SEXUAL HARASSMENT DEFENSE ATTORNEYS
Why hire San Diego Biz Law? Because we got the job done, and at the least cost possible.
Our lead attorney is a high-level negotiator and if the case can be put to rest without spending a small fortune on litigation, that is what we will do; call for a free consultation at (619) 793-4827.
Sometimes it takes the tools of litigation to get the opposing side to where they are willing to listen and perhaps the resolve the case with a mediation or negotiation. If we have to litigate anywhere in California, state or federal, we will, but with an eye to the costs while maintaining effectiveness.
We receive many calls from potential clients who have been set up in a case, and if that is what you are involved with, please do not hesitate to talk to a sexual harassment lawyer as time is not on your side and there are many actions that can be taken to prevent the case from exploding.
With our sexual harassment attorneys, phone calls to update you on your case are free of charge, we are easy to reach, and communication will never be an issue. We hope you are not in this type of case, but if you are, call us for a free-high level consultation with one of our attorneys; (619) 793-4927.
SEXUAL HARASSMENT DEFINED
Sexual harassment in the workplace, as defined by the U.S. Equal Employment Opportunity Commission (“EEOC”) refers to “unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature.” In California, this includes verbal, physical, and visual harassment, as well as unwanted sexual advances. See Cal. Code Regs., tit. 2, § 11034(f).
WHEN CAN AN EMPLOYER BE HELD LIABLE FOR SEXUAL HARASSMENT?
As an employer, it’s essential to understand the circumstances in which your business may be held legally responsible for sexual harassment. The EEOC outlines three key factors to determine whether workplace conduct qualifies as harassment:
- This conduct explicitly or implicitly affects an individual’s job or employment decisions;
- The conduct unreasonably interferes with an employee’s ability to perform their work.
- The conduct creates an intimidating, hostile, or offensive work environment.
In California, work environment must be both objectively and subjectively offensive. This means that not only would a reasonable person find the environment hostile, but the person experiencing it must also feel the same. It’s also important to note that the harassment does not need to be sexual in nature, just that it is based on the victim’s sex (Lyle v. Warner Bros. Television Prod., 38 Cal.4th 264, 284 (2006)). If you are not certain about the conduct of any employee, feel free to call one of our sexual harassment defense lawyers today at (619) 793-4827.
TYPES OF SEXUAL HARASSMENT
California law recognized two main types of sexual harassment that employers should be aware of:
QUID PRO QUO WORKPLACE SEXUAL HARASSMENT
This type of harassment happens when an employee’s job or career advancement is linked to submitting to sexual advances or inappropriate behavior. Employers can be held liable if a supervisor, manager, or other authority figure coerces an employee or job applicant into such situations. See Cal. Code Regs., tit. 2, § 11034(f)(1).
Additionally, this occurs when an employee or an applicant is required to submit to sexual conduct, as a condition for concrete employment benefits. Such benefits include but are not limited to: (1) hiring; (2) promotion; (3) job retention; (4) salary raise; or (5) other similar employment benefits. See Fisher v. San Pedro Peninsula Hospital, 214 Cal.App.3d 590, 607 (1989).
Examples of Quid Pro Quo Harassment:
- A supervisor offering a raise in exchange for sexual favors.
- An employer suggesting that an employee will be fired unless they comply with sexual requests.
- A job applicant being asked to engage in sexual acts as a condition of being hired.
HOSTILE WORK ENVIRONMENT SEXUAL HARASSMENT
Hostile work environment harassment occurs when repeated, unwanted sexual behavior creates a toxic workplace for employees. This could include verbal, physical, or visual conduct that makes employees feel uncomfortable, threatened, or unsafe.
Examples of Hostile Work Environment Sexual Harassment:
- Unwelcome sexual comments or jokes.
- Sexual advances, groping, or inappropriate touching.
- Sending sexually explicit messages or sexually suggestive content via email or text.
- Displaying sexually explicit images or materials in the workplace.
UNDERSTANDING EMPLOYER RESPONSIBILITIES AND LEGAL LIABILITES
As an employer, your legal responsibility goes beyond ensuring that harassment does not happen; it includes taking proactive steps to prevent it, responding effectively if it does occur, and fostering a workplace where employees feel safe and respected.
SUPERVISOR HARASSMENT LIABILITY
California law (FEHA) holds employers strictly liable for harassment by supervisors if the harassment occurs within the scope of their supervisory duties. However, if the harassment is completely unrelated to work, such as a personal relationship outside of work hours, the employer may not be held liable (Atalla v. Rite Aid Corp., 89 Cal.App.5th 294, 309 (2023)).
NON-SUPERVISOR HARASSMENT LIABILITY
When harassment occurs by a non-supervisory employee, the employer’s liability hinges on whether the employer knew or should have known about the harassment and failed to take prompt, appropriate action. If the employer addresses the situation correctly and swiftly, liability may be avoided (Rehmani v. Superior Court, 204 Cal.App.4th 945, 952 (2012)).
Employers must act quickly to investigate complaints and implement corrective measures. Failure to address harassment issues promptly can lead to serious legal consequences and can damage employee morale, productivity, and trust. Call one of our sexual harassment defense lawyers now.
HOW EMPLOYERS CAN PREVENT SEXUAL HARASSMENT
To avoid liability and, more importantly, create a respectful and supportive workplace culture, employers must take proactive measures. Here are some steps to consider:
- Implement Comprehensive Anti-Harassment Policies: Your company should have clear, well-communicated policies against harassment that set forth expectations for behavior and consequences for violations.
- Provide Training: Regular training for all employees, especially managers and supervisors, is crucial. Employees should understand what constitutes harassment, how to report it, and what actions your company will take if harassment is reported.
- Encourage Open Communication: Employees should feel comfortable reporting harassment without fear of retaliation. Establish confidential reporting channels and encourage a culture of openness.
- Take Action: If harassment is reported, it’s vital to investigate the matter promptly and take appropriate corrective action. Delaying or ignoring complaints can leave your company vulnerable to legal claims.
HOW WE CAN HELP
At San Diego Biz Law, our sexual harassment defense lawyers understand the complexities of managing workplace harassment claims and helping employers maintain a harassment-free workplace. If you need guidance on creating effective policies, training your employees, or handling a harassment claim, our experienced lawyers are here to provide tailored advice and support.
Protect your business and employees by taking the necessary steps to prevent workplace sexual harassment before it becomes a legal issue.
Contact us today at (619) 793-4827 to learn more about how we can help safeguard your business and maintain a respectful and compliant work environment.