Los Angeles Workplace Harassment Attorneys

In California, sexual harassment is prohibited for employers of any size. Sexual harassment takes many forms: 

• Being the butt of sexually-charged jokes or pranks
• Spreading rumors about the victim
• Being grabbed, groped, fondled or whistled at
• Sexual advances
• Threats
• Requests for sexual favors 
• Leering or staring
• Blocking the victim’s movements at work
• ·Invasion of the victim’s person space
• Unfairly disciplining the victim
• Stalking the victim
• Flashing the victim
• Texting and emailing the victim
• Denying promotions or pay raises to the victim
• Invasion of privacy

Verbal, visual, or physical conduct of a sexual nature can qualify as sexual harassment. 

Sexually charged conduct need not be directly aimed at victim for a lawsuit. For example, if the harasser exposes the victim to pornographic pictures, the victim may have a sexual harassment lawsuit. 

Quid pro quo sexual harassment occurs when a supervisor demands sexual favors from you in exchange for his assistance in promoting, hiring, or retaining you ("Do this... or else!"). The demand for sexual favors can be express, like "If you go to bed with me, I will make sure you keep your job," or it can be implied from unwelcome physical conduct such as touching, grabbing or fondling. In "quid pro quo" cases, a single sexual advance may constitute harassment if it involves the denial of an employment benefit (such as a raise) in exchange for sex.

Sexual assault and rape are the most egregious forms of sexual harassment. Victims of such crimes may bring civil suits against the perpetrator and, in many instances, against the employer is responsible for occurrence of the incident.

However, your employer can defend against a sexual harassment claim with proof that you permitted or consented to the “harassment.” In order to prove a hostile work environment claim, you may also have to show that the sexual conduct was without your permission. If you consented to the sexual conduct, you may be unable to maintain a sexual harassment lawsuit. Even if you once had an intimate relationship with someone who later sexually harasses you, you may still have a sexual harassment claim if you can show that you clearly indicated that the sexual attention was no longer welcome. For example, by having written a letter to the harasser that you are no longer interested in continuing a relationship with him and that his sexual attention is no longer welcome or appreciated, you may be able to establish that any sexual conduct that follows is harassment.

Harassment is illegal if it is based on the following:

• Sex 
• Sexual Orientation 
• Gender identity and expression
• Age
• Religion
• Race
• Color
• National Origin
• Ethnicity
• Disability
• Military Service
• Immigration Status
• Marital Status
• Pregnancy
• Union Activities
• Family and Medical Leaves of Absence
• Medical Condition

A work environment charged with ethnic or racial discrimination can violate the law. An employer has a duty to prevent and remedy instances of racial and national origin harassment. Racial slurs may constitute harassment even if made by one member to another member of the same race. An employer can be held liable for creating a hostile work environment when one of its supervisors makes a single racial slur. A hostile environment may exist even if some of the hostility is directed at other workers. Claims of harassment based upon religion involve the same principles. Hostile work environment claims can also arise from disability discrimination.

As an employee or a student, you have a right to work or study in an environment that is free of discrimination, intimidation, insult and ridicule. You may be able to file a hostile work environment claim in court if the harassment you experienced unreasonably interfered with your work performance or created an offensive or intimidating work environment. In order to have a claim for hostile work environment, generally, you must be able to prove that there was more than a single incident of harassment. However, an extremely severe single incident of harassment (such as a sexual assault or rape) may be enough for a lawsuit. Unless the conduct is quite severe, a single incident or isolated incidents of offensive sexual conduct or remarks generally will be inadequate to prove the existence of a "hostile environment."

If you are a victim of harassment at work, it may be wise to:

• Make clear to the harasser that you object to his conduct and demand that it cease
• Avoid the harasser where possible
• Cease communication with the harasser where possible
• Document the harassment
• Preserve proof of the harassment (email and text messages, Facebook posts, photos, disciplinary memos and write-ups)
• Note the names and contact information of any witnesses
• Note the names and contact information of any victims
• Inform a supervisor in writing of the harassment
• Inform a human resources representative of the harassment
• Demand an investigation into the harassment by your employer
• Resign from employment if the harassment becomes too difficult to bear
• Advise the California Civil Rights Department of the harassment within one year of its occurrence
• Advise the Equal Employment Opportunity Commission (“EEOC”) of the harassment within 90 days of its occurrence

Before a sexual harassment suit may proceed, you must bring your claims to the attention of the California Civil Rights Department and/or the EEOC within specific time frames. Don’t delay. You may lose your right to sue. Speak to an employee rights attorney before you take these actions. They aren’t right for everyone. 

California State Superior Court or Federal Court 

If your sexual harassment claim arises in California, you may have a choice to file your lawsuit in a federal court, the United States District Court for the Central, Northern, Eastern, or Southern Districts of California, or a California State Superior Court. This is especially true if you sue under the United States Civil Rights Act of 1964 (discussed further below). In federal court you will need a unanimous jury to win, whereas in a California State Superior Court, you will only need 10 of 12 jurors to prevail. 

New York State Laws Against Sexual Harassment

The New York State Human Rights Law (NYSHRL) prohibits discrimination based on sex, which includes sexual harassment. It views sexual harassment as a form of sex discrimination. You can find the NYSHRL in the New York Executive Law, at Article 15.

