Whenever a worker is disciplined or terminated for attempting to protect their rights in any way, this is considered retaliation. It is illegal.
Although most workers know that workplace harassment is illegal, the specifics of how sexual harassment laws work may be confusing. It is important for anyone who think they have experienced sexual harassment to be able to get help and report the incident in the appropriate manner. An overview of the most commonly asked questions about this process can be helpful. Those who need additional help with taking formal legal action can get in touch with California sexual harassment lawyers.
When do workplace issues rise to the level of sexual harassment?
Sexual harassment is gender based discrimination. To prove this, the victim must show some kind of serious misconduct based on gender by their superiors, other coworkers, or even customers that either created a hostile work environment, or when a person in a position of authority explicitly asked for some kind of sexual conduct. The misconduct in question must be so severe that it would affect the ability to work of any reasonable person placed in the same environment. In practice, this tends to mean that the harassment must either be pervasive, or the victim’s continued employment or receipt of benefits was conditioned on them engaging in some kind of sexual behavior with someone in their workplace.
Do companies fire workers who report sexual harassment?
Whenever a worker is disciplined or terminated for attempting to protect their rights in any way, this is considered retaliation. It is illegal and employers who retaliate can possibly face additional lawsuits or financial losses for retaliation which violates labor laws. For these reasons, workers should not fear reporting their problems to sexual harassment lawyers once it happens. The employer should also have procedures in place to protect workers from additional harassment once the issue has been reported and is being investigated.
Who can become a victim of sexual harassment?
Much sexual harassment happens when a female employee is mistreated by their male boss or supervisor. However, sexual harassment laws can be applied to workers of any gender, and the person or people responsible for the harassment can also be of any gender. The legal analysis by Oakland sexual harassment lawyers will focus on the conduct of the people in question, rather than the genders of the people involved.
Are there differences between discrimination and sexual harassment?
Discrimination and sexual harassment are both illegal in all American workplaces. When the term sexual harassment is used, this tends to indicate a specific type of mistreatment that is based on gender or sex. A worker’s gender is considered a protected category under discrimination laws.
Getting assistance from a sexual harassment attorney
USAttorneys.com is a website that helps people find lawyers in various practice areas. Anyone who needs assistance can choose their location to start the process to meet with a local legal professional.