Skilled Sexual Harassment Lawyers In Newport Beach
Unwanted sexual harassment in the workplace can affect the emotional wellbeing of the victim and the culture of the environment, leading to even more potential for others to be targeted. Fortunately, California has strict laws that protect these victims. Employers can be held responsible for the harassing actions of their managers and supervisors if action is not taken. Fortunately, now more than ever, sexual harassment is being legally addressed. While federal and state laws have been in existence for a long time, with the recent advent of the #MeToo movement, employers are finally being held accountable for the culture they allow. At Winer, Burritt & Scott, our team of Newport Beach sexual harassment attorneys take the accusations of sexual harassment victims seriously and work diligently to hold their abusers and employers accountable. If you have suffered sexual abuse in the workplace, at Winer, Burritt & Scott, you have a staunch legal advocate in your corner.
Sexual Harassment Is Against The Law
Simply put, sexual harassment is against the law in California, as in most states. Under the California Fair Employment and Housing Act, sexual harassment can take two forms.
Quid pro quo harassment is committed by a superior toward an employee. This involves the employee being threatened by the superior of adverse employment action if they refuse the superior’s sexual advances. Quid pro quo harassment always involves unequal power between the two parties, with the superior holding sway over the employee.
Hostile work environment harassment does not need to involve a threat to employment action. Here, a hostile work environment involves a harasser who engages in unwelcome sexual conduct, creating a hostile or offensive work environment. A hostile work environment harassment claim must:
- Involve actions based on sex
- Involve conduct that is unwelcome in nature
- Involve conduct that is offensive to a reasonable person
- Involve conduct that is so pervasive that it creates an abusive workplace environment.
While these may sound somewhat subjective, the Newport Beach sexual harassment attorneys at Winer, Burritt & Scott know what the courts consider in these cases and how to prove them. If you are the victim of workplace sexual harassment, our skilled attorneys will discuss your rights and options, helping you decide which remedies feel best for your situation.
While not all cases go to court, having an experienced Newport Beach sexual harassment attorney in your corner can direct you in other ways, from formal communication with your employer to settling a claim out of court. We never shy away from litigation, however, in order to hold harassers accountable, so they don’t go on to further harass the victim or others.
Do You Need To Have Been Sexually Assaulted To Bring A Claim?
The simple answer is: absolutely not! Harassment does not need to involve sexual assault for someone to take action. Legally, anything that takes the form of lewd gestures, comments, offers of preferential treatment for sexual favors, or other uncomfortable behaviors can be considered sexual harassment.
I’m Afraid Of Being Demoted Or Losing My Job
Unfortunately, this is one of the most common reasons individuals fail to file a sexual harassment claim against their harasser. California law prohibits employer retaliation against someone who reports sexual harassment or any other workplace violation. At Winer, Burritt & Scott, our team of experienced Newport Beach sexual harassment attorneys ensures that you are protected from any adverse action after a sexual harassment claim.
If you believe that you are the subject of retaliation at your workplace after reporting sexual harassment, speak with our sexual harassment team so we can understand your case and help you move forward.
Are Only Women Sexually Harassed?
One common misconception is that women are the only ones sexually harassed in the workplace. While the great majority of victims are women, sexual harassment is not a gender-specific offense. Men, women, or those who otherwise identify as neither or both genders can be both victims or harassers.
Getting Help When You Have Been Harassed
Sexual harassment is pervasive and toxic. If you have been a victim of sexual harassment in the workplace, understanding your legal right and options is not only important but freeing.
At Winer, Burritt & Scott, our talented team of Newport Beach sexual harassment attorneys can free you from the chains of harassment and hold your harassers accountable. You don’t have to do this alone. Call us or contact us through our website for a free, confidential consultation.