Harassment Attorneys

Examples Of Sexual Harrasment

The California Fair Employment and Housing Act is designed to protect employees from any unlawful practices. Sexual harassment, whether in the workplace is a type of sex discrimination which goes against the Title VII of the Civil Rights Act of 1964.

In a nutshell, sexual harassment means acts involving unwelcome sexual advances that include either verbal, visual, or physical conduct in a sexual nature as well as actions that make another’s work environment hostile, intimidating, or offensive based on their sex. As per California law, such offensive conduct must not be a result of sexual desire but offensive behavior which are gender-based harassment even of a same-sex person as well as actions that make the work environment hostile to co-workers.

California’s main law on sexual harassment is its Fair Employment and Housing Act (FEHA), the law Code 12940 of the California Government. The FEHA underwent heavy revision in 2018, marking the passage of SB 1300, which makes the burden and standard of proof of a sexual harassment incident less hard for plaintiffs. This law makes it easier not only for plaintiffs of a sexual harassment claim, but also for those of other forms of harassment covered under FEHA. With SB 1300, the new Government Code § 12923 is added to FEHA, lessening the requirements needed from plaintiffs to prove their claims of harassment in numerous significant ways.

In California, Sexual harassment consists of 2 categories:
            1. “Quid pro quo”
            2. “Hostile work environment”
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Quid Pro Quo Sexual Harassment

“Quid pro quo” sexual harassment is when a supervisor or boss demands to exchange sexual favors with benefits at the workplace. To prove one’s claim of a quid pro quo harassment incident, employees have to show:

  • They applied to worked for the said defendant and actually worked for them.
  • That the supervisor or the agent of the defendant engaged in unwanted sexual advances to the plaintiff or some other conduct,
  • That a positive working condition became conditional due to words or insinuation based on sexual advances or requests,
  • The employee got harmed by such conduct, and
  • The actions of the supervisor were a significant factor in that harm.

Quid pro quo sexual harassment is about the conditional offer of workplace benefits in return for sexual favors. However, such benefits can come in several forms such as:

  • A promotion
  • A more flexible working calendar
  • Extra working hours
  • A raise
  • Access to picking a project of choice
  • Making sexual favor a condition for hiring a job applicant or
  • Not firing a worker who should be fired
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Hostile Work Environment Sexual Harassment

Another form of sexual harassment tackled by the California law is the hostile work environment sexual harassment. As opposed to quid pro quo harassment, every employee can cause a hostile work environment. It is a form of harassment that must not involve the threat of an opposing action at the workplace. Rather, it involves the harasser engaging in unwelcome conduct, related to sex, creating an intimidating and hostile workplace or an offensive environment to a sensible person.

Who Is Eligible to File A Sexual Harassment Claim?

All those that are victims of sexual harassment in the workplace can file a sexual harassment lawsuit. All victims can file the claim, whether they are employees or not. The law protects any of these people who have been sexually harassed:

  • Employees
  • Unpaid interns
  • Job applicants
  • Volunteers
  • People working on contract bases

Who is eligible to file a sexual harassment claim?

All those that are victims of sexual harassment in the workplace can file a sexual harassment lawsuit. All victims can file the claim, whether they are employees or not. The law protects any of these people who have been sexually harassed:

  • Employees
  • Unpaid interns
  • Job applicants
  • Volunteers
  • People working on contract bases
  •  

What is the limitation statute for sexual harassment?

Victims need to file lawsuits of sexual harassment before the expiration of the statute of limitations. Since these claims are on workplace harassment, there has to be an administrative filing made first.

Such an administrative filing should be directed to one or both of these bodies:

  • The federal Equal Employment Opportunity Commission (EEOC)
  • The Department of Fair Employment & Housing (DFEH), Quid pro quo” sexual harassment is when a supervisor or boos California.

 

Fillings should be made and submitted at DFEH within one year of the occurrence of the latest incident of sexual harassment. In incase the victim realizes the harassment after a year, they’ll have a 90-day extension period to file. With EEOC, 180 days is the time within which to make filings of the recent incident of your harassment. In case the victim also files a claim with DFEH, the window extends to 300 days.

The EEOC or DFEH can respond by either:

  1. Carrying out their own investigation of the claim, or
  2. Issuing a letter that gives the victim the right to sue the harasser.
  3. Immediately the victim receives a right-to-sue letter, their time limit for filing a lawsuit becomes one year.

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