California Sexual Harassment and Five Key Things Employees Must Know
MYTH #1: A simple yet common question with regards to California Employee Sexual Harassment has to do with who can sue. The simple answer is that any employee who works for a company can sue for sexual harassment. Furthermore, sexual harassment does not have to be perpetrated by a member of the opposite sex. California sexual harassment laws protect victims of same sex harassment whether or not the perpetrator is homosexual. If you feel that you have been the victim of sexual harassment, it is important that you contact a California Labor Law Attorney immediately.
MYTH #2: Sexual harassment must involve being touched. Nothing could be farther from the truth. California sexual harassment can include a large range of inappropriate behaviors that include but are not limited to; touching, but promotion of or retaining of employment in exchange for sexual favors, unwanted sexual comments, leering or other visual harassment, offensive materials, posters and jokes.
MYTH #3: Sexual harassment must occur only in the workplace. In actuality, sexual harassment may occur in a wide variety of business, professional or service relationships. We can help employees become familiar with California Civil Code of Procedure 51.9 to be clear on which relationships are covered.
MYTH # 4: Employees must be the direct victim of sexual harassment in California in order to potentially file a claim. This is incorrect. If the sexual harassment permeates the work place of the employee even if the harassment is not directed at the employee, but rather happens in the presence of the employee. An important point, however, is that the harassment must be severe and interfere with the employees work performance. This “severe” standard is typically upheld if there is sexual touching.
MYTH # 5: An employee cannot win a sexual harassment case without witnesses or hard evidence. This is untrue. While, witnesses and evidence help a case, “he said, she said” cases have been decided in favor of the plaintiff if the court feels the plaintiff is more credible than the defendant.
If you feel that you have been the victim of sexual harassment, it is important that you contact a California labor law attorney immediately. The statute of limitations is strict in this area of labor law, so it is imperative to talk to a California labor lawyer at the earliest possible time so that your case can be assessed.
You can contact our offices directly at:
415) 200-0012 – 101 California St Ste 2450, San Francisco, CA. 94111
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