Long Beach Sexual Harassment Lawyer

Workers in Long Beach expect to come to their jobs without fear of harm or harassment. Unfortunately, sexual harassment is not uncommon in the area. If you are grappling with workplace sexual harassment, you are likely feeling alone and overwhelmed, unsure of what steps to take next. A Long Beach sexual harassment lawyer from Briana Kim, PC, is here to help you understand your rights and work through the legal process to bring your case to justice.

Briana Kim, PC, has years of experience helping survivors of workplace sexual harassment hold the responsible people and parties accountable for their wrongdoing or neglect. We can work to ensure your rights are protected, helping you implement an optimal legal strategy to efficiently navigate the processes required to pursue compensation and fight for a safer workplace for all.

An Overview of Workplace Sexual Harassment

Under the federal Title VII of the Civil Rights Act of 1964 and the California Fair Employment and Housing Act, sexual harassment is a form of discrimination that is strictly illegal. In the workplace, sexual harassment happens when a worker has to deal with unwanted or unwelcome sexual advances, jokes, comments, or other behavior that culminates in an overall hostile, offensive, or intimidating work environment.

In a legal context, sexual harassment is divided into two distinct categories:

1. Quid Pro Quo Workplace Harassment

Quid pro quo harassment happens when an individual in a position of power, such as a manager or boss, demands that an employee perform sexual acts in exchange for certain benefits, such as continued employment, a pay increase, or a better position at work. Quid pro quo harassment can also constitute threats of negative consequences if the employee refuses to carry out the sexual acts demanded.A common example of quid pro quo workplace harassment is if your boss requests you to engage in a certain sexual activity in order to connect you with esteemed individuals in your field. Quid pro quo harassment is also known as “something for something” harassment. If you believe that quid pro quo harassment is taking place in your work environment, an experienced Long Beach sexual harassment lawyer from Briana Kim, PC, can assist you with your case.

2. Hostile Work Environment

If unwanted sexual comments or behavior become so pervasive and frequent that it impedes an employee’s ability to effectively work, this is known as a hostile work environment. If you are experiencing the following, you could be a victim of a hostile work environment:

• Display of sexually illicit or pornographic material at work that other employees are required to look at.
• Inappropriate jokes or comments about a person’s sexual activities or general appearance.
• Unwanted sexual advances that continue to persist.
• Lewd comments about a person’s sexuality, gender, or appearance.
• Repeated requests for romantic relationships or dates, even after being told no.
• Unwelcome physical contact, such as brushing, groping, or touching.

Adequate evidence must be collected to demonstrate the conduct is frequent and severe enough to lead to a workplace environment that someone would reasonably deem to be abusive or intimidating. If you are dealing with a hostile work environment, an experienced Long Beach sexual harassment lawyer from our firm can help you collect adequate evidence to strengthen your case and hold perpetrators accountable.

Forms of Workplace Sexual Harassment in Long Beach, California,

Sexual harassment in the workplace can take on many forms. Being aware of the different kinds of sexual harassment that are common can help workers identify and actively address harassment in the workplace, keeping employees safe. Briana Kim, PC, has helped various clients in Long Beach pursue justice for their workplace harassment cases, with common forms of sexual harassment being:

• Unwanted physical touch. Any form of physical contact, such as hugging, touching, or groping, that is unwelcome and not required for work constitutes harassment. Physical contact can be particularly damaging to victims, contributing to feelings of fear and lack of safety in the workplace.
• Lewd jokes or comments. Comments or jokes of a sexual nature about an individual’s appearance or regarding their sexual experiences constitute verbal harassment. Even if the offenders claim that they are just “joking around,” these instances can quickly lead to a hostile work environment if they are severe enough or happen frequently enough to make the workplace unsafe.
• Unwelcome sexual advances. One of the more common instances of workplace harassment seen at our firm is unwelcome sexual advances, including repeatedly asking a person out on a date for a romantic relationship or asking for sexual favors. If these advances are nonconsensual and persist even after denial, this constitutes harassment.
• Sexual harassment from clients. While people commonly think that sexual harassment is only perpetuated by employers or other employees, it can also come from clients or customers. Under California law, employees are protected from workplace harassment by non-employees. If your employer has been made aware that a non-employee is harassing you and did not take adequate steps to address the situation, you can likely take legal action.
• Explicit displays or gestures. Another common form of harassment includes the display of lewd images, inappropriate gestures, or the showing of material of an explicit nature at work. Examples can include putting up explicit images in areas that are common, sharing lewd content via online work chats, or engaging in sexually suggestive movements or gestures to offend or intimidate another worker.

