What is the extent of employer liability in sexual harassment?

A California employer (including any public agency such as the state of California) can be held liable in a sexual harassment case if the harasser holds a position of authority such as a manager or a supervisor. The extent of liability can also depend on the nature of the harassment committed by the harasser.

Your life turned upside down

You have 20 sales calls tomorrow to make. Five of those calls are vital. In fact, two of those calls could make or break your month and possible even define what type of value the organization is going to place on you. You have two meetings with other co-workers and you have to prepare for a sales presentation as well. On top of this, your child has soccer practice and you have to make dinner and you are not even sure what that is going to be yet. Sound familiar?

10:34 in the morning you are walking to the bathroom and this jerk says something to you that is out of bounds and sexual in nature. You have so much on your mind and now your life just became even more complicated. This stuff should not happen but it does. Your job is challenging but now it just seems impossible. What do you tell your child?

You need to find a lawyer since this happened before and your public organization did not take care of this like they should have. Government workers are hard to fire! Click right here: http://sexual-harassment-lawyers.usattorneys.com/ to speak with someone outside of your organization that knows the law.

Nature of harassment

What is hard to fathom at times in terms of sexual harassment is that even if it is proved you will find it difficult to hold your employer liable. However, remember that your employer’s duty is to take action against your alleged harasser. If the employer is aware that such an incident has happened and has taken no remedial measures to stop the harassment then you, as a victim, might have a case against the employer and need a California sexual harassment lawyer.

In many cases the company’s president who sometimes acts as the employer’s proxy can also be held liable. In addition, if a supervisor who has been given authority to look over the well-being of a victim commits such an act then the employer can be named in a lawsuit.

Quid pro quo harassment might hold the employer responsible if it can be proved that a supervisor harasses someone using their rank as a threatening tool. The supervisor may threaten the victim with termination if he or she does not succumb to sexual innuendos and advances. In such a case the employer can be held liable.

In cases where the victim finds it difficult to perform normally at work due to a hostile work environment, the employer can be made liable since they have allowed such a situation to manifest. In some cases where the employer may be aware of the harassment but fails to take action, he can be held responsible. 

Employers can escape lawsuits if the act is committed by a co-worker or a customer. This is because they are not given authority over the victim by the company and moreover they are not employer’s proxies.

Behavior that indicates sexual harassment

• Sexually offensive jokes
• Unwelcome sexual gestures such as touching or groping
• Asking for sexual favors
• Offering bribes in return for sexual favors
• Intentional touching
• Threats of a sexual nature

 Immediate steps to take if you face sexual harassment

• The first step is to refer to the employee handbook and review the policies related to sexual harassment.
• Secondly, take notes and try to talk to witnesses and gather evidence against the perpetrator.
• Present the evidence to your California sexual harassment attorney.
• Speak to the harasser and try to explain that his or her behavior is unwelcome.
• File a complaint in Equal Employment Opportunity Commission is your employer fails to take any action.   

EEOC responses after a complaint

Your California sexual harassment lawyer will most likely recommend that you file a complaint with the Equal Employment Opportunity Commission (EEOC). The organization will immediately contact your employer and notify that you have filed a charge against them following which they will conduct their own investigation. If they find that the allegations are true, you will be given the approval to file a lawsuit in the federal court.

For the most part, the EEOC will prevent any form of retaliation from the employer against you or any other employee. Most importantly, you will need an experienced California sexual harassment lawyer to look into the nitty-gritty of the situation. The bottom line is to never be intimidated by the fact that your employer may have the wherewithal to hire the best defense. A lawyer will make sure your case is well presented in court and you receive compensation you rightly deserve.