Is Sexual Harassment in the Workplace a Crime?

Sexual harassment is widely reported in offices across the country. The problem has shown no signs of abating even after aggressive awareness campaigns and the implementation of stricter laws. Sexual Harassment is a civil offense under the state and federal laws. The question we have to ask is when does the offense become criminal? San Bernardino, CA sexual harassment lawyers highlight the major aspects on this type of harassment and if is considered a crime.

What are the types of sexual conduct faced by employees?

• Unwelcome conduct

Well the good news is that the harasser cannot claim that since there was consent there is hardly any ground for a harassment suit. We must remember that in an office, power dynamic plays a major role in everything. The victim may find it difficult to resist advances of a sexual nature by a manager because of fear losing their job and may therefore participate unwillingly. However, if someone indulges in any activity of sexual nature willingly without discomfort then this will not hold as sexual harassment. 

• Sexual conduct directed against a gender

Some people think they are so smart. Some people believe they can say things and do things that they should know someone else does not appreciate and get away with it. If you need a San Bernardino, California sexual harassment lawyer, you need to use this digital tool to turn the tables on this type of individual. Here you go: http://sexual-harassment-lawyers.usattorneys.com/california. 

A civil suit can be brought against someone who misbehaves with you purely because of your gender. This means that even if the behavior is not explicitly sexual you can still file a lawsuit if you are victim of derogatory acts or comments against your gender and Southern California sexual harassment attorneys will be all over this like white on rice.

• Offensive work environment

A minor dirty joke in an office canteen and even harmless flirtation is not offensive. However, exceptions happen when you are at the receiving end of a continuous barrage of commentary, sexual photos and videos, and constant requests for a date. An employer can face serious trouble if the company allows its employees to have screen savers and posters of a sexual nature.

There is people that actually still do this!

• Adverse job actions

Plaintiffs often come to court with proof that they have either been threatened with dire consequences involving their job and in some cases have actually suffered from tangible actions when they rejected certain sexual offers by their supervisors. These implications range from promotion denials to termination and a reduction in working hours.

When does Sexual Harassment in Office become a Criminal Offense?

Rape- Oftentimes harassers can turn into rapists and this is when it becomes a criminal case. San Bernardino, CA sexual harassment lawyers recommend that plaintiffs file a civil lawsuit against the employers for failing to provide security. Therefore, the victim has to fight two cases simultaneously but they will have outstanding legal help on their side during this multi-pronged legal assault.

Battery and Assault- When a sexual offender threatens bodily harm or has actually assaulted the victim then a criminal charge can be filed in court.

False Imprisonment- If the victim is physically restrained then a criminal case can be brought against the harasser. In addition, if the presence of a threat has forced the victim to stay indoors this too can be deemed a criminal offense.

Bullying- If a manager posts offensive photos of the victim on a social media knowing clearly that the page is visited by his/her colleagues, this action is construed as bullying. In addition, if a manager is guilty of veiled threats such as adverse job actions after the plaintiff’s refusal to participate in a sexual act then anti-bullying laws come into effect. Stalking and pornography are criminal offenses as well.

Employers have the power to prevent managers from misbehaving with their subordinates. If your employer fails to take any steps to prevent any form of harassment or discrimination, do make it a point to consult a southern California sexual harassment lawyer as soon as possible. Why wait? That only helps the other side!