AREAS OF SPECIALTY
Sexual Harassment / Quid Pro Quo
A worker knows sexual harassment when he or she experiences it. However, proving that sexual harassment has taken place on the job can become a "he said, she said" proposition. One person says one thing, another says another, and those with the authority to make the right decision may have trouble determining the full truth.
Quid Pro Quo and Subtle Sexual Harassment
Learn about your legal rights in the area of sexual harassment. Learn how to prevent it, how to stop it, how to report it and how to pursue justice when it is getting in the way of your ability to do your job. You are entitled to freedom from a hostile work environment.
The Scope of Sex Discrimination
Sexual harassment is a form of sex discrimination (gender-based discrimination) as is pregnancy discrimination. Sexual harassment may vary in forms, including the following:
- Hostile work environment
- Unwanted attention of sexual nature
- Sexy or “dirty” jokes, innuendos or pornographic materials in work areas
- Unwelcome physical contact of a sexual nature
- Quid pro-quo demands for sexual favors in return for continued employment, raises, promotions or any other benefit on the job
- Retaliatory discharge after reporting of sexual harassment
To bring a successful lawsuit alleging sexual harassment in the workplace, it is very helpful to have a witness to the unsavory words or actions of a fellow worker or supervisor. You may have experienced isolated instances of subtle or overt sexual harassment, and wonder how to protect your rights. Or you may have been targeted in serious, frequent overtures that inhibited you from being able to perform your job free from harassment.
You may be entitled to compensation for back pay, damages for emotional distress and payment of attorneys' fees by your employer. You can e-mail us today with the information about your situation. We will evaluate your circumstances and respond promptly.
Employers Duties Under FEHA
The California Fair Employment and Housing Act (FEHA) imposes obligations on California employers to take all reasonable steps necessary to prevent harassment and discrimination from occurring and also to investigate claims of harassment and discrimination and to take prompt remedial action. Employers that fail to comply with these provisions run serious risk of liability to employees on harassment or discrimination claims. If you believe that your complaint of sexual harassment, racial discrimination, or other wrongdoing was mishandled by your employer, resulted in retaliation, or that your employer failed to take reasonable steps to prevent harassment and discrimination from occurring or continuing to occur, contact our office today.
Currently, the FEHA mandates that all supervisory employees obtain yearly training in the prevention of harassment and discrimination in the workplace. The timing, content, and documentation of this mandatory training are prescribed in detail by FEHA and regulations issued by the Fair Employment and Housing Commission (FEHC). An employer's failure to provide such training, in and of itself, may lead a judge, jury or arbitrator to conclude that the employer failed to take all reasonable steps necessary to prevent harassment and discrimination from occurring.
Employers covered under FEHA also are responsible for investigating complaints of harassment and discrimination (sexual harassment or otherwise), and are required to take prompt remedial action. Often, employers are ignorant of the proper methods of investigating claims of workplace harassment and discrimination. Common mistakes include putting the offending employee and the victim in the same room, using an inexperienced investigator, or failing to identify and interview potential witnesses, among others. Other times, employers fail to take prompt remedial action, even going so far as to leave the offending employee in direct, day to day contact with the victim. Either way, proof of an inadequate investigation of workplace harassment or discrimination and/or proof of an employer’s failure to take prompt remedial action are violations of FEHA, and may be actionable depending on your specific circumstances.
For additional information about our ability to analyze the sufficiency of the employer's investigation of your discrimination or harassment complaints, contact our office. You can e-mail us now with information about your case or call us for a free consultation.
LAW OFFICES OF
ERIC P. OREN INC.
Fresno, CA 93704
In Business Since 1982
The American Board of Trial Advocates