Sexual harassment is prohibited in the workplace. As a form of gender discrimination, acts of sexual harassment are barred by both Federal Law and California State Law. Title VIII of the Civil Rights Act of 1964 (42 U.S.S. 2000e et seq) is the Federal Law which applies to employers that have fifteen or more employees. Its legal remedies are less generous than those under the corresponding California Law, the Fair Employment and Housing Act (“FEHA”). In California, the FEHA (Fair Employment and Housing Act) codified in Government Code § 12940 et seq, prohibits sexual harassment in the workplace with one or more employees.
Generally, sexual harassment can be described as unwelcome physical, visual, or verbal conduct of a sexual nature that is considered pervasive or severe and affects work conditions or is the cause of a hostile work environment. Typically, one incident of this type of conduct will not be harassment, unless it is severe, whereas sexual conduct which is ongoing and directed toward an employee is “pervasive.” In addition, the employer cannot retaliate against the employee for registering complaints about sexual harassment or for participating in any investigation into the sexual harassment.
Sexual harassment can be categorized as either quid pro quo or hostile work environment. Quid pro quo is straightforward and involves the conditioning of sexual conduct in order for an employee to get hired for the job or keep the job, benefit, promotion, or raise. The following scenarios are in this category:
In a hostile work environment, pervasive hostile conduct occurs that is offensive and abusive. The following scenarios may occur in a hostile work environment:
Additionally, in Roby v. McKesson Corporation, 47 Cal. 4th 686, 708-
Before a lawsuit can be filed, the harassment victim must first file a “charge” or administrative complaint with either the California Dept. of Fair Employment and Housing or the U.S. Equal Employment Opportunity Commission or an analogous state agency. “The deadline (also called a statute of limitations) for filing this administrative charge/complaint varies but is usually not longer than a year from when the conduct last occurred. If you believe you have been sexually harassed, you should contact an experienced employment lawyer immediately for at least two reasons: (1) to ensure that you do not lose the ability to sue because of delay and (2) to ensure that your charge/complaint states all necessary facts.”
Los Angeles Sexual Harassment Lawyer Jeffrey Cowan fights zealously while protecting his clients’ rights in a range of employment law matters, including sexual harassment. The Cowan Law Firm represents plaintiff employees who’ve suffered sexual harassment in the workplace, and we also vigorously defend employers against alleged acts of sexual harassment.
If you believe you have been or are currently being sexually harassed by co-
Please call a skilled Los Angeles Sexual Harassment Lawyer at The Cowan Law Firm today. Contact us at (310) 394-
Whether you have endured sexual harassment at work and are a victim, or whether you have been accused of sexual harassment, contact our Los Angeles Sexual Harassment Attorneys at (310) 394-
Representing individuals and businesses throughout Southern California, The Cowan Law Firm has offices in Los Angeles and Santa Monica to conveniently serve clients.
Call (310) 394-
9401 Wilshire Blvd, Suite 900
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Employment Attorney • Business Trial Lawyer
The Cowan Law Firm
Phone: (310) 394-
Fax: (310) 394-
9401 Wilshire Blvd.
Beverly Hills, California
2049 Century Park East
Los Angeles, California
2425 Olympic Blvd, Suite 4000 W
Santa Monica, CA 90404