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Workplace Harassment

Every workplace should be a safe and comfortable environment for all employees. Legally, every company and organization in California is required to ensure that measures are in place to prevent harassment and create a supportive work environment.

Workplace Harassment

Harassment can result in both emotional and physical injuries. Employers can be held responsible if they fail to prevent or properly address workplace harassment.

Our dedicated workplace harassment attorneys are committed to securing the justice you deserve. We are available 24/7 to fight for your rights and hold those responsible for the harassment accountable. Contact us today to ensure your rights are protected and to take the first step toward a safer work environment.

If you or a loved one have suffered harassment at work, contact our award-winning workplace harassment attorneys for assistance.

What Compensation Could I Receive for My Workplace Harassment Lawsuit?

Many people think that workplace harassment is very difficult to prove, so they may not have a successful lawsuit. But, that is not the case. A successful workplace harassment attorney will be able to prove your case and investigate the circumstances of your case so you can get the compensation you need.

  1. Lost wages or income: If you had to take time off work due to the harassment, you may be able to recover lost wages.
  2. Lost income: If you had to quit and leave your workplace because of the harassment, you could receive lost income. 
  3. Emotional distress: This is one of the most important types of compensation. Harassment can impact on your emotional well-being, causing distress, anxiety, and depression. 
  4. Medical expenses: If you suffered physical injuries as a result of the harassment, you may be entitled to compensation for medical expenses, including physical therapy and psychological counseling.
  5. Punitive damages: In some cases (not usually awarded in California and Nevada), the harasser may be ordered to pay punitive damages for their reckless behavior. 

How Can I Prove Workplace Harassment?

We understand that coming forward to report workplace harassment can be challenging. Our confidential consultations provide a safe, one-on-one opportunity to discuss any harassment you have faced at work.

While a single verbal comment may be difficult to prove as harassment, certain factors can help strengthen your case against your employer:

  • Repetitive Incidents: Demonstrating that the harassment was not an isolated incident but occurred repeatedly can substantiate your claim.
  • The Severity of the Harassment: If the harassment was extremely offensive and caused severe physical or emotional injury, it can serve as strong evidence.
  • Impact on Job Performance: Showing that the harassment significantly interfered with your ability to perform your job effectively can support your case.

Documenting each instance of harassment, including dates, times, locations, and any witnesses, can also be crucial in proving your claim.

How Can A Workplace Harassment Attorneys Help You?

  1. Provide legal advice: Our experienced attorneys will explain your legal rights and the different options you have. 
  2. Investigate the situation: We will conduct an investigation into the harassment and interview witnesses to build a strong case. 
  3. Negotiate: We will negotiate with your employer or the harasser to reach a settlement. 
  4. Ensure compliance: We also work with businesses to make sure that your business is complying with all relevant state and federal employment laws, including harassment, discrimination, and retaliation laws.

Workplace Harassment Laws in California

Under the California Fair Employment and Housing Act (FEHA), it is unlawful for an employer to harass an individual based on their race, religion, color, national origin, ancestry, physical or mental disability, medical condition, sex, age, or sexual orientation.

Filing a Claim

  • Right-to-Sue Notice: Employees must obtain a right-to-sue notice from the California Department of Fair Employment and Housing (DFEH) before filing a lawsuit against their employer. Without this notice, a lawsuit cannot proceed.

Statute of Limitations

  • Time Limit: Employees have one year from the date of the harassment incident to file a claim. It is crucial to contact an attorney immediately to ensure your claim is filed within this time frame.

Employer Liability

  • Strict Liability: Employers are held strictly liable for harassment, meaning they are responsible regardless of fault. If management was aware of the harassment and failed to take action, the management company can also be held liable for damages.

Protection Against Retaliation

  • Retaliation Prohibition: California law strictly prohibits any form of retaliation against employees who report workplace harassment. Retaliation can include actions such as termination, demotion, or any adverse changes to employment conditions.

Understanding your rights under California’s workplace harassment laws is essential. If you have experienced harassment at work, our experienced attorneys can help you navigate the legal process and protect your rights. Contact us today for a confidential consultation and to take the first step towards justice.

Sexual Harassment Lawsuits in Las Vegas

Because Las Vegas is one of the top cities in the entertainment and gaming industry, there have been several sexual harassment claims filed yearly. For example, several bartenders and cocktail waitresses report being sexually harassed by their employer, such as being told to wear a specific type of dress or lose weight. Sexual harassment involves offensive conduct, such as requesting sexual favors or unwelcome sexual advances.

What Can Be Considered Workplace Harassment?

