Majority of employees and employers view sexual harassment from the perspective that it only entails a worker asking for sex from another worker. This is not the case. Sexual harassment in the workplace is a form of sexual discrimination based on both verbal and non-verbal behavior such as uncalled for sexual gestures and indecent sexual comments. This leads to extreme obstruction of an employee’s productivity and breeds an uncomfortable workplace setting. It is a violation of the Title VII Civil Rights Act of 1964 that seeks to curb sexual harassment. This article focuses on types of sexual harassment in the workplace.

Majority of employees and employers view sexual harassment from the perspective that it only entails a worker asking for sex from another worker. This is not the case. Sexual harassment in the workplace is a form of sexual discrimination based on both verbal and non-verbal behavior such as uncalled for sexual gestures and indecent sexual comments. This leads to extreme obstruction of an employee’s productivity and breeds an uncomfortable workplace setting. It is a violation of the Title VII Civil Rights Act of 1964 that seeks to curb sexual harassment. This article focuses on types of sexual harassment in the workplace.

There are two categories of sexual harassment that are acknowledged by the law.

1. Quid pro quo: In this case, recruitment, promotion and remuneration of employees is solely based on their willingness to offer sexual favors to the persons mandated to perform these processes. For instance, a department manager can threaten an employee of denying him/her a promotion unless sexual favors are extended. A male supervisor can also suggest to a female worker to dress in a suggestive manner to get the attention of the boss. All these acts amount to this kind of sexual harassment.

1. Hostile work environment: This arises when the work context is dictated by antagonism and coercion as a result of irrational sexual behavior by colleagues, greatly curtailing an employee’s productivity. This is manifested in the form of explicit sexual discussions, uncalled for sexual advances by a colleague, disrespectful sexual remarks and jokes as well as displaying materials that advance immoral sexual behavior. Further, if a colleague makes romantic gestures to a fellow colleague and they are turned and the person persists doing it regardless of knowing the truth, this is tantamount to sexual harassment. The offended employee has the obligation to file a complaint through the help of an employment attorney.

While these are the most prevalent forms of sexual harassment, there are other behaviors that can cause the workplace to become uncomfortable. 

Indirect sexual harassment can be diffucult to identify. In some situations, a non-partisan in sexual harassment may indirectly bear the consequences of sexual harassment. This results in a case where an employee agrees to a sexual favor requested by a supervisor in order to be hired or get undeserved promotion denying the chance to a person who deserves it through meritocracy. In such a scenario, the plaintiff has the right to file a complaint against the offender.

As a final point, it is the mandate of employees to ensure sexual harassment in the workplace is addressed by having relevant and sound polices that ensure the perpetrators face the consequences of their actions. Employees should also report such cases when they happen in order to get justice. Do you recognize the behaviors described above in your workplace? Contact us today to see if you may have a case. 

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California state legislation has been at the forefront by passing several bills that prevent sexual harassment in the workplace as well as within the state legislature. The package of bills was signed by the Governor of California, Edmund G. Brown on September 30th, 2018. These bills were put in place in support of women, children, working families in California. Many of these bills addressed sexual harassment and discrimination in the workplace and provide sexual training requirement to address professional liability, settlement agreement and enforcement, and strengthen whistleblower protections by including new protection for state legislature workers.

Key Areas Covered By The New Bills

Frequently Asked Questions

Here, we explore the commonly asked questions that might help you:

i) What constitutes harassment at work place?

Harassment at workplace includes any discrimination against age, sex, pregnancy, religion, marital status among other factors.

United Employees Law Group

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In order to encourage a safe and friendly working environment, the CA state legislature has passed several bills which are meant to curb sexual harassment in the workplace. The bills were signed on September 30th, 2018 by the California Governor Edmund G. Brown Jr.

The act mainly intends to protect women and children who are at risk of sexual harassment and any kind of discrimination at their workplaces. Apart from the harassment, the bills also address a number of issues at workplaces including:

• Sexual harassment training
• Professional liability
• Encourages whistleblower protections

Discrimination and Sexual Harassment

According to the new bills, it is unlawful for an employer or any other employment agency to discriminate and harass employees. The act, which is enshrined in the Fair Employment and Housing Act (FEHA), requires employers to take drastic actions that will prevent harassment and discrimination from occurring at their workplaces.

Some forms of prohibitive harassment that have been outlined by the law include gender-based harassment, sexually-motivated harassment, and pregnancy-based harassment.

Whistleblower Protection

The new bill is also designed to protect the interest of the employees who report any form of sexual harassment or discrimination. The bill protects the whistleblowers from being intimidated, dismissed from the job, or undergoing any form of punishment because of reporting a harassment case at the workplace.

