Whether you’re a victim of sexual harassment or a victim of sexual abuse, you may find that you’re eligible to recover compensation. The law in California is aimed at punishing those who behave inappropriately towards others.
In order to ensure that you are able to recover what you deserve, you should understand the basics of state and federal harassment laws and the types of damages you may be entitled to.
Sources of sexual harassment law in California
Fortunately, California law is very clear on the subject of sexual harassment. It is illegal to make derogatory comments about sex, to engage in unwanted sexual overtures or to physically touch another employee.
It also requires that employers take steps to prevent sexual harassment and to train employees on appropriate workplace behavior.
Unlike federal law, California law requires that employers take steps to correct harassment immediately. It also requires that an employer’s policy on gender-based discrimination includes a complaint mechanism.
Employers with more than 50 employees are required to provide two hours of gender-based discrimination prevention training to supervisory employees every two years. The law also requires that employers distribute DFEH-1895 brochures on gender-based discrimination. Click the link: https://calcivilrights.ca.gov/aboutdfeh/ for more information.
An employer can be liable for gender-based discrimination by employees, coworkers or third parties if the conduct occurs outside of work hours or if the employer knows about the conduct. Employers are also liable if they fail to correct harassing conduct.
In some cases, the employer may also be liable for gender-based discrimination if they know about it but have taken no disciplinary action against the offending employee.
Determine whether a conduct is enough to constitute sexual harassment
Whether a conduct is enough to constitute sexual harassment in California is a question of the law. There are no hard and fast rules, but there are common factors that courts use to evaluate whether a conduct is severe and pervasive. These factors include the frequency of the conduct, the severity, and the effect on the victim’s psyche.
Sexual harassment is a form of gender discrimination that violates the Fair Employment and Housing Act and the California Civil Rights Act. The California Department of Fair Employment and Housing is responsible for enforcing these laws.
Sexual harassment includes unwelcome sexual advances, unwanted physical contact, and other forms of misconduct that interfere with an employee’s work performance. You can find more information about sexual harassment training in California, which employers are required to provide. In addition, it can cause adverse impacts on an employee’s job performance and future prospects for promotion and compensation.
Prove a case of quid pro quo sexual harassment
Trying to prove a case of quid pro quo gender-based discrimination can be a challenge. It requires the victim to show that the conduct was unwanted and that it had a negative impact on their employment.
To make a case of quid pro quo harassment, the employee must prove that the alleged harasser was a supervisor for the company in question. The employee must also show that the alleged harasser was in a position to influence his employment.
Often, the supervisor will offer the employee a favorable job action in exchange for sexual favors. This can include offering better work hours, a raise, a promotion, or a transfer to a more favorable position.
The best way to prove a case of quid pro pro quo gender-based discrimination is to have a thorough investigation of the behavior. An investigating team can look into the employee’s behavior and the actions of the supervisor.
A victim of quid pro quo gender-based discrimination may also be able to sue for punitive damages. Punitive damages are awarded to victims in order to discourage gender-based discrimination in the future. They are not common, but courts have ruled in favor of awarding them.
The federal government prohibits quid pro quo gender-based discrimination. Read more about this term by clicking the link. It is important to get help from an employment law attorney if you suspect that you have been the victim of gender-based discrimination.
Keep a diary of your gender-based discrimination
Keeping a diary of your gender-based discrimination isn’t for the faint of heart. However, if your company does not require that you document your experience, the best course of action is to just trust your instincts.
Your supervisor has no business trying to compel you to put up with any form of unwanted sexual behavior. The petty tyrant may be a little over the top, but he’s not above the law.
To get started, a good first step is to get a copy of your company’s policies. Check out the employee manual and be sure to note any gender-based discrimination allegations. Once you’ve got that sorted out, it’s time to start recording your experiences.