The NYSHRL defines sexual harassment broadly, including: 

• Quid Pro Quo Harassment: When someone in a position of power (like a boss or supervisor) demands sexual favors in exchange for job benefits or threatens negative consequences for refusing.   
• Hostile Work Environment: When unwelcome sexual conduct creates an intimidating, hostile, or offensive work environment. This can include things like offensive jokes, unwanted touching, or displaying sexually explicit materials

The NYSHRL applies to all employers in New York State, regardless of size. This means even small businesses with just a few employees are covered. However, the NYSHRL does not impose liability on employers absent a showing that the employer became a party to the discriminatory conduct.

A victim of sexual harassment can sue for compensatory damages under the NYSHRL including back pay, front pay, emotional distress, medical expenses, and damages to reputation. You can sue for reinstatement under this law, but you may waive your right to a jury trial by doing so. 

NYSHRL does not provide for punitive damages, attorneys' fees, and affords only a limited right to a jury trial. 

To sue under the New York Human Rights Law, you may first file a complaint with the New York State Division of Human Rights(NYSDHR). The Division will automatically file your complaint with the Equal Employment Opportunity Commission(EEOC), the federal agency that enforces the anti-discrimination and harassment laws of the United States, including Title VII of the Civil Rights Act of 1964. However, the NYSHRL doesn't require you to file the complaint with the Division before going to court. You have a direct right to sue.

You have three years to file a sexual harassment complaint under the NYSHRL, whether with the NYSDHR or in court.

Unlike the NYC Human Rights Law (discussed below), the NYSHRL doesn't have a specific provision that allows for a lawsuit against an individual coworker or supervisor for sexual harassment.

New York City Law Against Sexual Harassment

The City of New York has its own laws prohibiting sexual harassment. This includes the New York City Human Rights Law (NYCHRL) as amended by the Stop Sexual Harassment in NYC Act. It is contained in the Administrative Code of the City. This law applies to all employers, no matter how few workers it employs.  It requires employers to provide all of their employees with annual sexual harassment prevention training. It also requires all employers to post sexual harassment prevention notices for all employees to see and distribute a fact sheet on harassment in English and Spanish to employees at the time of hire. 

You may sue under the NYCHRL so long as the defendant has offices in New York City. 

The Stop Sexual Harassment in NYC Act prohibits retaliation against employees who object to sexual harassment in the workplace. Unlawful retaliation can include terminations of employment, an undesirable reassignment, or even an increased workload. 

A victim of gender-based harassment has three years to file a discrimination complaint with the New York City Commission on Human Rights (CCHR). After you file your complaint with the Commission, you can request that it dismiss your case for administrative convenience. This is known as an “administrative convenience dismissal.” Then, you can proceed with your complaint under the Act in a court of law. Alternatively, you can bring a lawsuit in court right away without filing a complaint with the Commission. 

A victim of sexual harassment who sues for violations of the NYCHRL can request the following remedies: 

• Compensatory damages
• Back pay and front pay
• Punitive damages to deter similar conduct in the future
• Civil penalties
• Reinstatement
• Attorney's fees and costs
• Expert witness fees

To obtain punitive damages under the NYCHRL, you must show that the defendant engaged in discrimination with willful or wanton negligence, or recklessness, or a conscious disregard of the rights of others or conduct so reckless as to amount to such disregard.

Federal Law

Federal law refers to the law of the United States of America. The primary federal law of prohibiting sexual harassment in employment is Title VII of the Civil Rights Act of 1964 (Title VII). Sexual harassment is considered a form of sex discrimination under Title VII. It applies to employers with 15 or more employees. It protects both applicants and employees from sexual harassment based on their sex, gender, or sexual orientation. It covers various forms of harassment, including:

• Quid pro quo: When employment benefits are conditioned on sexual favors; and 
• Hostile work environment: When unwelcome sexual conduct creates an intimidating, hostile, or offensive work environment.

Employers are responsible for preventing and addressing sexual harassment in the workplace. They can be held liable if they knew or should have known about the harassment and failed to take appropriate action.

There are other federal laws that prohibits conduct related to sexual harassment. The Pregnancy Discrimination Act prohibits discrimination based on pregnancy, childbirth, or related medical conditions, which can include sexual harassment related to these conditions. The Equal Pay Act prohibits wage discrimination based on sex, which can be relevant in cases where sexual harassment leads to unequal pay. The Age Discrimination in Employment Act protects individuals 40 years and older from age-based discrimination, including sexual harassment. The Americans with Disabilities Act prohibits discrimination based on disability, which can include sexual harassment related to a disability.

New York Supreme Court or Federal Court District Court

If your sexual harassment claim arises in New York City, you may have a choice to file your lawsuit in a federal court, the United States District Court for the Southern District of California, or the New York Supreme Court. This is especially true if you sue under the United States Civil Rights Act of 1964. Federal court have a reputation for broader rights to discovery (collection of evidence), however, in federal court you will need a unanimous jury to win, whereas in the New York Supreme Court, you will only need 5 of 6 jurors to prevail. 

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If you are a victim of workplace discrimination, please call us for help. Contact us online or call (877) 242-7034 for a free initial consultation. Hablamos Español (877) 452-0078.