General
Being subjected to sexual harassment can strip you of your dignity and leave you feeling embarrassed and humiliated. Sexual harassment should never part of your employment. Understanding where the legal lines are drawn, what you can do to protect yourself or improve your situation and whether you have a case is the first step in reclaiming your respect.
Words or actions which may be legal when they occur outside the workplace may become unlawful when they occur at work. Both California and federal law prohibit unwelcome and offensive sexual comments and/or conduct in the workplace.
Sexual Harassment
- Quid pro quo
This type of sexual harassment occurs when your superior (supervisor or manager or higher up) conditions your employment on your engaging in sexual behavior. In other words, you will receive job benefits if you agree to engage in sexual relations with your superior or, on the other hand, you will suffer some job detriment as a result of refusing to engage in sexual relations.
- Sexually hostile work environment
A sexually hostile work environment is a work environment where sexual talk, innuendoes, displays, touching or activity are sufficiently severe or prevalent to create an uncomfortable atmosphere in which you are required to work. Office romances are not against the law. You are free to voluntarily engage in a relationship. However, let's say you engage in a romance with your supervisor and at the end of the romantic relationship, he/she takes retaliatory actions against you. The situation may turn into a hostile work environment. In this case, the sexually hostile work environment might qualify as sexual harassment.
If you feel you are being sexually harassed, you should report the conduct to your employer per company policy. Reporting sexual harassment gives your employer an opportunity to correct the situation before the company is liable. If the sexual harassment occurs at the hands of a supervisor or superior, the employer may be held strictly liable, to some extent, for the supervisor's actions.
Discrimination
Discrimination is another form of unfair employment practice. Gender discrimination occurs when a company or a supervisor treats employees of one gender differently from employees of the opposite gender. Men or women may encounter gender discrimination. People age 40 or older are protected from discrimination based on their age - even if the discrimination is based on the fact they earn more than younger employees.
Retaliation
Sometimes, human nature prevails over reason and an employer unlawfully retaliates against an employee for reporting or objecting to unlawful conduct in the workplace. Unlawful retaliation typically occurs when an employer takes action against an employee (i.e. demotion, pay reduction, loss of benefits, loss of job duties, job termination) in response to an employee's objecting to or reporting unlawful harassment or discrimination or unsafe or unlawful practices which harm employees and/or the public. The reports of such unlawful or unsafe conduct may be made either internally (to the employer) or to an outside agency (i.e. OSHA, labor board or other government agency).
Reporting Requirements
If you feel you have been subjected to sexual harassment, discrimination or retaliation, you may be required to file a claim with the California Department of Fair Employment and Housing (DFEH) or with the federal EEOC within one year of the last event on which the claim is based. The earlier you file, the better. Employees typically favor California law over federal law, so it is recommended you file your claims in California with the DFEH.
Please see our "Resources" page for information on employment law and how to file claims with the DFEH and/or EEOC.
Damages/Recovery
"Compensatory damages" (which are meant to compensate you for your losses) in employment cases consist of:
- Economic damages, including lost income due to reduction in pay or loss of a job, expenses for counseling or medical care;
- Non-economic damages for embarrassment, humiliation, anxiety, stress, depression, inconvenience;
- Case costs and attorneys fees.
"Punitive damages" (a.k.a. "exemplary damages"; these are meant to make an example of and/or to punish the defendant). Where the defendant's conduct is found to be fraudulent, oppressive or malicious, punitive/exemplary damages may be added to punish the employer and/or the supervisor.
Expertise is critical
Employment cases tend to be complex, expensive, contentious and hard fought. It is critical to consult with and/or hire an attorney early for guidance through processes which are fraught with traps for the unwary. If you feel you have been sexually harassed or discriminated against, contact Bohn & Bohn who have successfully negotiated this mine field time and time again.
Age Discrimination
Suit Takes Aim At Silicon Valley’s Youth Culture
By Erin Coe, Friday, January 05, 2007 — An age discrimination lawsuit filed against a
Silicon Valley company is the latest to take on the high-tech industry’s
alleged bias against older, more experienced employees. Read the full article here (pdf, 624k)
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