Hogue & Belong Law Group San Diego CA Sexual Harassment Attorney.
We want to first thank you for visiting our website. Looking for a top San Diego CA sexual harassment attorney, Hogue & Belong Law Firm is the place.
What is Sexual Harassment?
Both California and Federal law generally define sexual harassment as unwanted sexual conduct of two main types: quid pro quo harassment and hostile environment harassment. Quid pro quo harassment occurs when employment is conditioned, expressly or impliedly, on the submission to unwelcome sexual advances (such as a supervisor saying “If you want to keep your job, you’d better kiss me”)
Usually, sexual harassment comes in the form of the hostile work environment, when women hear all sorts of sexually charged comments, see sexual photos, and be subjected to sexually gestures, groping, staring at breasts or buttocks, etc.
What are An Employer’s Duty Under Sexual Harassment Laws?
An employer must take all reasonable steps necessary to prevent discrimination and harassment from occurring. (California Government Code section 12940(k).)
If harassment has occurred, the employer has a duty to take measures to not only change the harasser’s behavior but to prevent potential harassers from unlawful conduct.
Reasonable steps to prevent discrimination and harassment from occurring include:
- affirmatively raising the issue of harassment
- expressing strong disapproval of harassment
- developing appropriate sanctions for harassment
- informing employees of their rights and instructing them to report harassment
- developing methods to sensitize all employees to behavioral indicators of sexual harassment and the gravity of its consequences.
Am I Protected from Retaliation?
It is an unlawful employment practice under the Fair Employment and Housing Act (FEHA) to retaliate against anyone who has opposed practices proscribed by FEHA, i.e., sexual harassment or discrimination, or has filed a complaint, testified or assisted in any proceeding under FEHA. Thus, employees are protected from retaliation if they complain about harassment or discrimination.
Who Is Protected From Sexual Harassment?
Under California law, the Fair Employment and Housing Act (FEHA) protects both male and female employees, applicants for employment and independent contractors. It also protects an employee or an applicant from harassment by a person of the same sex. It applies to all employees of any employer.
What if I Saw Harassment But It Was Not Directed at Me?
If sexual harassment permeates the plaintiff’s work environment, she or he may have a claim even if the harassing conduct is not directed at the plaintiff personally, but occurs in the plaintiff’s presence.
When Do I have to Bring a Claim Statute of Limitations?
The statute of limitations is very short it is complicated to bring a claim for sexual harassment. Please get into contact with one of the attorneys at Hogue & Belong or elsewhere to discuss as soon as you can.
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