Los Angeles Sexual Harassment Lawyer
Fighting for Employee Rights in Los Angeles
Sexual harassment is one of the most prominent and one of the most offensive types of workplace discrimination there is. Title VII of the Civil Rights Act says that employees cannot be treated differently because of their sex/gender. Sexual harassment goes both ways, so both men and women can be victims of this crime. If you have experienced sexual harassment at the workplace, a Los Angeles employment attorney at Martinian & Associates Inc. can advocate for you.
What is sexual harassment?
The term "sexual harassment" is thrown around a lot, so it is important to define exactly what it is and what it is not. Most cases of sexual harassment can be divided into two larger categories:
- Offensive comments about gender
- Unwanted sexual advances
The first category explains a type of sexual harassment that reveals a derogatory attitude about a person's gender. For example, a coworker blaming an employee's gender on their inability to perform a task. Many negative comments and jokes about gender are unsolicited and unfounded.
The second category describes sexual harassment that comes in the form of unwanted sexual advances. For example, a male coworker touching a female coworker without solicitation or mutual desire. In some extreme cases, sexual harassment can take the form of requiring sexual favors in return for increases in pay, promotions and the like.
Sexual harassment can take place between coworkers, an employee and a supervisor, an employee and an employer, or even an employee and a customer, client or other business relation. Essentially, if you are harassed or mistreated because of your sex/gender at the workplace, you may have a sexual harassment claim to file against the offending party.
Sexual Harassment: Fact or Fiction?
Many people are confused on the topic of sexual harassment and are unsure what conduct constitutes this offensive behavior. Below, we have detailed a few different statements about sexual harassment and then explain whether the statement is "fact" or "fiction."
- Sexual advances in work relationships are always considered sexual harassment. This is fiction. In order for conduct to be considered sexual harassment, it must be unwelcome. Sexual advances in a work relationship where the feelings are mutual or were instigated by mutual flirting are not categorized as harassment.
- Even if sexual harassment is not directed towards you, you may have a sexual harassment claim. This is fact. According to the EEOC, "the victim does not have to be the person harassed but could be anyone affected by the offensive conduct."
- Employers are required by law to give sexual harassment education training. This is fiction. However, although employers are not required to give this type of training, if they become informed of sexual harassment at the workplace they must take necessary disciplinary action, or else be held liable themselves for failing to prevent or stop this illegal behavior.
Los Angeles Employment Attorneys at Martinian & Associates INC.
If you are experiencing sexual harassment at the workplace, or have questions about a potential claim, we encourage you to contact us as soon as possible. A Los Angeles employment law attorney at our firm will evaluate your case and determine if you have a claim against an employer, coworker or other party.
Call us today and request a free initial consultation!
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