When is sexual harassment in a workplace a crime?

Due to the prevalence of the problem several changes in sexual harassment laws have been made in the US. However, these changes as well as awareness campaigns have not been able to arrest the problem much to the dismay of Los Angeles, CA sexual harassment lawyers. It is also important to note that the perpetrators are usually booked under civil laws and seldom under criminal laws – for obvious reasons but it is possible.

For the most part, civil laws are applied in cases of sexual harassment. The victim can bring a civil suit against the perpetrator which in most cases is the employer who is potentially sued for financial damages. Sexual harassment is usually not dealt as a criminal offense under the state or federal laws. However, there are specific acts that qualify as a crime.

Unwelcome conduct and sexual acts towards a gender of the victim are construed as sexual harassment. Moreover, if such sexual conduct creates an unfriendly or offensive work environment and the victim has suffered due as a result, the employer can be made to pay for the economic and mental distress. They will need a California sexual harassment attorney for sure in this case.

What construes the idea of unwelcome conduct?

Sexual harassment suits are often overturned if it is proved that an employee has willfully and happily got involved in a sexual act then tried to sue the employee for financial benefit. That employee is then summarily fired as well as would be expected for being dishonorable. 

In cases of sexual harassment, consent is for the most part, not necessarily a defense. The court will consider the power dynamics which is in play between the victim and harasser. A victim may not turn down sexual overtures from his/her boss for fear of long term adverse career implications. Therefore, sexual harassment may be deemed to have occurred even if a victim gives consent. However, the victim must find the conduct unwelcome. On the other hand, an employee who participates in sexual banter or any conduct that may seem overly friendly with a supervisor, it would be difficult to prove if the supervisor’s conduct was unwelcome according to law regardless of how hard their Los Angeles sexual harassment lawyer works at it.

Conduct of a Sexual Nature

To constitute sexual harassment the conduct must be sexual in nature and directed at the victim because of his or her gender. Often a snide sexual comment or act is intended not to fulfill a sexual desire but is directed against someone of a certain gender. This is nowhere close to what happened in the movie Disclosure (the book written by Michael Crichton) with Michael Douglass and Demi Moore. In this story, Moore’s character, almost rapes Douglass’s character. Yes, a woman pretty much raped a man.

This may not be considered rape in the eyes of the law depending on the jury since the jury could always say the man could have pushed her away. It is controversial to say the least and would obviously lead to some work place strife. 

Hostile Work Environment

A victim can claim sexual harassment in a variety of circumstances. This includes constant requests for a date despite being turned down, unwelcome emails, phone calls, and even offensive visuals. Often this deluge negatively affects the victim’s job performance. Workplaces that do not discourage offensive photos on computer screens can be booked under civil laws. Often times, in extreme cases, physical assault in the workplace happens when employees fail to take action.

What is a negative employment action?

If a victim tries to resist sexual harassment by a manager, he/she might face wrongful termination, bad performance reviews, lower pay, odd working hours, and delayed or lesser than expected increments, to name a few.

When does sexual harassment become a criminal offense?

Rape – If the victim was raped by a fellow worker then the assailant will face criminal charges and employer might also face sexual harassment lawsuit. 

Assault and battery – If a person threatens another individual or harms someone physically then an assault and battery charge can filed against the abuser.

False imprisonment – If the victim is forced to stay indoors due to a physical threat then a criminal case might be brought against the perpetrator.

Other criminal offenses include bullying, stalking, as well as pornography. To learn more about what constitutes harassment in the workplace, don’t hesitate to locate and come to terms with a Southern California sexual harassment lawyer right away (http://sexual-harassment-lawyers.usattorneys.com/california/).