What Constitutes Sexual Harassment in Fresno, CA?
Sexual harassment in California is a form of workplace harassment that is specifically related to a person's gender or sexual conduct. Although the term often implies a person in a supervisory role making unwanted advances toward a subordinate, sexual harassment can occur between co-workers or even by a subordinate toward a supervisor. One of the most important aspects of sexual harassment is that it must cause the victim to be uncomfortable or produce a hostile working environment.
Two Types of Sexual Harassment in California
Sexual harassment can refer to economic and quid pro quo. Quid pro quo is most commonly the subject of sexual harassment lawsuits
Economic Harassment
This type of sexual harassment often involves a supervisor or other authority figure offering financial opportunities to a subordinate (such as a raise, promotion, or favorable schedule) in return for sexual favors. While this is not the only type of sexual harassment, quid pro quo is by far the most common.
Hostile Work Environment
The other type of sexual harassment refers to a work environment that is made to be uncomfortable due to ongoing sexual advances, inappropriate conduct or comments, sexually suggestive behavior, or any other form of uninvited sexual behavior.
To have a potentially successful sexual harassment claim for a hostile work environment claim in Fresno, the harassment must be:
- Single severe incident of harassment that was so severe or pervasive as to make a reasonable person uncomfortable.
- The single severe incident of harassment must have an emotional impact so strong that it affects the employees work performance
In determining how these situations affect a person's rights in terms of quid pro quo and hostile work environments, federal and California sexual harassment laws are crucial in making a case against an employer or co-worker liable for an incident.
Understanding Sexual Harassment Laws in Fresno, CA
Sexual harassment can occur in various forms and can involve inappropriate conduct between colleagues, superiors, or even employers. Any sexually explicit remarks, jokes, requests, or physical advances may violate sexual harassment laws. It’s crucial to recognize that harassment can severely impact an employee’s work environment, affecting attendance, pay rate, career growth, and overall opportunities.
If you have faced such conduct, know that you have rights, and we are here to advocate for you. Our experienced attorneys are dedicated to fighting for your rights and seeking the compensation you deserve. A top-rated lawyer from our office can guide you through the process and help you understand your options.
Don’t hesitate to reach out for support. You deserve a safe and respectful workplace.
Defending You Against Retaliation in Fresno
The workplace is often a complex landscape of power dynamics, where many employees endure uncomfortable conditions out of fear of retaliation or job loss. While many employers in the Central Valley strive to create safe and accommodating environments, too many prioritize profits over the well-being of their workers, making this a significant concern for everyone.
At Webber & Egbert Employment Law, we believe it is both morally and legally wrong for anyone to face retaliation for speaking out against harassment or unsafe working conditions. We are committed to improving workplace environments and fighting for the rights of our clients and our community.
If you or someone you know has experienced sexual harassment or retaliation in Fresno, we are here to help. Contact us today, and a dedicated sexual harassment attorney will speak with you directly.
How "retaliation" is defined:
- Under California law, “retaliation” is defined as any negative action an employer takes against an employee simply because the employee (in good faith) reported harassment (or was “associated” with someone being harassed)
- California "Anti-Retaliation laws" were created as an effort to encourage as many victims as possible to promptly speak up and report so that an investigation can be performed.
Retaliation in a Fresno workplace may come in the form of [but is NOT limited to]:
- Being unfairly disciplined
- Being written up
- Warning that “bad things will happen” if you tell someone about the incident
- Being terminated
- Being demoted
- Being denied raises
- Being intentionally moved to unfavorable shifts/the least favorable positions
- Having your complaints mysteriously ignored and consequence you might have caused due to the complaint
In any of the following incidents/charges, you can file a lawsuit against an employer for 'retaliation':
- Constructive Termination: Not an actual termination, but instead a hostile work environment that was already created with the anticipation that the work would quit.
- Whistleblower Retaliation: This can occur when an employee is treated poorly simply because they reported a violation.
- Hostile Work Environment Claims: In some cases, an employer will take negative action against a worker who files a claim regarding sexual harassment in an effort to intimidate or discourage anything adverse from happening to the harasser.
- Sexual Harassment Complaint Retaliation: This occurs when an employer takes negative action against an employee based on complaints that an employee files.
