If you experienced either a hostile work environment or quid pro quo sexual harassment, your next step is to determine whether your employer took adequate steps to prevent or correct the misconduct.
Almost everyone has experienced difficult situations at work, but when does misconduct “cross the line” and become illegal? When can you actually sue for harassment, and how easy is it to win a lawsuit against your employer? Although California and United States laws provide workers with a considerable degree of protection1, you can only sue under somewhat specific circumstances.
In order to learn more about these circumstances, it makes sense to search for sexual harassment lawyers in your area and book a consultation. With help from one of these lawyers, you can determine whether you have the ability to file a lawsuit and win a settlement. Your attorney can provide you with targeted, personalized legal advice after listening to your unique situation during a consultation.
What Constitutes Sexual Harassment?
First of all, you need to determine whether what you experienced was actually illegal. There are two main types of sexual harassment:
- Quid Pro Quo
- Hostile Work Environment
If your employer hinted that you would receive certain work benefits (like a raise, promotion, or simply not being fired) if you engaged in a sexual relationship with them, then you experienced quid pro quo sexual harassment. Even if you consented, this is illegal.
If you experienced a work environment that a reasonable person would have found unbearable, then you experienced a hostile work environment. Perhaps your environment exposed you to unwanted comments, touching, jokes, images, objects, and things of that nature.
Did Your Employer Do Anything to Stop It?
If you experienced either a hostile work environment or quid pro quo sexual harassment, your next step is to determine whether your employer took adequate steps to prevent or correct the misconduct. Even though what you experienced might have been illegal, your employer may escape legal consequences by showing they provided you with adequate resources to report the harassment, and you neglected to take advantage of this assistance.
However, they also need to show that they set up some kind of system to prevent harassment from taking place – such as a company-wide harassment training program. This type of defense is known as an “Affirmative Defense”2, and it is the only real way an employer can escape legal consequences for allowing harassment to occur.
Where Can I Find a California Sexual Harassment Lawyer Near Me?
If you’ve been searching for Sacramento sexual harassment lawyers, there are many legal professionals available to help you. With their help, you can strive for the best possible outcome and receive a considerable settlement for the harassment you’ve been forced to endure at work. If you’re not sure whether what you’ve experienced is illegal, California sexual harassment lawyers can assess your situation and determine the best course fo action. Book your consultation today to learn more.
Sources:
- https://www.dfeh.ca.gov/employment/
- https://www.eeoc.gov/federal-sector/federal-highlights-3
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