Sexual harassment attorney | lawyer in Sacramento

Sexual Harassment

Victims of sexual harassment often experience psychological trauma long after they have left the abusive environment. All employees deserve to be treated with respect and dignity. Sexual harassment often destroys the self confidence, drive, and efficiency of the victim. When the employer does not believe the victim, or fails to remedy the situation, the psychological impact is made worse.

Fortunately, most employers will not tolerate any form of sexual harassment. However, a surprising number of employers, whether it is because they do not believe the victim and/or are protecting the perpetrator, fail to take action when informed of sexually harassing behavior in the workplace. In these cases, the victim has little choice but to leave her employment and/or seek legal assistance. It is reprehensible that a victim of sexual harassment would be forced to resign her employment because the employer refuses to take appropriate actions. In some cases, legal action is the only way the employee can seek justice.

Throughout his years of practice, Mr. Fulton has been involved in numerous sexual harassment cases in which the victim was not believed by the employer until litigation was well underway.  Unfortunately, some employers will only take remedial or corrective action after a lawsuit has resulted in a substantial verdict or settlement.

Definitions of Sexual Harassment

Sexual harassment in the workplace comes in many forms. Below are definitions under California law for different types of sexual harassment. We have simplified and edited the definitions to make them more easily understood by a layperson:

Harassment includes, but is not limited to:

Verbal harassment. For example: epithets (abusive word or phrase), derogatory comments or slurs, based on gender or of a sexual nature;

Physical harassment. For example: assault, impeding or blocking movement, or any physical interference with normal work or movement, when directed at an individual based on gender or of a sexual nature;

Visual forms of harassment. For example: derogatory posters, cartoons, or drawings based on gender, or of a sexual nature;

Sexual favors. For example: unwanted sexual advances which condition an employment benefit upon an exchange of sexual favors.

Harassment of an applicant or employee by an employer or similar entity, its agents (employees) or supervisors is unlawful. The above definition is only an “outline.” Mr. Fulton has handled sexual harassment cases which range from repeated sexual comments to forcible sexual assault in the workplace. As with any legal analysis, you should consult with a qualified attorney in order to determine whether you have experienced unlawful sexual harassment.

In sexual harassment litigation, there are generally two theories available to a Plaintiff: (1) quid pro quo sexual harassment and (2) hostile work environment sexual harassment:

Quid pro quo sexual harassment occurs when an employee’s subjection to sexual conduct is linked to the grant or denial of job benefits, such as getting or retaining a job, or receiving a favorable performance review or promotion. In more simple terms, quid pro quo harassment occurs when a person in a position of power is seeking sexual favors in return for job benefit. This is usually done in a very subtle manner, for example, a supervisor says to a subordinate employee, “I know you really want that promotion, let’s go talk about it in my hotel room.” However, in some cases, the perpetrator will directly inform the employee that sexual conduct is required to obtain the job benefit: “If you sleep with me, you will go far in this company.” Often, a third party is used as an example of “how to move up in the company”: “Go ask [name of prior victim] how she got on my good side.”

Hostile work environment sexual harassment (also known as the sexually charged workplace) occurs when sexual conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment. Examples of hostile work environment sexual harassment include, but are not limited to, the following examples:

1. inappropriate and unwelcomed touching (including sexual activity)
   
   
2. co-workers who repeatedly refer to sex or sexual situations, either directly or by implication;
   
   
3. sexual posters (centerfolds, for example), drawings, or sexually suggestive material is displayed in the workplace;
   
   
4. references are repeatedly made to an employee’s anatomy (e.g. “your breasts look fantastic today”);
   
   
5. repeated sexual leering (staring) at the victim or particular body parts of the victim; and
   
   
6. inappropriate sexual jokes

While most cases of sexual harassment involve male perpetrators and female victims, it is not always the case. Sexual harassment can also involve a female supervisor or co-worker harassing a male employee. Similarly, it can also include same-sex sexual harassment.

Contact our office to discuss your case

If you believe you have been the victim of sexual harassment, please contact our office to discuss your case. You can tell us about your case confidentially online, or call us at (916) 441-5566.