Workplace Harassment Information
Extensive Experience and Understanding
At Magnanimo Dean Law, APC, Ms. Dean has extensive experience in handling complex cases involving sexual harassment. We understand that these cases are highly personal and any legal action can affect your personal life, career and future opportunities. We will protect your rights and help you achieve the best possible outcome, while also treating your case with dignity and respect.
Moving Forward After Sexual Harassment
The most common type of harassment claims are for sex harassment, sexual harassment, and gender harassment. Many employees are afraid to bring sexual harassment claims for fear that they will suffer retaliatory treatment or that they will lose their job. Remember that you do not have to endure sexual harassment just to maintain an income or to pursue a career. You do have rights and the opportunity to protect them. Our attorneys will fairly evaluate your case to determine if you have a claim. We will also provide you with the information and counsel you need to move forward, either with the same employer or in a new position.
Unlawful harassment can be based on same gender or different gender, sexual orientation, gender identity, race, national origin, age, marital status, disability, and other bases protected by federal or state law, including Title VII of the Civil Rights Act and the California Fair Employment and Housing Act.
While unlawful employer harassment is often associated with abuse by a supervisor, illegal harassment may also occur between persons of the same status and between persons of the same sex.
“Sexual Harassment” includes the following types of comments and conduct: unwelcome sexual advances and propositions, requests for sexual favors, and other verbal, visual, or physical conduct of a sexual nature. Actions or comments based on racial bias that demean or offend someone of a particular race or ethnicity may also create a hostile work environment.
Examples of unlawful harassment include when:
- Submission to harassment is explicitly or implicitly made a term or a condition of an individual’s employment;
- Submission to, or rejection of, harassment is used as the basis for adverse employment decisions, such as demotion, suspension or discharge;
- The harassing conduct negatively impacts the individual’s work performance, or creates an intimidating, hostile, or offensive work environment.
Quid Pro Quo Harassment
“Quid Pro Quo” harassment occurs when submission to sexual activity or conduct is made either an explicit or implicit condition of employment benefits, and submission to or rejection of such conduct by the employee is used as the basis for employment decisions.
Hostile Environment Harassment
“Hostile Environment” sexual harassment exists when unwelcome sexual advances, requests for sexual favors, or other gender-related verbal or physical conduct occurs; where such conduct has the purpose or effect of interfering with work performance or creating an intimidating hostile or offensive working environment. An employee can show he or she is working in a hostile work environment when the unlawful conduct is severe or pervasive and interferes with the employee’s ability to do his or her job.
Types of Common Sexual Harassment Behavior
- Unwanted sexual advances or propositions.
- Offering employment, continued employment, promotion or benefits of employment in exchange for sexual favors.
- Threatening retaliation after a negative response to sexual advances.
- Intentional unwanted physical conduct: kissing, touching, groping, patting, hugging, or brushing against a person’s body, and impeding or blocking movement.
- Visual conduct: Leering, staring, making sexual gestures, and displaying sexually suggestive objects or pictures, magazines, cartoons or posters.
- Verbal conduct: Making or using derogatory comments, epithets, slurs, jokes, verbal abuse of a sexual nature, commentaries about an individual’s body or appearance, sexually degrading words used to describe an individual, suggestive or obscene letters, memos, notes or invitations, and sexually explicit statements, questions, or anecdotes.