Drawing on decades of experience representing clients in workplace harassment cases, we have compiled a list of the most common examples of harassment. These include:

  • Racial Slurs: Use of derogatory language based on race or ethnicity.
  • Inappropriate Jokes: Making jokes that are offensive or demeaning.
  • Age-related Comments: Disparaging remarks about an employee’s age.
  • Uncomfortable Physical Contact: Touching or physical interaction that makes someone uncomfortable.
  • Intimidation: Using threats or actions to intimidate an employee.
  • Physical Assault: Any form of physical violence or harm.
  • Insults and Name-Calling: Using offensive language to demean an employee.
  • Physical Gestures: Making inappropriate or threatening gestures.
  • Unwanted Touching: Physical contact that is unwanted or invasive.
  • Sexual Advances: Making unwelcome sexual propositions or comments.
  • Sabotage: Deliberately undermining an employee’s work.
  • Bullying: Repeated, aggressive behavior intended to harm or intimidate.
  • Threats: Verbal or physical threats aimed at an employee.
  • Mockery: Ridiculing or making fun of an employee.
  • Posting Offensive Images: Displaying images that are offensive or discriminatory.
  • Spreading Offensive Emails: Circulating emails that contain offensive or discriminatory content.
  • Degrading Comments: Making comments that demean or belittle an employee.
  • Religious Intolerance: Disrespecting or discriminating against an employee’s religious beliefs or practices.
  • Intolerance for Sexual Orientation or Gender Identity: Discriminating against someone based on their sexual orientation, gender, or gender presentation.
  • Exclusion from Decision-Making: Deliberately excluding an employee from important work decisions or meetings.

If you have experienced any of these forms of harassment, it is important to seek legal assistance from a workplace harassment employment law attorney.

What is Discriminatory Harassment?

Discriminatory harassment involves mistreatment or offensive behavior directed at an employee or group of employees based on a protected characteristic. These protected characteristics include race, color, national origin, sex, gender identity, religion, sexual orientation, or disability. Numerous laws and regulations are in place to prevent discriminatory harassment.

Forms of Discriminatory Harassment

Discriminatory harassment can manifest in various ways, including:

  • Sexual Harassment: One of the most common types of workplace harassment, involving unwanted sexual advances, comments, or behavior.
  • Sexual Orientation Harassment: Harassment based on an individual’s sexual orientation, including derogatory remarks or discriminatory treatment.
  • Racial Harassment: Discriminatory behavior or comments directed at someone because of their race or ethnicity.
  • National Origin Harassment: Mistreatment or offensive behavior targeting an individual’s country of origin or cultural background.
  • Religious Harassment: Discriminatory actions or comments aimed at an individual’s religious beliefs or practices.
  • Disability Harassment: Harassment based on an individual’s physical or mental disabilities, including mockery or exclusion.

If you are experiencing any form of discriminatory harassment, it is crucial to seek legal support to protect your rights.

What Are Examples of Workplace Harassment?

  • Sexual Harassment. Unwanted sexual conduct, advances, or behavior in the workplace. Examples of this form of harassment can include inappropriate touching or gestures, making sexual comments or jokes, sharing sexual photos, or invading someone’s personal space in a sexual way. Sexual harassment in the workplace is a prevalent issue in industries such as the restaurant or entertainment business. 
  • Psychological Harassment. Bullying of someone’s psychological well-being. Psychological harassment in the workplace is often verbal but can also involve belittling someone’s ideas, constantly challenging someone, isolating or denying someone’s presence, or spreading rumors about someone.
  • Physical Harassment. Also known as workplace violence, this type of harassment involves physical threats, physical attacks, or even assault. Some examples of physical harassment include threatening behavior, making direct threats of violence, destruction of property, or physical attacks. Workers in the healthcare, social services, education, and public transportation industries are at the most risk for this type of harassment.
  • RetaliationTaking actions to prevent or punish an employee’s involvement in a protected, whistleblower or anti-discrimination activity. This includes enforcing disciplinary actions such as demotion, termination, non-promotion, or non-selection on employees for their participation in protected activities.
  • Cyber Harassment. Also known as cyberbullying, online harassment in the workplace creates a hostile work environment for employees through digital harassment on social media platforms or online chat applications. This type of harassment comes in many forms, such as sharing humiliating secrets or pictures of someone through email or on a public chat forum, sending harassing messages to the individual, or spreading rumors or gossip about an individual on social media.

When Should I File My Workplace Harassment Lawsuit in California?

In California, you have two years from the date of the last harassment incident to file your lawsuit. It is important to act promptly, as California courts strictly enforce this deadline. However, there are some exceptions:

  • Minors: The time limit is extended for individuals under 18 years of age.

If you believe you have been a victim of workplace harassment, do not delay in seeking legal assistance.

Could My Employer Fire Me for Reporting Harassment?

If you have reported your employer for harassment, it is illegal for your employer to fire you, as this is considered to be wrongful termination. This is considered retaliation, and you may have a claim for workplace retaliation if you have been let go for reporting harassment or any other violation in the workplace.

Our compassionate employment law attorneys know just what it takes to file a successful workplace harassment lawsuit. Give us a call today to see how we can help you. We have offices located in every major city including Las Vegas, Los Angeles, Irvine, etc. Contact us today.