FEHA also includes pregnancy, childbirth, or related medical conditions, which employers cannot harass or fire you for.
The regulations under the FEHA state sexual harassment is unwanted sexual advances.
And this can be verbal or physical conduct by the harasser.
This page discusses your rights, duties, and obligations under California law. It tells an employee and employer what to do when faced with sexual harassment issues.
What about the California FEHC Regulations? Do they Apply?
There are also regulations under the Fair Employment and Housing Commission (FEHC), that are in step with the FEHA laws above. They are designed to protect employee rights. Sexual harassment under the FEHC includes unwanted sexual advances.
So these can be visual, verbal, or physical. And it can take many forms, including harassment of a person of the same sex as the harasser.
What Are California’s, Anti-Harassment Laws?
There are two types of sexual harassment against the rights of the employee. So this person is harassed by sexual advances, visual, verbal, or physical. And it was by someone else or superior.
Hostile Work Environment: This occurs when an employer permits the workplace to become hostile. So they do so by allowing an intimidating, oppressive, or offensive work environment. And it could be the verbal or physical sexual innuendo. So this behavior adversely affects the employee’s ability to work in workplace comfort. Women are the focus of sexual harassment. But men can also be victims of this type of behavior in some instances. (Read More about the hostile work environment here.)
Quid Pro Quo Harassment occurs when managers or supervisors engage in sexual advances. It is a violation to use this as a condition of employment. The same goes for remaining employed and getting benefits or promotions. (Learn more about Quid Pro Quo here.)
Sexual and gender harassment is illegal under California law, which includes, among other things:
Unwanted sexual advances
Conduct that provides for physical touching blocking movements, or impeding circulation and assault.
Harassment of verbal or graphic sexual abuse. Usually, it involves an individual’s body. But it could use offensive words to describe an individual.
Verbal use of derogatory comments, jokes, slurs, or propositions of a sexual nature.
Sexually obscene invitations, notes, or letters.
Visual sexual abuse may include sexual gestures, leering, or display of sexually suggestive objects. So that can add pictures, posters, vibrators, or cartoons.
Employee benefits on the condition of or in exchange for sexual favors.
Retribution such as reprisals or threats for a negative response to their harasser’s advances.
Sexual harassment is based on gender. And this may include targeting, hostile, or offensive behavior.
How do You Deal With Sexual Harassment in the Workplace?
Under California and federal law, sexual harassment is illegal. But when it happens, sexual harassment can destroy the lives of the victims. It can ultimately ruin the business where the incident occurred as well.
Cases of sexual harassment at work can result in retaliation, discrimination, or wrongful termination.
Victim often is unsure of their legal rights.
You may not know whether you should pursue legal action form of a lawsuit or if they have no standing.
When an employee believes they are a victim, consulting an attorney is a next move.
What is the Unwanted Sexual Harassment Process?
When you are sexually harassed, the first thing you should do is to:
Keep a journal of the incidents.
The diary should include when they occur by time and date.
It should also reflect the names of any witnesses along with a description of the event.
Next, follow the workplace process for reporting sexual advances.
Go to your superior or the human resources department of the company.
If your boss fails to take action or the behavior continues, you can start the process of suing.
But you workers should seek the advice of an experienced sexual harassment attorney. The attorneys at Ehline Law Firm are knowledgeable about the laws.
Plus, they are experts at protecting the employee. So after discussing your claim, they can determine the best legal options for the victim.
Want to Know More About Sexual Harassment Claims?
When employers permit sexual harassment in the workplace, employees can dread working. Also, it is typical for a female victim will be of the weaker sex physically.
So this may make her extra fearful of contact with the larger, stronger male harasser. Also, she may be afraid of losing benefits, promotions, or even her job.
Harassment can be in the form of comments, gestures, or jokes.
But these weresexual advances.
The employee has the right to report this to a supervisor or the Human Resources Department.
Of particular concern, if it continues, laws are on the employee side. Hence, the victim can take action against the sexual harasser and even the employer. Amazingly, sometimes, an employer allows this behavior to continue. Most of all, the victim may deserve compensation for lost wages, benefits, and emotional suffering.
Accomplished attorneys at Ehline Law Firm handle sexual harassment cases. So these lawyers are compassionate to the emotional stress the employee has endured.
We have reputable standing as local attorneys in the Los Angeles, California, area. So we are beloved in the community. Also, the legal system, including peers, and judges, knows the firm has an outstanding reputation.
Simply put, we are famous for protecting the rights of harmed individuals. Our seasoned lawyers are experts. Hence, we excel in negotiations and litigation.
This is true if the harassing behavior involved inappropriate touching, comments, or sexting.
So photos, unwanted sexual advances, or retaliation is prohibited — our staff advocates for victimized and sexually harassed employees.
And this includes gender discrimination, wrongful termination, and other violations of the law.
Schedule a Free Consultation With A Top Sexual Harassment Attorney in Los Angeles
We work tirelessly to obtain justice and compensation for the harassed employee. Call now for a hassle-free legal consultation. Why not speak with a bold advocate for your legal rights at (213) 596-9642? You can also fill out our website contact form.
Michael Ehline is an inactive U.S. Marine and world-famous legal historian. Michael helped draft the Cruise Ship Safety Act and has won some of U.S. history’s largest motorcycle accident settlements. Together with his legal team, Michael and the Ehline Law Firm collect damages on behalf of clients.
We pride ourselves on being available to answer your most pressing and difficult questions 24/7. We are proud sponsors of the Paul Ehline Memorial Motorcycle Ride and a Service Disabled Veteran Operated Business. (SDVOB.) We are ready to fight.