Bystander Intervention Training

The act also requires employers who have more than 50 employees to train their supervisors on the issues of sexual harassment and other forms of discrimination. The training should be done within six months after one has assumed the supervisory role in the organization. This act also requires employers to train their employees on appropriate intervention moves that can prevent further harassment. The skills may cover both physical and mental intervention moves.

The Issue of Minors

FEHA also intend to protect minors who are already working in the entertainment industry. The act requires all the talent agencies to train minors on the issues of sexual harassment and discrimination. The agencies should provide adequate materials that contain these training. The content of the training should be provided in a language that can be understood by minors. They must also be trained on how to respond to incidents of harassment.

Enforcement

The Department of Fair Employment and Housing had been mandated with the responsibility of enforcing the FEHA act. It will receive, investigate and prosecute complaints regarding harassment.

How UELG Can Help You!

United Employees Law Group (UELG) is a law firm that is dedicated to helping employees who are facing all forms of harassment and discrimination at their workplaces. You only need to consult us and we will embark on a process that will ensure you get justice. Give us a call today!

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The issue of workplace harassment always was and still is a delicate subject. In California, the debate on the laws and regulations that enforce protection against harassment is continuing, but with the start of 2018, this US state also saw some practical changes related to this issue.

These come in the form of new laws signed by Gov. Jerry Brown during 2017. On January 1, 2018, these became effective laws that the employers need to adhere to. The changes include, apart from the leaves and benefits, health and safety, wages and hours, two new laws that regulate any issue of workplace harassment. Here is an overview of the same changes that all employers in California need to be aware of.

SB 396 – Training for the Issue of Gender-Based Harassment

The current law in California mandates that any employer who employs 50 employees or more has to provide at least 2 hours of training that is related to sexual harassment to any employee working as a supervisor. This has to happen every two years at least and it has to happen in the space of six months after a particular employee attains the supervisory role.

The newly signed SB 396 stipulates that employers with this number of employees must include in the same training process the elements of harassment which is based on gender expression, gender identity, and the employees’ sexual orientation.

Also, the employers have to place specialized posters made by DFEH (Department of Fair Employment and Housing) which covers the rights of transgender persons in the same workplace. Lastly, the law also expands on the definition of persons with employment barriers which now include gender nonconforming individuals and transgender individuals.

SB 295 – Training related to Sexual Harassment for Labor Contractors on Farms

The current law stipulates that labor contractor on farms must attest that their employees gain the proper training for sexual harassment prevention and follow up this with proper reporting. SB 295 expands on that, adding a mandate for the training of farm employees using a language they understand.

The same contractors also have to provide for their license renewal a list of resources and materialize used for this training and the number of employees that underwent it. This has to be submitted at least a month before their application to the Labor Commissioner. The SB 925 also provides the Labor Commissioner with the power to issue direct citations and civil penalties worth $100 for every single violation.

In short, the SB 396 and the SB 295 are the biggest changes in the batch of new laws related to labor and Employment in California in 2018.

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“Sexual Harassment:…any undesirable act or conduct with sexual undercurrents that adversely affect the beneficiary’s workplace.”

We’re all acquainted with outrageous demonstrations of sexual harassment, for example, a squeeze on the backside, gazing, lecherous comments and disturbing endeavors at touching. With regards to genuine cases of sexual harassment, everybody should comprehend what to do. Report the culprit to the experts as quickly as time permits. This individual is risky and should be dealt with ASAP. Then again, shouldn’t something be said about those little examples of sexual harassment, which make everyone feel weird?

What about when somebody offers an unwelcome: ‘You look hot!’

What about when somebody looks over at you and it feels awkward?

In any case, on the off chance that somebody just discloses to you that you look delightful, is that sexual harassment? In spite of the fact that I, for the most part, vanquish the field of history, this article will look at the issue of sexual harassment in regular day to day existence, how you can separate it from negligible consideration, and what you can and ought to do regarding it.

Cultures Matter

The truth of the matter is, sexual harassment is distinctive to every one of a kind individual. What influences one lady or man to feel sexually awkward may be adequate for another. Culture plays a turn in how extraordinary individuals see sexual harassment. Western culture is more adaptable, yet what may be an ordinary basic joke to an average American may be viewed as sexual harassment to somebody from the Middle East.

The most effortless approach to recognize what is or isn’t sexual harassment is to characterize it. This is with respect to the idea of a connection between those included and to decide if the activity is unsuitable. While two individuals who are close and are companions with each other for quite a long time, which have cooperated AND associated for a considerable length of time, may be happy with sharing a dirty joke among themselves, two individuals who just know each other through work presumably shouldn’t share such a joke.

One individual may consider such a joke hostile or appalling. That can undoubtedly constitute sexual harassment.

