California Labor Law Attorneys Aid an Increasing Number of Men with Sexual Harassment Claims

Since the recession, more and more men are contacting California labor law attorneys to make claims of sexual harassment in the workplace. According to the U.S. Equal Employment Opportunity Commission (EEOC), 16.4% of all sexual harassment claims were filed by men in 2009, which is up from 15.4% in 2006. While there are instances of women sexually harassing men, the reported cases mainly consist of men harassing other men. This trend can be explained in part by the recession. The recent economic downturn has impacted men far greater than women. The Bureau of Labor has reported that from September 2008 to January 2010, 4.4 million men compared to 2.3 million women lost their jobs. Because they fear for their livelihood, some men use harassment as a way to humiliate or control co-workers who they perceive as a threat. The behavior most often takes the form of comments about their genitalia, sexually suggestive simulations, and lewd comments. The rationale is that by creating a hostile environment, a co-worker will have a lower job performance and, therefore, become a more likely candidate to be laid off. States with higher unemployment rates have seen the greatest increase in harassment claims filed by men. For example, in California the percentage of claims filed by men rose from 18.7% in 2007 to 23.6% in 2009. States with a lower unemployment rate such as Nebraska actually saw the number of claims decline. It should also be noted that these numbers may not be totally accurate as many instances of male harassment go unreported due to embarrassment and the appearance that one is weaker than another.

Same-sex harassment has only been recognized by the legal system for a little more than 20 years. Typically, in the case of male on male harassment, the plaintiff must show that the work conditions are so permeated with discriminatory intimidation, ridicule, or insult that they constitute a “hostile” or “abusive” environment. If the plaintiff’s claims of harassment are objectively and subjectively reasonable, then he has a viable case against the employer. The only caveat is that the plaintiff must have viewed the conduct as inappropriate or unwelcomed at the time it occurred.

Sexual harassment claims should not be taken lightly by employers as violations come with stiff penalties. The most recently publicized case has involved The Cheesecake Factory restaurant. The EEOC filed suit against the eatery after six workers claimed they were repeatedly harassed, including allegations of fondling and sexual simulation. The company ended up settling the dispute for $340,000.00. Another high profile case concerned three employees at McDonald’s who claimed the manager consistently made sexually related comments and physical advances. The restaurant chain settled that case for $90,000.00.

Another component to the rise in harassment is that many companies are cutting costs by eliminating their sexual harassment training. Many managers simply do not know how to recognize and resolve sexual harassment issues. Typically, sexual harassment seminars should be provided on a yearly basis.

If you believe you have been the victim of sexual harassment, contact an experienced California labor law attorney to learn about your legal rights.

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