Majority of employees and employers view sexual harassment from the perspective that it only entails a worker asking for sex from another worker. This is not the case. Sexual harassment in the workplace is a form of sexual discrimination based on both verbal and non-verbal behavior such as uncalled for sexual gestures and indecent sexual comments. This leads to extreme obstruction of an employee’s productivity and breeds an uncomfortable workplace setting. It is a violation of the Title VII Civil Rights Act of 1964 that seeks to curb sexual harassment. This article focuses on types of sexual harassment in the workplace.

Majority of employees and employers view sexual harassment from the perspective that it only entails a worker asking for sex from another worker. This is not the case. Sexual harassment in the workplace is a form of sexual discrimination based on both verbal and non-verbal behavior such as uncalled for sexual gestures and indecent sexual comments. This leads to extreme obstruction of an employee’s productivity and breeds an uncomfortable workplace setting. It is a violation of the Title VII Civil Rights Act of 1964 that seeks to curb sexual harassment. This article focuses on types of sexual harassment in the workplace.

There are two categories of sexual harassment that are acknowledged by the law.

1. Quid pro quo: In this case, recruitment, promotion and remuneration of employees is solely based on their willingness to offer sexual favors to the persons mandated to perform these processes. For instance, a department manager can threaten an employee of denying him/her a promotion unless sexual favors are extended. A male supervisor can also suggest to a female worker to dress in a suggestive manner to get the attention of the boss. All these acts amount to this kind of sexual harassment.

1. Hostile work environment: This arises when the work context is dictated by antagonism and coercion as a result of irrational sexual behavior by colleagues, greatly curtailing an employee’s productivity. This is manifested in the form of explicit sexual discussions, uncalled for sexual advances by a colleague, disrespectful sexual remarks and jokes as well as displaying materials that advance immoral sexual behavior. Further, if a colleague makes romantic gestures to a fellow colleague and they are turned and the person persists doing it regardless of knowing the truth, this is tantamount to sexual harassment. The offended employee has the obligation to file a complaint through the help of an employment attorney.

While these are the most prevalent forms of sexual harassment, there are other behaviors that can cause the workplace to become uncomfortable. 

Indirect sexual harassment can be diffucult to identify. In some situations, a non-partisan in sexual harassment may indirectly bear the consequences of sexual harassment. This results in a case where an employee agrees to a sexual favor requested by a supervisor in order to be hired or get undeserved promotion denying the chance to a person who deserves it through meritocracy. In such a scenario, the plaintiff has the right to file a complaint against the offender.

As a final point, it is the mandate of employees to ensure sexual harassment in the workplace is addressed by having relevant and sound polices that ensure the perpetrators face the consequences of their actions. Employees should also report such cases when they happen in order to get justice. Do you recognize the behaviors described above in your workplace? Contact us today to see if you may have a case. 

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In order to encourage a safe and friendly working environment, the CA state legislature has passed several bills which are meant to curb sexual harassment in the workplace. The bills were signed on September 30th, 2018 by the California Governor Edmund G. Brown Jr.

The act mainly intends to protect women and children who are at risk of sexual harassment and any kind of discrimination at their workplaces. Apart from the harassment, the bills also address a number of issues at workplaces including:

• Sexual harassment training
• Professional liability
• Encourages whistleblower protections

Discrimination and Sexual Harassment

According to the new bills, it is unlawful for an employer or any other employment agency to discriminate and harass employees. The act, which is enshrined in the Fair Employment and Housing Act (FEHA), requires employers to take drastic actions that will prevent harassment and discrimination from occurring at their workplaces.

Some forms of prohibitive harassment that have been outlined by the law include gender-based harassment, sexually-motivated harassment, and pregnancy-based harassment.

Whistleblower Protection

The new bill is also designed to protect the interest of the employees who report any form of sexual harassment or discrimination. The bill protects the whistleblowers from being intimidated, dismissed from the job, or undergoing any form of punishment because of reporting a harassment case at the workplace.

Bystander Intervention Training

The act also requires employers who have more than 50 employees to train their supervisors on the issues of sexual harassment and other forms of discrimination. The training should be done within six months after one has assumed the supervisory role in the organization. This act also requires employers to train their employees on appropriate intervention moves that can prevent further harassment. The skills may cover both physical and mental intervention moves.

The Issue of Minors

FEHA also intend to protect minors who are already working in the entertainment industry. The act requires all the talent agencies to train minors on the issues of sexual harassment and discrimination. The agencies should provide adequate materials that contain these training. The content of the training should be provided in a language that can be understood by minors. They must also be trained on how to respond to incidents of harassment.