Unintended Harassment

A basic, “that pullover looks beautiful” comment given by a male manager to a female representative could be misconstrued, too. While these illustrations are not genuine offenses, they can cause pressure and can yield undesirable results.

Title VII

In 1964, the government extended Title VII, explaining sex separation and sexual harassment parameters. This was a defining moment with respect to what is seen as sexual harassment. As late as the 1970’s, remarking on a lady’s appearance or shape, or a male’s sexual proclivity was acknowledged as normal and even hilarious. Presently we perceive these activities as inconceivable in the workplace.

Title VII has disengaged the working environment, characterizing that specific things are not adequate, for example, “the production of an antagonistic workplace; the conduct of same-sex harassment has been incorporated inside the preclusions; managers have been cautioned that they should embrace grievance systems; and bosses have been held subject to culpable lead notwithstanding when they guaranteed to have not known about it.”

Using HR

Certain offenses ought to be taken to administrators and revealed. Much of the time, sexual harassment can be settled inside the HR division of the work environment through a grievance hearing or a meeting and these kinds of conduct can be abridged. In the event that they don’t stop, common suits and even criminal suits can be recorded in court. These cases are usually not simple and the grievance or trial process aren’t by and large pleasant, however in instances of repeat offenses, they should be managed in an official way.

Basically, genuine instances of sexual harassment must be authoritatively managed and put on the record somehow, so the conduct can be appropriately dealt with. Then again, the less serious cases can regularly be managed on a coordinated premise to talk about any worries. Much of the time, individuals don’t understand that they are sexually segregating or sexually pestering someone else. A straightforward joke or remark to them is only that. They don’t understand that it is rude to you or that it influences you to feel bothered.

The ideal approach to manage this conduct is a direct of correspondence with the wrongdoer.

Dealing With Harassment

By going up against an associate and revealing to them that you don’t enjoy getting hit on, that you don’t consider dirty jokes amusing, or that remarks about how you dress make you to feel awkward, you can often stop the issue from developing further. You don’t need to be mean, simply firm and decided.

As a rule, you will likely get an expression of remorse, and a sincere declaration that it won’t occur again in light of the fact that they did not understand that their conduct was inconsiderate. Keep in mind everybody is distinct in the way they were raised and they might not see things the way that you take them.

By and large, you can utilize this as an instructive tool. You can likewise enable the individual to improve when they figure out how their conduct can be taken as hostile. In the event that such conduct continues legal action must be taken. You should record a grievance to deal with the issue.

Getting Help

Numerous businesses give help with such cases yet in the event that not look for proficient help. The shame of sexual harassment can’t be disregarded, or significant issues, from depression to alcohol abuse, can emerge.

As it is with most mental injuries, however, correspondence quite often is by all accounts the way to mending.

• Speaking with a wrongdoer who doesn’t understand what they’ve done wrong can improve their understanding of the situation.
• Speaking with managers or experts can help take to care of more serious offenses so they never happen again.
• Speaking with friends, family, or a mentor about how the occurrence influenced you can enable you to move beyond it.

There’s a thin line between feeling complimented on your appearance and being harassed. At the point when that line is crossed, you should seek immediate legal aid.

There’s no room in this day and age ANYWHERE for sexual harassment, and now like never before, we have the devices to put and end to such shameful conduct.

Photo Credit: Shutterstock/ Dmytro Zinkevych

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Unfortunately, sexual harassment is common in many workplaces. If you are a victim of sexual harassment in the workplace, then you should immediately seek legal help. United Employees Law Group will be happy to help you out.
What does the term ” Sexual Harassment” exactly mean?
Sexual Harassment happens when your boss or any colleague in your office offers you sexual favors and advances against your wish. In order for an act to qualify as ” sexual harassment”, it should meet at least any one of the following three criteria:
1. has an effect on your employment in the office,
2. interferes unnecessarily with your work performance,
3. results in the creation of a very threatening and hostile environment.

Kinds of Sexual Harassment:
Cases can be classified into two categories:
1. Quid Pro quo- This is the most common form of sexual harassment found in offices. This happens when your boss asks you for sexual favors in return of some benefits. For example, if your boss informs you that your salary will increase only if you indulge in a sexual act with him or her. Even if you accept the offers at that time, you can still later on sue for sexual harassment.
2. Hostile Work Environment: This happens when the work environment gets very threatening and you are a regular victim of sexual abuses and comments from your colleagues or even the customers.

How to escape from sexual harassment?
You can take the following steps:
1. Inform the offender through writing or email, that you find their behavior very offensive and ask them to stop it immediately.
2. Jot down every minute details about the incident that happened to keep a record.
3. If other employees are also going through the same situation, then you can take their help.
4. Inform any offensive act directly to your supervisor. And if your supervisor is the culprit, then write to his or her boss.
5. You can file an official complaint with the HR department.
6. Record all your conversations regarding the sexual harassment incident. This can act as an important evidence in the future.

