W
S
Western states employment law, PC
916-839-4404
Harassment & Sexual Harassment
Employees typically think of workplace harassment as strictly sexual harassment, but the law protects employees from harassment based on any of the specific protected classifications, not just sex and gender. For example, consistent conduct and/or comments targeting an employee’s religion or race can constitute a hostile work environment.
A hostile work environment occurs when uninvited conduct and/or comments directed at the employee’s protected classification are so severe or pervasive that the conditions of the workplace are altered, and it becomes a hostile workplace. When this occurs, an employee may have a harassment claim against their employer.
Sexual harassment comes in two varieties. First, a hostile work environment. Second, “quid pro quo.”
Sexual harassment leading to a hostile work environment encompasses a wide variety of inappropriate behavior. The following are just some examples:
- Unwanted sexual advances
- Leering/staring
- Displaying sexually suggestive materials
- Comments, jokes, or teasing about sex or suggestive content
- Physical contact, touching, or blocking an employee from leaving an area
As with other harassment claims, when this type of conduct is so severe or pervasive that the conditions of the workplace are altered, and it becomes a hostile workplace, an employee may have legal remedies available to them.
The second type of harassment, “quid pro quo” occurs when a supervisor or manager offers something (a promotion, raise, or other job benefit) in exchange for the employee submitting to the supervisor’s request for sexual favors. The sexual favors the supervisor requests do not need to be explicit or direct. Requests that are hinted at or couched in veiled language may qualify.
There are extensive laws ensuring employees have a harassment free workplace. Despite this, employees still experience workplace harassment and may not know how to proceed. We can help. We can listen to your story, answer your questions, and explain your options so you can choose the path forward that is best for you.
get in touch
California Employment Law
Wrongful Termination
Although California is an at-will employment state, an employer cannot terminate an employee for an unlawful reason. Unlawful reasons may include retaliation, discrimination, or breach of an agreement.
Discrimination
The law protects employees from discrimination based on specific characteristics, including disability or medical condition, race, gender, age, and religion. Employees who face discrimination may have a claim against their employer.
Harassment &
Sexual Harassment
The law protects employees from workplace harassment based on protected characteristics, including sex and gender. If conduct creates a hostile workplace or an employer requests sexual favors in exchange for job benefits, employees may have a claim against their employer.
Retaliation &
Whistleblowing
The law provides numerous prohibitions against retaliation. When an employer takes a negative employment action because an employee participated in protected activity, an employee may have a claim for retaliation.
Disability Accommodation
Employees who are disabled are entitled to accommodations to enable them to perform the essential functions of their job. Employers cannot discriminate against a disabled employee or retaliate against them for requesting an accommodation.
FMLA/CFRA Leave
Employees may be entitled to unpaid protected leave for personal or family medical issues. If an employer denies the leave or takes action against an employee for taking leave, an employee may have a claim against their employer.
Unpaid Wages, Overtime, Meal & Rest
The law ensures employees are compensated for their work. California has additional protections including meal and rest periods, accurate wage statements, and reimbursement for expenses. Employees have remedies when they are not properly compensated.
Public Sector Employment
Public employees may need to complete some important procedural steps to protect and enforce their workplace rights, including filing timely administrative claims or participating in pre-termination hearings.
Employment Agreements
Most California employees are at-will employees. Sometimes, employees have contracts that set the terms, compensation, and benefits of their employment. Employees should have a clear understanding of these agreements and the steps they can take if the employer breaches the agreement.
How We Can Help
Our work for you as one of our clients involves several activities, including:
- Collecting information and conducting research
- Conducting witness interviews and obtaining witness declarations
- Taking and defending depositions
- Providing guidance about how to proceed with your case
- Seeking to resolve your dispute through negotiations or mediation
- Litigating your case through trial, if necessary
Contact Us
500 Capitol Mall
Suite 2350
Sacramento, CA 95814
By Appointment Only
916-839-4404
Office Hours
Monday to Friday
9:00 am to 6:00 pm
W
S
Western states
employment law, PC
Shane Larsen
attorney bio
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation.
This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
© 2024 All Rights Reserved.