Enforcement

The Department of Fair Employment and Housing had been mandated with the responsibility of enforcing the FEHA act. It will receive, investigate and prosecute complaints regarding harassment.

How UELG Can Help You!

United Employees Law Group (UELG) is a law firm that is dedicated to helping employees who are facing all forms of harassment and discrimination at their workplaces. You only need to consult us and we will embark on a process that will ensure you get justice. Give us a call today!

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The issue of workplace harassment always was and still is a delicate subject. In California, the debate on the laws and regulations that enforce protection against harassment is continuing, but with the start of 2018, this US state also saw some practical changes related to this issue.

These come in the form of new laws signed by Gov. Jerry Brown during 2017. On January 1, 2018, these became effective laws that the employers need to adhere to. The changes include, apart from the leaves and benefits, health and safety, wages and hours, two new laws that regulate any issue of workplace harassment. Here is an overview of the same changes that all employers in California need to be aware of.

SB 396 – Training for the Issue of Gender-Based Harassment

The current law in California mandates that any employer who employs 50 employees or more has to provide at least 2 hours of training that is related to sexual harassment to any employee working as a supervisor. This has to happen every two years at least and it has to happen in the space of six months after a particular employee attains the supervisory role.

The newly signed SB 396 stipulates that employers with this number of employees must include in the same training process the elements of harassment which is based on gender expression, gender identity, and the employees’ sexual orientation.

Also, the employers have to place specialized posters made by DFEH (Department of Fair Employment and Housing) which covers the rights of transgender persons in the same workplace. Lastly, the law also expands on the definition of persons with employment barriers which now include gender nonconforming individuals and transgender individuals.

SB 295 – Training related to Sexual Harassment for Labor Contractors on Farms

The current law stipulates that labor contractor on farms must attest that their employees gain the proper training for sexual harassment prevention and follow up this with proper reporting. SB 295 expands on that, adding a mandate for the training of farm employees using a language they understand.

The same contractors also have to provide for their license renewal a list of resources and materialize used for this training and the number of employees that underwent it. This has to be submitted at least a month before their application to the Labor Commissioner. The SB 925 also provides the Labor Commissioner with the power to issue direct citations and civil penalties worth $100 for every single violation.

In short, the SB 396 and the SB 295 are the biggest changes in the batch of new laws related to labor and Employment in California in 2018.

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Before discussing the laws for sexual harassment in California we should go through some frequently asked questions in this regard.

What is sexual harassment?

Sex-related unwanted moves whether they are verbal, physical or visual are termed as per state regulations as the acts of Sexual Harassment. In this definition, many forms of harassments can be included whether they are gender-based, from the harasser of same-sex or based on offensive behaviors. Some of the behaviors that are prohibited under sexual harassment laws in California may include:

• Verbal behavior including using or making nicknames, insulting comments, jokes and disgraceful behaviors. Verbal graphic commentaries, verbal sexual ill-treatment, degrading someone with sexual words are some of the behavioral offenses that come in this category of sexual harassment.
• Visual behavior includes grinning at someone with sexual signals as well as a display of pictures, objects, posters or cartoons suggesting sexual activities.
• Physical behavior can include attacking, touching, blocking or obstructing access etc. Expecting sexual favor against employment benefits and threatening the individual for her negative reaction for sexual proceedings also come under sexual harassment due to physical behavior.

Shall employers provide some harassment training to their staff?

Yes, employers having minimum 50 employees including full time, part time, independent contractors and temporary employees should provide training at least for two hours once in a year or two the prevent sexual harassment at workplace. This harassment training should be provided within 6 months of the joining of the new employees. They should provide this training either through a live webinar or an interactive e-learning portal in a classroom setting.

What should be included in sexual harassment training?

Harassment training should include:

• The description of sexual harassment under the Title VII of the Federal Civil Rights Act of 1964 and the Fair Employment and Housing Act
• The laws and cases regarding prevention and prohibition of sexual harassment
• The types of behaviors to be considered as sexual harassment
• The remedial measures for the sufferers of sexual harassment;
• Schemes to stop sexual harassment;
• Responsibilities of the supervisors against the report of harassment;
• Discussion on realistic cases of harassment;
• The extent of privacy for the process of a harassment complaint
• Correction of harassing behavior by the employers
• What if sexual harassment is done by a supervisor?
• Planning an effective policy to curb harassment and implementing it

In fact, such training should include a system to assess what the employees have learned and how much they have understood about skill-building activities and their applications. They should also discuss imaginary scenes of sexual harassment.

