A San Jose Attorney Helps You Fight Back Against Sexual Harassment
Do not let inappropriate behavior ruin your work environment
California has strong prohibitions against sexual harassment in the workplace. Unwanted advances, off-color comments and other sexually suggestive behaviors are prohibited actions, and employers are required to take immediate measures, if possible. If you believe you have been the victim of sexual harassment in the workplace, you can fight back.
The Law Office of George Duesdieker fights for those in the San Jose area who have been subjected to sexual harassment at their jobs. We work to protect your rights so you can have a workplace free from inappropriate behavior and embarrassment.
Sexual harassment under the Fair Employment and Housing Act
The California Fair Employment and Housing Act regulates businesses in the Golden State, and broadly defines sexual harassment to include gender harassment, and harassment based on pregnancy, childbirth or related medical conditions as well as sexually suggestive behavior. The Fair Employment and Housing Commission offer an abbreviated list of behaviors that are considered sexual harassment:
- Unwanted sexual advances or propositions
- Threats or reprisals after a negative response to sexual advances
- Derogatory comments, epithets or jokes
- Commentary about an individual’s physical appearance
- Physical conduct, including blocking movements
- Benefits or advancement offers in exchange for sexual favors
- Staring, suggestive gestures or jokes
- Suggestive humor or material, like posters or pictures
If you have been subjected to any of the above actions or other activity that you believe may fall under California’s definition of sexual harassment, it is important to speak to an employment lawyer so your claim may be quickly filed.
Employers have an obligation to prevent sexual harassment
An individual or coworker who sexually harassed you can be held personally liable for damages. Under certain circumstances, a company may also be held liable for the harassment of an employee, even if that company was unaware of the behavior. State law outlines several steps that businesses must take to prevent harassment:
- Posting information regarding sexual harassment ― The California Department of Fair Employment and Housing provides a poster and brochures outlining the rights of victims and examples of prohibited conduct. Employers must make such information readily available to their employees.
- Remedial action ― An employer who has been informed of unacceptable behavior must take immediate steps to stop any ongoing harassment. All claims must be investigated fully, a complainant fully informed of the procedures and steps must be taken to ensure the prohibited activity will cease.
- Sexual harassment training ― Businesses with 50 or more employees must have at least two hours of interactive training for all supervisory employees every two years.
If management at your job has failed to respond effectively or has kept you in the dark about your legal rights, they may be liable for your ordeal.
Contact us to speak to a San Jose lawyer about your sexual harassment case
The Law Office of George Duesdieker represents clients in San Jose and the South Bay area who have been victimized by coworkers or their company. If you have been affected by sexual harassment, contact us at 650.684.5444 or online to schedule a free initial consultation with our attorney, George Duesdieker. We offer contingent fees, so you are not billed until you receive compensation.