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Sexual Harassment Archives

New California law concerns sexual harassment litigation

Previous posts in this blog address the possibility of an employer’s retaliation against an employee for accusing someone in the workplace of sexual harassment. Whether a person is unfairly demoted, terminated or otherwise disciplined for reporting sexual harassment, retaliation is just as unlawful as the harassment itself. A new law serves to protect California employees from one type of retaliation – defamation litigation – after accusing someone of sexual harassment.

Why is sexual harassment so hard to prove?

No matter where you work in California, days probably exist – maybe many of them – when you wish you did not have to be there. Maybe the problem is a nasty boss. Maybe a cranky coworker. Maybe the lunchroom that seems to breed nothing but lewd jokes and strange little green or black spots in the microwave.

Changes to California's sexual harassment laws

Residents in California have certainly been aware that the issue of sexual harassment or misconduct has received more attention in the last year or so. For many, there are not only concerns about potential sexual harassment in the workplace but also about how allegations of these actions are handled. The state of California will see new laws go into effect in 2019 that will continue to place the burden of proof on the person making any allegations but that may well make it easier to prove them.

Men are sexually harassed too

In recent posts, this blog has discussed numerous ways employees are subjected to sexual harassment in the workplace, especially women in fields where this is common, such as the restaurant industry. However, many California residents may not realize that men can be victims of sexual harassment, as well. In fact, harassment is not limited to gender on either side.

Making the arbitration agreement optional

When people are hired to work for a company, they may be required to sign an arbitration agreement. What employees may not know, is that when they sign this document, they are giving up their right to initiate lawsuits involving discrimination, labor violations, sexual harassment claims and any other type of discrimination. Rather than taking these matters to court, the arbitration agreement requires workers to work out the issue out of court using mediation.

Can sexual harassment be subtle?

When you hear about sexual harassment in the news, the story may talk about overt acts committed by creepy managers and lecherous customers. While you may know that sexual harassment in the workplace is common in California, you might not recognize its different forms. Many types of sexual harassment are subtler than the headlines suggest. In fact, sexual harassment often starts in less obvious ways before increasing in intensity, or it may remain subtle, yet equally damaging.

Women are not the only victims of harassment

When people think of sexual harassment in the workplace, they often think of a man harassing a woman with either unwanted advances, explicit remarks or threats. The truth is, men are victims of harassment as well in California and across the entire country. Yet, these incidents are not heard of as often. More and more men are reporting cases of being harassed at work by other men or female coworkers or management, according to the Equal Employment Opportunity Commission. The number rose from 11.6 percent of sexual harassment claims coming from men in 1997, to over 16 percent in 2011. In all actuality, this number is thought to be much higher, as many men do not report these incidents because they are embarrassed.

Why sexual harassment is so prevalent in restaurants

If you count yourself among the many people across California who currently make a living working in a restaurant or other food service establishment, you may understand all too well just how common sexual harassment can be in such an environment. At the Law Office of Jeffrey D. Fulton, we understand just how much unwanted advances in the workplace can affect you and your ability to earn a living, and we have helped many victims of workplace sexual harassment seek appropriate recourse.

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