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At the end of 2017, Gov. Jerry Brown assented several labor and employment bills into law. These laws are meant to safeguard and protect California’s employees’ interests. As such, it is vital for both employees and employers to familiarize themselves with the new laws that took effect from the beginning of the year (2018). Legal knowledge is everyone’s rights. For one to be on the safe side, total compliance with the new laws is expected. The last thing you want is to rub shoulders with law enforcement officers due to disregard of the new laws.

Senate Bill 396

Senate Bill 396 is clear on harassment related issues and prevention at workplaces. It requires employers that have a workforce of 50 or more individuals to provide a sexual harassment training program to their supervisors or employees in supervisory positions. The training program should last for at least two hours and must be conducted once in every 24 months (2 years). The law also requires that whenever a new employee holding a supervisory position is employed, he or she should be trained about gender-based harassment within six months.

Other than gender identity harassment, supervisors are expected to be familiarized or educated on sexual orientation and gender expression. In addition to that, employers are supposed to be the leaders in championing transgender rights at workplaces. They are supposed to do this by placing a poster from the Fair Employment and Housing department which is clear about transgender rights. Senate Bill 396 further emphasizes about people affected by employment barriers and who they are. It makes it clear that such people include gender nonconforming and transgender individuals.

Senate Bill 295

On its part, Senate Bill 295 sets out the ground rules for farm labor contractors. It stipulates that they should have clear evidence about their employees receiving reporting and sexual harassment prevention training. Individuals or employees that work for such employers should receive or be trained in the above programs in the language they best understand.
When farm labor contractors are renewing their license, they are expected to provide the following documents to the Labor Commissioner:

a) A list of resources and materials used to provide the training to their employees.
b) A list of all agricultural employees that went through the training program.

The above lists should be presented to the Labor Commissioner one month before employers submit for renewal of their licenses. Senate Bill 295 gives the commissioner the power to impose a $100 penalty for every violation and issue citations when necessary.

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In California, anti-bullying legislation was introduced in 2003. In the nation, California is the state that was first to introduce legislation regarding workplace bullying. Workplace bullying is defined as recurring, unhealthy mistreatment of one or more target(s) by one or more perpetrators that take any of the forms such as verbal abuse, offensive behaviors that are threatening, inhuman, or intimidating. Workplace bullies are the most common forms of illegal harassment. Workplace bullying can be based on one’s gender, age, race, national origin, physical disability, religion, and number of other factors. Bullying due to those factors is illegal and every employee has rights stipulated in the California labor law concerning workplace bullying.

Workplace bullying Signs can go unnoticed because the bullying behaviors begin from little and then grow to big problem for the employees who experience bullying. The signs that one can notice bullying at work include:

• The employer punishes you physically, psychologically, or emotionally while one does not deserve that treatment;
• The employer or coworker mocks you due to your ideas, personal circumstances, work or opinions;
• The employer or coworker publicly embarrasses and humiliates you ;
• The employer or coworker actions towards you are resentful or holds a grudge seeking revenge
• The employer or coworker dismantle one’s personal belongings;
• The employer uses bias tactics to prevent your progression, or advancement in the organization;
• The employer or coworker spies you, stalks on or bothers you;
• The employer or coworker aggressively makes you to do or say things unwillingly;
• The employer or coworker alter threats to you with unjustified termination, punishment, emotional, physical, or psychological abuse;
• The employer or coworker offensively communicates with you using jokes, rumors, gossip, harassment, or profanity without dignity.

Once an employee has noticed sings of bullying, they have to report to ensure that appropriate measure is taken. The united state supreme court says that, where an employee has published sexual harassment /discriminatory harassment policy, the employer must report it under that policy and give the employer the opportunity to fix the situation. In writing the report, one should ensure that the complaints are on a right protected, set forth the harassment as a violation of protected status. Understand the rights and responsibilities if one is harassed in a hostile work environment. The report should be given to the employer and if they allow the harassment to continue or if they retaliate contact an employment attorney.

The employers’ duty in workplace bullying law is to maintain a safe workplace. Appropriate remedies that an employer can take for bullying may be to discipline or warn the harasser, to move the harasser, under some circumstances to move the victim, to do training, or in an extreme situation, to terminate the harasser.

An employer can protect employees from workplace bullying by discouraging and eliminating bullying. The most effective way to do this is by treating bullying illegal even though it is already illegal. Create a culture in the workplace where in bullying is not tolerated. The employer can take actions in an effort to create a harmonious work environment. Action such as; including bullying in anti-harassment policies, giving instructions on what to do if a bullying incident occurs, investigate and implement discipline commensurate when complaints are brought up.