Can I sue the offender?
If you are suffering from sexual harassment, then you are eligible to go the EEOC and file a charge of discrimination against your employer. Your company can also file the suit on your behalf. United Employees Law Group can also file the case on your behalf.

Where to get additional support?
You can call the EEOC office to get their help. You can also visit the Human Rights Office in your state.

Photo Credit: Shutterstock/ ESB Professional

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There is a very important question that people do not think to ask but they should: what constitutes harassment? Harassment can be anything that has to do with making an individual feel uncomfortable. Once the individual has expressed their discomfort and request a change, if that request is ignored or causes the situation to get worse that is harassment. There are several different types that you have to be aware of. However we will majorly look at sexual harassment in California.

California state laws and Federal offer powerful protections against workplace sexual harassment and what would appear to be perfectly legal, when co-workers date, can give rise to liability under certain circumstances – and a situation where a sexual harassment lawyer may become necessary:

1. When that relationship is based on anything other than mutual consent.

2. Where the relationship spills over into the workplace creates a hostile work environment with inappropriate touching, sexual banter and sexually charged verbal comments.

3. When the relationship sours and there is retaliation. When a subordinate, for example, decides to end a relationship with his or her superior, a hostile environment may result from the disappointed individual. It becomes sexual harassment when retaliation occurs and the employer ratifies the retaliation by firing or harassing the victim.

4. When the relationship is a quid pro quo. This is a Latin term (translation: “this for that”) that can mean getting hired, or receiving a raise, a promotion or preferred assignments that are contingent on sexual favors or maintaining a relationship.

5. When a romantic advance is refused. If someone has refused the advances of a superior, then observes a co-worker who accepted similar advances from the same person who then receives a promotion or other benefits, it may be the basis of a sexual harassment claim. The law requires the employee to show substantial evidence of retaliatory intent following a termination.

In all instances where the services of a sexual harassment attorney may be warranted, it is beneficial to keep a diary of events and to report complaints with human resources departments when something occurs which feels wrong and appears to constitute inappropriate sexual conduct in the workplace.

Hire an experienced sexual harassment attorney

Your wages may be lost and your career damaged if you are subject to a hostile work environment relating to inter-company romantic relationships. With skilled and experienced http://www.california-labor-law-attorney.com/. legal counsel, those damages can be mitigated with recovery of lost wages and damages due to emotional distress.

Photo Credit: Shutterstock/Ditty_about_summer

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Majority of employees and employers view sexual harassment from the perspective that it only entails a worker asking for sex from another worker. This is not the case. Sexual harassment in the workplace is a form of sexual discrimination based on both verbal and non-verbal behavior such as uncalled for sexual gestures and indecent sexual comments. This leads to extreme obstruction of an employee’s productivity and breeds an uncomfortable workplace setting. It is a violation of the Title VII Civil Rights Act of 1964 that seeks to curb sexual harassment. This article focuses on types of sexual harassment in the workplace.

There are two categories of sexual harassment that are acknowledged by the law.

Quid pro quo

In this case, recruitment, promotion and remuneration of employees is solely based on their willingness to offer sexual favors to the persons mandated to perform these processes. For instance, a department manager can threaten an employee of denying him/her a promotion unless sexual favors are extended. A male supervisor can also suggest to a female worker to dress in a suggestive manner to get the attention of the boss. All these acts amount to this kind of sexual harassment.

Hostile work environment 

This arises when the work context is dictated by antagonism and coercion as a result of irrational sexual behavior by colleagues, greatly curtailing an employee’s productivity. This is manifested in the form of explicit sexual discussions, uncalled for sexual advances by a colleague, disrespectful sexual remarks and jokes as well as displaying materials that advance immoral sexual behavior. Further, if a colleague makes romantic gestures to a fellow colleague and they are turned and the person persists doing it regardless of knowing the truth, this is tantamount to sexual harassment. The offended employee has the obligation to file a complaint through the help of an employment attorney.

There is also a likelihood of another type of sexual harassment arising from quid pro quo sexual harassment as discussed below.

Indirect sexual harassment

In some situations, a non-partisan in sexual harassment may indirectly bear the consequences of sexual harassment. This results in a case where an employee agrees to a sexual favor requested by a supervisor in order to be hired or get undeserved promotion denying the chance to a person who deserves it through meritocracy. In such a scenario, the plaintiff has the right to file a complaint against the offender.

As a final point, it is the mandate of employees to ensure sexual harassment in the workplace is addressed by having relevant and sound polices that ensure the perpetrators face the consequences of their actions. Employees should also report such cases when they happen in order to get justice.

Photo Credit: Shutterstock/Ditty_about_summer

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