion Better Pay A Better Office These are not the only instances of quid pro quo, it comes in many forms, it also deals with opposite-sex sexual advances as well as same-sex advances. A Hostile Work Environment A hostile work environment is very similar to a quid pro quo sexual harassment, but there are a couple of differences. Instead of an authoritative figure exchanging or offering up employee benefits, the figure could just give you unwelcomed sexual comments, make advances, flirt with you even though you’ve asked them to stop, etc. These sexual harassment acts can go from being innocent to pretty extreme, which in turn makes you or your workplace feel hostile, threatened, or offensive. A hostile work environment could also keep you from doing your job properly. Also, in a hostile work environment, the harasser isn’t always an authoritative figure. Instead, it might be a co-worker or a 3rd party such as the cleaning crew that comes in, suppliers for the company, or even delivery people! Examples of a hostile work environment can include: Repetitive dirty jokes Images, Videos, Memes, Cartoons, etc that are sexual in nature Emails that are being written with sexual undertones Repetitive unwanted touching, rubbing, groping or anything else that is done without your consent. As if this weren’t bad enough, you might not have even thought about what this can do to a person. If someone is at work and going through this they could start to feel guilt, shame, anxiety, nervousness, depression or even self-blame. The number of physical, emotional and psychological side-effects are crazy when it comes to sexual harassment in California. Thankfully a lot of workplaces do have guidelines and rules to deal with sexual harassment and it can come to a stop as quickly as you speak up. Not all workplaces will have policies though, so if you find that you are going through either a quid pro quo or hostile work environment sexual harassment situation and nothing is being done about it, it’s time to hire a lawyer. A lawyer will be aware of what your rights are and is willing to fight for you and your rights.         Photo Credit: Shutterstock Ditty_about_summer/Dmytro Zinkevych