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Unfortunately, sexual harassment is common in many workplaces. If you are a victim of sexual harassment in the workplace, then you should immediately seek legal help. United Employees Law Group will be happy to help you out.
What does the term ” Sexual Harassment” exactly mean?
Sexual Harassment happens when your boss or any colleague in your office offers you sexual favors and advances against your wish. In order for an act to qualify as ” sexual harassment”, it should meet at least any one of the following three criteria:
1. has an effect on your employment in the office,
2. interferes unnecessarily with your work performance,
3. results in the creation of a very threatening and hostile environment.

Kinds of Sexual Harassment:
Cases can be classified into two categories:
1. Quid Pro quo- This is the most common form of sexual harassment found in offices. This happens when your boss asks you for sexual favors in return of some benefits. For example, if your boss informs you that your salary will increase only if you indulge in a sexual act with him or her. Even if you accept the offers at that time, you can still later on sue for sexual harassment.
2. Hostile Work Environment: This happens when the work environment gets very threatening and you are a regular victim of sexual abuses and comments from your colleagues or even the customers.

How to escape from sexual harassment?
You can take the following steps:
1. Inform the offender through writing or email, that you find their behavior very offensive and ask them to stop it immediately.
2. Jot down every minute details about the incident that happened to keep a record.
3. If other employees are also going through the same situation, then you can take their help.
4. Inform any offensive act directly to your supervisor. And if your supervisor is the culprit, then write to his or her boss.
5. You can file an official complaint with the HR department.
6. Record all your conversations regarding the sexual harassment incident. This can act as an important evidence in the future.

Can I sue the offender?
If you are suffering from sexual harassment, then you are eligible to go the EEOC and file a charge of discrimination against your employer. Your company can also file the suit on your behalf. United Employees Law Group can also file the case on your behalf.

Where to get additional support?
You can call the EEOC office to get their help. You can also visit the Human Rights Office in your state.

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Despite the fact that all states have laws prohibiting harassment behavior at work, California, Connecticut, and Maine make the stride from receptive to proactive by mandating inappropriate behavior training for administrators to avoid inappropriate behavior before it begins.

California’s compulsory lewd behavior law (AB 1825) gives itemized necessities to harassment training. “AB 1825 calls us to a new level of responsibility that will without a doubt influence inappropriate behavior laws the country over,” said Stephen Paskoff, leader of Employment Learning Innovations, Inc., a working environment training firm situated in Atlanta. “It puts instruction on the front burner and recognizes it as an organization’s best safeguard against lewd behavior claims.”

In California organizations employing at least, 50 workers get to lead the training. Be that as it may, California Law includes stringent elements describing trainer capabilities.

Qualified staff includes the following as it were: 

* Attorney

* Human Resources proficient

* Harassment prevention specialist

* Law school or a school teacher with learning and involvement in the prevention and additionally handling of harassment, discrimination, and striking back cases

A passage in a representative handbook, a reminder in a newsletter, a compulsory address at an office meeting – none of these constitute inappropriate behavior training. Instead, bosses must invest their assets in professionally trained experts with both the information and aptitudes to adequately train and survey members.

California holds its bosses and administrators to a new level of responsibility. AB 1825 requires a business to give every manager a duplicate of its hostile to harassment approach and to obtain documentation from every boss acknowledging receipt of the arrangement. The organization then holds the documentation on file.

One different component of the three states’ harassment training laws is California’s necessities regarding teaching procedures. These necessities set an extraordinarily particular requirement.

The philosophy must include the following components: 

* Questions that survey learning

* Skill-building

* Discussion addresses that effectively connect with members in the learning procedure

* Questions that survey learning achievement

* Hypothetical circumstances and situations that are consistent with life

* Memorable techniques for reporting and preventing lewd behavior

* Opportunities for members to make inquiries and get immediate answers

California’s training law puts everything on the line to portray precisely what constitutes an interactive approach. AB 1825 powers bosses to accomplish something beyond pass on information to workers and expectation they recall it. Instead, California’s training members have each chance to comprehend the ideas and ingest them into their own proficient esteems. Furthermore, organizations bear the obligation of choosing materials that satisfy the approach criteria and using trainers who can adequately administer it.

