Sexual harassment in the workplace violates the law. It violates the law whether it consists of unwelcome sexual advances, requests for a sexual favor, the creation of a hostile environment, or any other form of physical or verbal harassment of a sexual nature.
A man can be a victim of sexual harassment committed by a woman and a woman by a man. Both men and women can be subject to same-sex sexual abuse. The harasser may be the victim’s supervisor, the employer’s agent, a supervisory employee in another part of the company, a co-worker, or even a non-employee who spends time on the employer’s premises.
The victim may not be the person experiencing harassment. Instead, the harassment may be such as to create a hostile environment in the workplace in San Francisco, making employees other than the harassed person uncomfortable.
The harassment does not, in every case, have to result in an economic injury or adverse job action against the victim for it to be actionable.
The harasser’s conduct, importantly, must be unwelcome. If you solicit or welcome the sexual attention, then you are not being harassed. But if you do not seek the contact and have told the harasser to stop, the contact is clearly unwelcome.
Sexual harassment can be quid pro quo (legalese for “this for that”). In other words, the harasser says, give me this sexual favor, and I will give you, for example, a raise. That is, your acceptance or rejection of sexual attention is the basis for employment decisions. You do not actually have to suffer an adverse employment decision; the threat is sufficient. Even a single instance of quid pro quo harassment is a cause for action.
A hostile environment, like pornography, is hard to define but easy to recognize. It occurs when unwelcome sexual conduct interferes with an individual’s ability to do their job or creates a hostile, intimidating, scary, or offensive workplace. There need not be any economic consequences; the environment is enough for harassment.
Generally, to make a successful claim of hostile environment harassment, you must prove that your employer knew or should have known about the harassment and that the employer failed to take any action to stop the harassment. The employer can be liable for a hostile environment created by a supervisor, non-supervisor, customer, or independent contractor, so long as the employer knew about the harassment and failed to act. Some indicators that your employer should be liable include:
If you believe you are a victim of sexual harassment in San Francisco, you should pursue your claim as soon as possible. Contact a sexual harassment lawyer or call us at 415-444-5800 today for a free case evaluation. We can assist you in determining how to respond to the conduct in your workplace.
Jeannette is passionate about employee rights. She fights to shed light on injustices and to help her clients move beyond troubling times. Contact Jeannette today for a free case evaluation.
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