The United States Equal Employment Opportunity Commission (EEOC) states that it is illegal to harass another person because of their sex, and harassment includes not only sexual harassment but also unwelcome sexual advances, requests for sexual favors, and any verbal or physical harassment that is sexual in nature. Harassment becomes illegal when it is so pervasive that it creates a hostile work environment, or actions result in adverse employment decisions such as termination or demotions.
Williams v. Saxbe, 413 F. Supp. 654 (D.D.C. 1976) was perhaps the first major court case involving sexual harassment, but there have been many other cases since. Perpetrators of sexual harassment can vary depending on the situation, and they may not even realize that their actions constituted sexual harassment.
Title VII of the Civil Rights Act of 1964 is the federal law prohibiting employers with 15 or more employees from discriminating based on sex. This act led to the creation of the EEOC and tasked the agency with enforcing civil rights violations.
California’s Fair Employment and Housing Act (FEHA) under California Government Code § 12940(j)(1) prohibits harassment “because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, reproductive health decision-making, or veteran or military status.” The California Department of Fair Employment and Housing (DFEH) investigates and prosecutes sexual harassment and other complaints of discrimination in the state.
Sexual harassment typically comes in one of two forms: quid pro quo or hostile work environment. Quid pro quo is a Latin phrase that essentially means a favor for a favor or “this for that.”
As a result, quid pro quo sexual harassment claims often involve people seeking sexual favors in exchange for some kind of employment benefit. A supervisor may seek sexual favors under the promise of a promotion or threaten to terminate an employee for not complying with their wishes.
A hostile work environment, on the other hand, relates to a person’s workplace involving sexual harassment, such as supervisors or other employees making sexually suggestive comments, gestures, advances, sending pictures, emails, or touching or humor that interferes with a person’s work performance. Whereas quid pro quo can be based on a single incident, hostile work environment claims often involve repeated problems persistent in a work environment.
People will want to get legal representation for any sexual harassment issue in California because liability can be incredibly complex in these cases. Not all employers are necessarily liable in these cases, so a person will want to work with a lawyer who can help them understand all of their legal options.
If you think you have been the victim of sexual harassment in the greater San Francisco area, you will want to get legal help without delay. The Law Offices of Jeannette A. Vaccaro PC can represent you and fight to make sure that you are able to get justice in your case.
Our firm has helped people recover compensation and relief. You can contact us online to schedule a free consultation with our San Francisco sexual harassment attorney.
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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