Concerning course content, the three laws have the following substance in like manner: 

* Definition of lewd behavior

* State and government statutory arrangements concerning lewd behavior

* Types of direct which constitute inappropriate behavior

* Employer’s commitment to investigate

* Remedies accessible to casualties

AB 1825, be that as it may, likewise commands the following course content: 

* Limited classification of the complaint procedure

* What to do if a director is by and by blamed for harassment

* How to utilize the fundamentals of an against harassment approach if a complaint is documented

* Supervisors’ affirmation of receipt of the approach

The extra necessities in the California law center specifically around directors. When chiefs finish the training and recognize receipt of a hostile to harassment strategy, they are completely responsible for knowing and applying the strategies effectively. On the off chance that a lewd behavior complaint emerges, they can neither argue obliviousness of the law nor blame the business for inability to give approach. These measures enable workers who document inappropriate behavior lawsuits, in this way laying the basis for the fruitful indictment of wrongdoers.

The inappropriate behavior training measures are sure apparatuses, yet their genuine viability lies in their reinforcement endeavors. Paskoff stated, “Though Connecticut and Maine just expect managers to experience lewd behavior training once, California’s AB 1825 perceives that the best learning originates from instruction that is continuously rehashed and authorized until the point when it is completely integrated into the everyday work life.” To that end, California’s inappropriate behavior training expects chiefs to repeat the training at regular intervals.

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There is a very important question that people do not think to ask but they should: what constitutes harassment? Harassment can be anything that has to do with making an individual feel uncomfortable. Once the individual has expressed their discomfort and request a change, if that request is ignored or causes the situation to get worse that is harassment. There are several different types that you have to be aware of. However we will majorly look at sexual harassment in California.

California state laws and Federal offer powerful protections against workplace sexual harassment and what would appear to be perfectly legal, when co-workers date, can give rise to liability under certain circumstances – and a situation where a sexual harassment lawyer may become necessary:

1. When that relationship is based on anything other than mutual consent.

2. Where the relationship spills over into the workplace creates a hostile work environment with inappropriate touching, sexual banter and sexually charged verbal comments.

3. When the relationship sours and there is retaliation. When a subordinate, for example, decides to end a relationship with his or her superior, a hostile environment may result from the disappointed individual. It becomes sexual harassment when retaliation occurs and the employer ratifies the retaliation by firing or harassing the victim.

4. When the relationship is a quid pro quo. This is a Latin term (translation: “this for that”) that can mean getting hired, or receiving a raise, a promotion or preferred assignments that are contingent on sexual favors or maintaining a relationship.

5. When a romantic advance is refused. If someone has refused the advances of a superior, then observes a co-worker who accepted similar advances from the same person who then receives a promotion or other benefits, it may be the basis of a sexual harassment claim. The law requires the employee to show substantial evidence of retaliatory intent following a termination.

In all instances where the services of a sexual harassment attorney may be warranted, it is beneficial to keep a diary of events and to report complaints with human resources departments when something occurs which feels wrong and appears to constitute inappropriate sexual conduct in the workplace.

Hire an experienced sexual harassment attorney

Your wages may be lost and your career damaged if you are subject to a hostile work environment relating to inter-company romantic relationships. With skilled and experienced http://www.california-labor-law-attorney.com/. legal counsel, those damages can be mitigated with recovery of lost wages and damages due to emotional distress.

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If you feel that you have been discriminated against by your employer, then you should immediately file a complaint with Equal Employment Opportunity Commission ( EEOC). If you don’t want to reveal your identity, then another company can also file the complaint in your behalf.

Time: As per law, the complaint should be filed within 180 days from the date of the incident. However, you shouldn’t wait for that long. Gather all the evidence as quickly as possible. If you file the complaint early, then chances of success are also pretty high.

How to File: For filing the complaint, you have to get in touch with EEOC. The best option will be to directly visit their office and file the complaint in person. If that is not possible, you can mail them. You can also call their helpline numbers.

Information: While filing the complaint, you will be asked about your basic details like name and phone number. You may also be asked about the name of your employer and their address. You have to describe in details the complete incident and also the exact date of the incident.

After the complaint: After you have launched the complaint, the EEOC will look into the matter. If your case is serious, then they will try to resolve it immediately. During the investigation, they may visit your workplace and conduct several interviews. If they find out that you have been indeed discriminated against, then you can expect to be compensated. Compensation can be of various kinds. You may be promoted or you may get paid. However, if EEOC fails to solve your case, then you are eligible to sue your employer within the next 90 days. In that case, it will be better, if you hire an experienced lawyer who deals in such kinds of cases.

You should also keep the following things in mind:

1. Before filing the complaint, once go through the anti-discrimination policy of your organization. If your organization has an internal committee to deal with such kinds of cases, then file a complaint with them as well.

2. Throughout the investigation, cooperate with them as much as possible. Give them all the details which you have. It will improve your chances of winning the case.

3. Do not be scared to file the complaint. As per law, your employer can’t retaliate against you or create a negative work environment after the complaint has been filed.

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