UNGERMAN LAW OFFICES

A: Sexual Harassment is offensive conduct based on a person"s sex, such as unwelcome sexual advances, or visual, verbal, or physical conduct of a sexual nature.  It can take many forms.  Examples include rape or assault, unwanted touching or fondling, constant solicitations (even in jest), requests for sexual favors, unwelcome flirting that does not stop, vulgar or lewd comments, offensive emails or notes based on sex, demotion or termination when sexual favors are refused, and being subjected to a sexualized work atmosphere where there are sexually suggestive cartoons or posters that are not part of the normal work environment.  However, not all conduct rises to the level of legally actionable sexual harassment.  It really depends on the circumstances and the type of Sexual Harassment being claimed.

A: There are two types: "quid pro quo" sexual harassment and "hostile work environment" sexual harassment.  The quid pro quo type is best exemplified by a supervisor who offers a job benefit such as a promotion, special project or bonus in return for a date or sexual favors, or threatens a job detriment if the employee fails to provide sexual favors.   If either of these scenarios occur, the employer is strictly liable for the acts of the supervisor and need not know about the conduct to be liable and this conduct is immediately actionable. 

The hostile work environment type occurs when the employee is subjected to visual, verbal, or physical conduct of a sexual nature that must be either "severe" (serious) or "pervasive' (frequent) such that a reasonable person would be offended and the employee was actually offended.  Generally, a single incident or two, unless serious, will not be enough to create the necessary hostile work environment.  Moreover, the employer must be put on  notice of the offensive conduct and have an opportunity to correct the problem or the employee will generally have no recourse in Court. Finally, reporting the harassment plays a part in a good faith attempt to minimize your damages.

A: The best initial course of action is to report the conduct in writing to your employer, either by following the instructions in your employer's Employee Handbook, or if there is none, informing someone in management you trust so that your complaint makes it to the appropriate managerial level who can do something about it. Document all complaints you make.   However, if you are being subjected to quid pro quo sexual harassment, you should immediately contact The Ungerman Law Offices to discuss your options.  If you are being subjected to hostile work environment sexual harassment, you should allow a reasonable amount of time after you complain for your employer to do an investigation and stop the conduct.  If the offensive conduct continues, disrupting your work environment, then you should contact The Ungerman Law Offices to discuss what recourse you might have.

A: Yes.  In California EVERY employer, even with only one employee, can be liable for sexual harassment.

A: Yes, as long as you reasonably believed you were being subjected to sexual harassment even if the conduct never rises to the level of actionable sexual harassment.  The law protects you from retaliation for making a complaint and renders legally actionable any actions that are viewed as rendering your work environment sufficiently "adverse", including but not limited to termination, demotion, reduction in duties, pay cuts, and transfers to less desirable positions.

A: Generally, within one year from the date of last offensive act, you must file a complaint with the California Department of Fair Employment and Housing or within 180 days file a complaint with the U.S. Equal Employment Opportunity Commission.  At some time thereafter, depending on how you choose to proceed, you will receive a "right to sue" letter.  You will then have one year from the date of the DFEH "right to sue" letter to file a lawsuit and/or 90 days from receipt of the EEOC "right to sue" letter.  It is best not to wait to the last minute but to seek counsel from a qualified attorney early on in the process.