As sexual harassment can come in many different forms, it is important to trust your gut if recurring behavior of a lewd nature is happening in your workplace. Briana Kim, PC offers an initial consultation, where you can discuss your workplace situation in a confidential and pressure-free manner to understand whether what is happening at work constitutes illegal activity.

Dealing With Workplace Harassment? Know Your Rights

Workers have a right to come to work without the fear of being harassed under both federal and California laws. This legal framework offers robust protection for individuals dealing with sexual harassment in the workplace. If you suspect that sexual harassment is occurring in your workplace, or if you are personally dealing with harassment, it is crucial to understand these laws so that you can protect yourself and exercise your right to pursue justice.

Title VII of the Civil Rights Act of 1964

Title VII of the Civil Rights Act of 1964 is federal legislation that makes it illegal for employers to discriminate against employees on the basis of sex and includes instances of sexual harassment. Under these federal provisions, it is against the law for employers to retaliate against workers who report workplace harassment. This law, however, has scope (subject matter/time) limitations. For example, it applies to organizations that have more than 15 or more employees.

California Fair Employment and Housing Act

Under the California Fair Employment and Housing Act, otherwise known as FEHA, Californians are protected from discrimination in the workplace. This law states that sexual harassment is strictly illegal, despite the size of the company or employer. This means that even employers that only have one employee can be held responsible for instances of harassment.

FEHA also addresses harassment carried out by non-employees, including contractors, customers, or other clients, in cases in which the employer knew about or should have known about the occurrence of the harassment and did not take adequate action. FEHA is a more comprehensive piece that expands upon the federal rights issued under Title VII.

The Right to Be Free from Workplace Retaliation

Under both Title VII and FEHA, workers are protected from retaliation if they report instances of sexual harassment or participate in investigations into claims of harassment. Examples of retaliation include demoting, firing, reducing hours or pay, or excluding employees from opportunities at work due to complaints. If you are being retaliated against by your employer as a result of a sexual harassment claim, you likely have legal grounds for a case.

What To Do if You Believe Sexual Harassment Is Occurring in Your Workplace

If you or an employee is being subject to sexual harassment, it is critical to document any incidents of this harassment. Store all forms of communication relevant to the incidents, such as text messages and work chats, in a safe place. Keep a detailed log of all of the incidents occurring, including the place, people involved, and time of each incident.

Based on your company’s policy, report the harassment to HR or your supervisor. By reporting this incident, you can have a formal record of the workplace harassment issues and give your employer a chance to adequately respond. Unfortunately, however, employers may not always take the action needed to put a stop to the harassment.

It is highly recommended to consult with an experienced Long Beach sexual harassment lawyer to ensure your rights are protected and that you can successfully navigate the legal process for your sexual harassment case. They can help you file a complaint with a government agency, such as the Equal Employment Opportunity Commission, and help you follow through with a lawsuit if necessary.

Fight Back Against Workplace Harassment with a Long Beach Sexual Harassment Lawyer

If you are dealing with sexual harassment at work, such as unwanted sexual advances or comments of a sexual nature, you do not have to deal with these egregious patterns of behavior alone. An experienced Long Beach sexual harassment lawyer from Briana Kim, PC, is here to lend an empathetic ear, help you collect evidence that supports your case, and guide you through complex legal processes to bring your case to justice. Contact us today to get started.