Sexual harassment is unwanted verbal or physical conduct. The conduct must be based upon sex, gender, or be sexual in nature. Employers are only liable for coworker sexual harassment if they knew or should have known about the coworker sexual harassment. Employers are liable for sexual harassment of a supervisor or higher level employee regardless of whether they knew or should have known the supervisory or higher level employee was engaged in sexual harassment.
Examples of workplace sexual harassment include:
Unwanted sexual advances
Offering employment benefits in exchange for sexual favors (quid pro quo sexual harassment)
Actual or threatened retaliation
Leering; making sexual gestures; or displaying sexually suggestive objects, pictures, cartoons, or posters
Making or using derogatory comments, epithets, slurs, or jokes
Physical comments including graphic comments about an individual’s body; sexually degrading wordsused to describe an individual; or suggestive or obscene letters, notes, or invitations
Physical touching or assault, as well as impeding or blocking movements
Sexual harassment can be done to annoy an employee regardless of whether the sexual harasser actually wants sex, or a date. Workplace sexual harassment can be done by a straight member of the same sex to cause offense, embarrassment, or annoyance. Sexual harassment also occurs when a straight harasser has an interest in the victim’s sexual practices such as whether or how two women have sexual intercourse together.
Other words associated with sexual harassment include the phrase hostile, unwanted, and unwelcome. Although numerous flattering comments about a coworkers’ body or outfits may rise to the level of sexual harassment especially if they are sexual in nature of aimed at getting a date.
Frequent comments about wishing somebody could get shoes from the same designer line, however, does not sound like sexual harassment. Likewise, comments like you always dress professionally is not likely to be thought of as a hostile or offensive comment.
FOR A WINNING SEXUAL HARASSMENT LAWYER
Our lawyers for sexual harassment seriously consider lawsuits involving all forms of workplace sexual harassment. We have even obtained substantial economic recovery for victims of customer sexual harassment. By no means do we suggest employees should decide, without consulting legal counsel, whether they can or should sue for sexual harassment. However, employees should consider the following when trying to determine if they can sue for sexual harassment:
Did the sexual harassment occur within the last year?
Did the sexual harassment occur within the last three years?
Was the harasser in any way led on by the accused?
Did the victim of sexual harassment complain about the harassment?
Was the victim of sexual harassment subjected to more than one or two acts of sexual harassment?
Was the conduct offensive on an objective basis to somebody like the victim?
Was there retaliation after the complaint of sexual harassment?
Did the employer refuse, or fail to stop the sexual harassment?
Was the victim of sexual harassment fired because they did not want to be sexually harassed?
Our sexual harassment lawyers have handled more than 500 separate sexual harassment cases for men and women in California. We have tried in court, and won binding arbitrations for victims of sexual harassment. We have also won numerous important appeals for victims of workplace sexual harassment.
Please contact our attorneys for sexual harassment at
1-877-525-0700 if you are inclined to take action
against your employer for sexual harassment.
Examples of our winning sexual harassment appeals include: Dominguez v. Washington Mutual, Katabalwa v. ITT Shearaton, Ortega v. Inter-Con, and Shaw v. Long’s. Although not a guarantee of what will happen with your case, we have never lost a sexual harassment appeal.
Examples of our won binding arbitrations for sexual harassment include: Olivas v. Presidente, Larson v. VXI, and Levander v. Rose Hills.
Examples of our winning jury trials for sexual harassment include: Sexual harassment by a female construction worker. Other cases involved sexual harassment of a security officer and employee in the medical field.
Our sexual harassment settlements include:
|$675,000 settlement for sexual harassment by a warehouse manager that involved retaliation and employment ending||$465,000 settlement for sexual harassment involving a serious sexual battery|
|$365,000 settlement for sexual harassment by a manager who harassed several women||$270,000 settlement for sexual harassment by a supervisor who harassed several women|
|$225,000 for customer harassment the retailer refused to stop||$200,000 settlement for attempted rape by a CEO|
|$195,000 settlement for a woman sexually harassed by a non-profit manager||$162,000 settlement when a manager accused years ago at another employer sexually harassed our client|
|$160,000 settlement for a woman harassed by a coworker who raped another woman||$160,000 settlement for a pattern of on-going sexual harassment|
|$150,000 for sexual harassment of an 18 year old part-time worker||$672,500 settlement for sexual harassment at a truck stop|
Past successes are not a guarantee nor prediction of the outcome on a particular case. Each case is unique to its own facts
Call our sexual harassment lawyers and receive professional legal representation