Everyone has a right to work in a fair, equitable, and safe workplace, free from discrimination and harassment. When sexual misconduct gets in the way of employee rights, the negligent employer that perpetrated or otherwise contributed to the misconduct may be held liable. Experiencing sexual misconduct in the workplace is a traumatizing experience and often leads to the survivor of the misconduct leaving their job. It is deeply unjust when an employee has to leave a job that they otherwise enjoy and rely on to support themselves and their loved ones due to illegal sexual misconduct. Considering legal action following an event like this can be daunting – our team of workplace sexual misconduct attorneys has seen the immense relief that justice can bring. Those who take the courageous step to pursue legal action against their employer are likely to recover financial compensation and also take an important step toward ensuring that no one suffers sexual misconduct in their workplace again.
Our team of workplace sexual misconduct attorneys brings over 300 years of combined experience to cases like yours. We understand that navigating the trauma that sexual assault, harassment, and abuse cause is a distressing and difficult experience that is further complicated when it occurs in the workplace. Our team is here to help. We will listen to your story and help you hold responsible parties accountable for their negative impact on your life. If you have experienced sexual misconduct in the workplace, it is not your fault – contact us today.
What is sexual misconduct in the workplace?
It can be challenging to recognize sexual misconduct when it occurs – especially in companies that have a culture that allows such activity. It is important to understand that what might not rise to the level of sexual misconduct in a public setting often constitutes illegal activity within the workplace. Sexual misconduct in the workplace has occurred when there is an instance of:
- Inappropriate Touching. This can include intentionally colliding with someone in a manner that is designed to appear accidental. It often includes touch on sensitive areas of the body.
- Verbal Harassment. Verbal harassment can include a wide variety of offenses but generally regards inappropriate questions, comments about physical characteristics, or lewd jokes. Often, verbal harassment is ongoing and occurs routinely.
- Circulating/Sending Inappropriate Content. In some cases, employees have received regular inappropriate communications such as pornographic content.
- Sexual Assault. Along with the possibility of criminal charges, sexual assault can give rise to a civil action for financial compensation from the negligent employer that perpetrated or permitted the assault to occur.
- Sexual Demands. This can include persistently requesting a colleague or employee to go on a date or more explicit sexual requests.
- Gender-Related Name Calling. Certain coworkers may find this funny, but it is classified as sexual harassment.
- Flashing. Intentionally displaying genitalia or otherwise sensitive areas to a coworker is workplace sexual misconduct.
Sexual misconduct in the workplace can manifest in many different ways. Broadly, if you feel violated at work, it’s likely you’ve experienced workplace sexual misconduct. Contact our team of workplace sexual misconduct attorneys today to see if you have a claim.
What laws restrict sexual misconduct in the workplace?
In California, sexual misconduct in the workplace is illegal and can give rise to civil claims. It is important to understand the broad range of legal protections that employees in California can rely on, including:
- California Fair Employment and Housing Act. This law provides the most essential protections against workplace discrimination and sexual misconduct.
- CA Government Code 12940. This law is largely focused on discrimination and protects against harassment, including sexual harassment.
- CA Civil Code 51.9. Specifically prohibits sexual harassment and misconduct in business relationships such as employment.
The law is clear: sexual misconduct in the workplace is never okay. If the perpetrator of your sexual abuse was not in a position of authority in your workplace, your employer may still be liable for negligent hiring and training and, in some cases, for failing to stop continued misconduct. Making the courageous choice to fight back can bring both financial compensation and the satisfaction of obtaining justice. You did not deserve to have your workplace and employment experience tarnished by sexual misconduct – contact our team today to take the first step toward making it right.
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How much does a workplace sexual misconduct lawyer cost?
Our team of workplace sexual misconduct attorneys knows that financial burden can be a significant barrier to pursuing legal action even for those who are certain they would like to. At Arias Sanguinetti | Trial Lawyers, our team specializes in complex cases and works on a contingency basis, meaning we only get paid if we win. We are dedicated to the pursuit of justice and will never pose any out-of-pocket cost to you.
It is important to act quickly following an instance of sexual misconduct in the workplace. Our team of attorneys wants to see you get justice, and this is always easier if we take the first steps sooner. Contact us to learn more and get started today.
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