Harassment
Harassment based on gender, race, national origin, age, pregnancy, disability, religion, etc is not just bad; it’s also against the law in the workplace. Every business in California is required to take all immediate and reasonable steps to prevent harassment from occurring in the workplace. Our attorneys are prepared to vigorously pursue your claim.
If you’ve encountered harassment at your workplace and your employer hasn’t taken action to stop it, we recommend you contact us right away in order to maximize the value of your claim and begin your recovery process. Call 323-523-3389 to speak with one of our recognized lawyers for workplace harassment.
What Is Considered Workplace Harassment?
Almost everyone will inevitably run into hostile coworkers. But when does hostile behavior at work qualify as harassment under the law? A successful harassment lawsuit needs the following evidence to be established in court:
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A protected trait, such as gender, race, national origin, age, pregnancy, disability, religion, etc., was the basis for the harassment.
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The behavior was severe or pervasive and unwanted.
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The harassment was serious and widespread enough to make the workplace intimidating or hostile.
Even if some less than acceptable behaviors, like making crude jokes, may offend some people, they might not be extreme enough to trigger legal sanctions. Our employment lawyers will assess your case and look for these types of workplace harassment:
Physical: Physical intimidation, groping, pushing, striking, and other unwanted physical interactions.
Verbal: Off-color jokes, insults, slurs, and other remarks that disparage a protected status or characteristic.
Visual: Harassment through the use of cartoons, drawings, photos, and posters.
Sexual Workplace Harassment: Includes persistent demands for dates, sexual favors, and other unwanted sexual actions. Sexual harassment has two basic categories: creating a hostile work environment and quid pro quo harassment, which happens when an employer asks for sexual favors in exchange for employee perks.
The frequency and duration of the harassing behavior will be considered by the courts when determining whether the conduct in your case qualifies as workplace harassment. It is significant to remember that the law does not require that the victim be the primary target of the harassment and that your employer may be held accountable if they were aware of the harassment or reasonably should have known about it and did nothing about it.
First Steps To Take
Victims of workplace harassment must first take appropriate action to prevent future incidents before pursuing legal action. This entails documenting the harassment, complaining in writing to management and/or human resources, and using any internal complaint mechanisms your workplace may have put in place. Both federal and California law mandate that harassment victims exhaust administrative remedies through either the Department of Fair Employment and Housing and/or the Equal Opportunity Commission before filing a lawsuit.
Document everything in writing and make a list of the harassing actions, and all witnesses. This direct evidence and details will give credibility to the allegations and may be crucial in helping you recover lost wages, lost benefits, punitive damages, and other compensatory damages.
Filing A Harassment Case
The statute of limitations for filing a claim after being the victim of workplace harassment is three years from the date of the harassment. However, before you bring a harassment case, you must first submit an administrative charge with either the California Department of Fair Employment and Housing (DFEH) for a state claim or the Equal Employment Opportunity Commission of the United States (EEOC) for a federal claim.
Your employer will be informed quickly when the responding agency receives your claim. If you are represented by a lawyer, these agencies will normally immediately issue a right-to-sue letter. If you are not represented the agencies may or may not investigate your claims.
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