Bakersfield Sexual Harassment Attorney

Sexual harassment in the workplace can be physical, verbal, or nonverbal. It can take on many forms, and often, victims of sexual harassment are in the dark about whether they really have a valid claim or how they should proceed. If you are an employee in Bakersfield, you should know that you are protected against workplace sexual harassment by the Title VII of the Civil Rights Act of 1964 (applicable to companies having at least 15 workers) and the California Fair Employment and Housing Act (FEHA), which is applicable to all employers. Typically, the California FEHA offers more protection than the Title VII of the Civil Rights Act of 1964.

Suppose you or someone you care about has been at the receiving end of such offensive conduct. In that case, it is advisable to gather basic facts about the applicable federal and state laws concerning sexual harassment and contact a top-rated Bakersfield sexual harassment attorney for help and guidance.

The federal law covers sexual harassment as a form of sexual discrimination at work. It includes demands for sexual favors, unwelcome sexual advances, other verbal or non-verbal conduct of sexual nature, when acceptance or rejection of such conduct can affect the victim’s employment status.

For a valid violation of the Title VII of the Civil Rights Act of 1964, the victim and the harasser can even be of the same sex. The victim, in this case, does not always have to be the one harassed. It can be anyone who has been affected by such conduct. The conduct should be unwelcome.

The Equal Employment Opportunity Commission (EEOC) – a federal agency, is responsible for enforcing Title VII. So, these sexual harassment cases are investigated by the EEOC.

As per the federal and/or state laws, our sexual harassment lawyers in Bakersfield demand that you be suitably compensated. Our experienced employment attorneys will not settle with your current/former employer for anything less than what your claim is worth. Our primary goal is to defend your rights as a worker in California and get you the maximum compensation possible.

The damages paid for sexual harassment cases for Bakersfield employees may cover:

• Lost wages
• Punitive damages
• Emotional distress
• Legal fees
• Reinstatement

If you believe you or a loved one believes you have a sexual harassment case from your current or even former Bakersfield employer, it is best to contact our law office for a free consultation.

Sexual harassment is a broad term and may include a variety of behavior. While direct sexual assault or any kind of unwanted sexual touching will, of course, be considered ‘sexual harassment,’ there are many other behaviors and actions that are not necessarily as severe but may constitute sexual harassment.

The California FEHA defines sexual harassment in two ways to protect employees against workplace sexual harassment.

1. Quid Pro Sexual Harassment

A Latin term ‘quid pro quo,’ means ‘this for that.’ In the case of quid pro sexual harassment, the harasser has some sort of authority about your employment. It is generally the most common form of sexual harassment at work. Here, the harasser demands that the victim provide some type of sexual favor, which does not have to be intercourse necessarily, in return for a benefit or to avoid a punishment related to the employment.

An employer or supervisor may, for instance, threaten to dismiss, give bad performance reviews, etc. or promise or threaten to withhold a promotion, bonus, compensation training, better work schedule, or better assignment in exchange for sexual favors.

The promise or threat does not always have to be explicit. Here, the sexual harasser makes it clear to the worker that their employment status will have a positive or negative impact depending on whether the harasser’s demands are met.

2. Hostile Work Environment Sexual Harassment

Sometimes abbreviated as HWE, hostile work environment sexual harassment constitutes severe or pervasive unwelcome behavior, based on your sex. The one harassing you may or may not be someone in a position of authority. So, this type of sexual harassment at work is applicable to everyone who comes in contact with the employee. Here, the unwelcome conduct does not involve the harasser threatening of consequences or promising benefits pertaining to your employment.

Some of the most common examples of hostile work environment sexual harassment in Bakersfield include:

• Sending vulgar messages
• Insulting jokes, comments, or slurs based on your sex
• Displaying sexual content such as graphics, cartoons, videos, or images

To build a solid sexual harassment case under the California FEHA law, our experienced Bakersfield sexual harassment attorneys work to establish the following:

• The objectionable behavior is based on your gender/sex: For harassment to qualify as ‘sexual harassment,’ it is important to establish that it was directed at you because of your gender or sexual identity. A man harassing a woman in the workplace because she wears blue shirts may not qualify as harassment based on gender. But, sexual innuendoes in the form of comments, messages, etc., or inappropriate physical touching may strongly indicate that the harassment is based on sex.
• The conduct on the part of the harasser is pervasive or severe enough to result in a hostile work environment: An isolated offhand remark from a co-worker, supervisor, vendor, etc., may not be enough to build a case or support a legal claim. The behavior has to be more than an isolated incident, occasional occurrence, or sporadic activity. For instance, telling someone they look handsome on one occasion is not sexual harassment. But, continued repetition of such comments may, in some cases, be enough to constitute sexual harassment.
• The offensive behavior is unwelcome: In legal terms, nonconsensual is not the same as unwelcome. At times, workers may consent to their harassers’ advances simply because they fear for their job.