Fresno Sexual Harassment Lawyer

What Is Sexual Harassment?

It is unlawful to harass an employee because of their sex, California Government Code Section 12940(j)(1). Sexually harassing behavior includes:

1. Sexual favors;
2. Unwanted sexual advances and propositions;
3. Verbal conduct, including epithets, slurs or derogatory comments, and comments about a person's body, appearance, or sexual activity;
4. Physical conduct including assault, impeding or blocking movement, OR any physical interference with normal work or movement; or
5. Visual harassing including leering looks, offensive gestures whether or not the harassment also results in the loss of a tangible job benefit.

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Sexual Harassment Does Not Have to Be Motivated by Sex

Effective January 1, 2014, sexual harassment does not have to be motivated by sexual desire. California’s anti-sexual harassment law reads, "Harassment" because of sex includes sexual harassment, gender harassment, and harassment based on pregnancy, childbirth, or related medical conditions.

While sexual harassment is often motivated by sexual interest, it is frequently about subjugation, control, and abuse of power. This legal principle was clarified to address cases where harassers attempted to claim overtly sexual conduct (such as comments about a person's body, or non-consensual touching) was not harassment because their intent was not sexual desire.

Overtly sexual comments made to an employee are sexual harassment. Touching an employee on their buttocks or breasts without consent is sexually offensive and harassment, regardless of intention. Making odd comments about the sexual properties of an employee’s bodies, such as “Nice ass,” is harassing and related to a sexual part of one’s body.

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Your Employer Has An Obligation To Cause Sexual Harassment To Stop

Employers must take all reasonable steps necessary to prevent discrimination and harassment (Government Code Sections 12940(j)). If harassment has occurred, the employer must take remedial action not only to change the harasser's behavior, but to deter potential harassers from unlawful conduct.

• Reasonable steps include: affirmatively raising the issue, expressing strong disapproval, developing appropriate sanctions/discipline, and instructing employees to report harassment.
• Appropriate corrective action is some form of discipline that contributes to or eliminates the problem. A mere request to stop the behavior is insufficient.
• The employer may even have to remove the harasser from the workplace if their mere presence creates a hostile working environment.
• The promptness and adequacy of the employer's response is a fact question for the jury.
• Employers are liable for failing to remedy sexually harassing environments they knew of or should have known of. Constructive knowledge is imposed if the harassment is pervasive.

Failing to investigate, or to repudiate the employee's conduct by redressing the harm done and punishing or discharging can cause an employer to be liable for punitive damages if their non-managerial agent committed an act of discrimination.

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Sexual Harassment Investigations

California law requires that the employer's sexual harassment investigation must ultimately be aimed at: 1) determining fault; 2) ensuring the claimant is safe from harassment; and 3) determining what steps are needed to stop the harassment. Merely listening to the claimant is not enough.

• Employees who are fired for complaining of sexual harassment, or due to their participation in an investigation, may sue under the Fair Employment and Housing Act.
• Do not hold back facts if you are making a complaint. Provide as much information as possible, or you may later be accused of not mentioning a critical aspect of the harassment.
• If you are involved in an investigation, be careful about naming witnesses. If you are not sure if somebody saw something, do not claim they are a witness. Be sure to tell the employer about any ex-employees or family members who are witnesses and offer access to their contact information.

Sexual harassment cases dealt with in the work environment could become huge lawsuits and should not be taken lightly. Contact an experienced Fresno employment attorney today. Serving All Of Fresno County.

Contact us, or call (818) 783-7300 toll free to consult with an Employment Lawyers Group sexual harassment lawyer, supervised by Karl Gerber who will be the lead attorney on your case.