Irvine Sexual Harassment Attorneys
Irvine Sexual Harassment Attorneys is a professional attorney team in Tustin Serving Irvine and all Orange County area, Call or Request a Consultation Online Today with your #1 Employment Lawyers in California Stevens & McMillan! We are open Monday through Friday 9 am to 5 pm!
In the situation of harassment on the job, you ought to know that the law is on the side, and it’s in your best interests to get hold of Irvin Sexual Harassment Attorneys. What this implies is if anyone harasses you physically and verbally then you could have the legal right to sue everywhere of employment. This is where we, the local Irvine Sexual Harassment Attorneys can help.
When and also if discrimination occurs within in the workplace and it will be against age or any other protected class, Irvine Sexual Harassment Attorneys are the ones that have to handle the matter if it is not handled properly via the employer. Initially, if a worker feels that he or she is being singled out or discriminated against for being included in some class, they should impose a complaint in writing and provides a copy as well as the hr department in addition to upper management and then to Irvine Sexual Harassment Attorneys. Acts of discrimination can be prohibited only if they are based upon one of the protected classes.
Our sexual harassment attorney team stands by our results and is confident enough to take on all costs for you. Call now for a free, no-obligation cost consultation, if you want to take action against sexual harassment, you must choose the top employment attorney and When it comes to choosing the best employment lawyer, you must contact and evaluate several firms.
The law enforcement officer of Stevens and McMillan is a top Employment Law Firm situated in Orange County, CA.
We have been serving the county and surrounding areas since 2001. In that time we’ve earned numerous clients large payout settlements in the legal system. We now offer our Irvine Sexual Harassment Attorneys services without charge for your requirements upfront. This means you do not have to pay out us anything until we earn you a settlement or perhaps a court-ordered payment. We also offer free consultations on cases to get you started. Call today.
8 Ways an Employee Can be Sexually Harassed Remotely
The word “remote” has become increasingly prevalent in our vocabulary these days but it isn’t occurring during a diving expedition between sofa cushions and shouting at a family member in hopes of finding the dang thing. Today, in a technology-driven society, amplified by the pandemic, so much of our everyday life activities now take place remotely such as remote cocktail hours with friends, virtual online dating, doctor’s appointments, exercise classes, school, and most importantly work.
So sexually harassed remotely you say? How exactly is that even possible? These are fair questions to ask regarding such an odd and unfathomable concept but it is also important to ask if employees working remotely can be sexually harassed and if so, have they protected the same way as if it took place on-site?
Problems arise when working from home creates an unconventional workplace and lines are blurred as to what is appropriate behavior. Employees and employers can be prone to behaving more relaxed and unfiltered from the comfort of their own space, causing the perfect breeding ground for personal boundaries to be crossed.
Scenarios such as these raise the issue as to what is considered sexual harassment in a remote work situation and deciphering whether the employer is liable.
The team of sexual harassment attorneys in the office of Stevens & McMillan appreciates times are changing and that sexual harassment can be conveyed in these futuristic settings. Our firm is compassionate to your unique situation and will listen to your story.
What should employees do if they feel that they have been sexually harassed?
If an employee feels they are being sexually harassed, it is important to first understand the basics of sexual harassment and then make a formal complaint. Some individuals may feel more comfortable contacting an employment lawyer first before making a formal complaint.
Our Irvine sexual harassment attorney firm specializes in detecting the main circumstances in which sexual harassment may take place in a remote work environment and possible ways to identify the characteristics of sexual harassment, particularly in a remote setting.
Sex harassment can come in the form of visuals, written/typed words, verbal comments, or even through body language such as leering. The degree, pattern, intensity, and or frequency of the harassment will be taken into account, however, depending on the severity of the harassment, a single occurrence may suffice as unlawful behavior.
It is a common misconception that sexual harassment is limited to the harasser having a sensual desire toward the victim. Sexual harassment does not always need to be motivated by romantic interest and can take place in a platonic interaction. This particular type of harassment can be considered sexual harassment if one person is subjecting another to visuals or verbal demonstrations that are sexual.
If an employee finds themselves in this type of situation, they should make a formal complaint regarding the matter. This could be to a supervisor, manager, or the company’s human resources department.
In this article, it will be explained that employees can experience these forms of sexual harassment even if they are not actually at work but rather are working from home. Each situation is decided on a case-by-case basis which is why it is essential to discuss your matter with an experienced employment lawyer.
What do I do if my boss is sexually harassing me?
What if the harasser is the employee’s boss? This can be a tricky situation for many reasons such as who would the employee make the complaint? In some situations the employee may be concerned they may lose their job if they make a complaint against their boss.
As mentioned above, it may be better to reach out to an employment lawyer first before making a formal complaint. The employee could also go to their company’s human resources department or another supervisor.
If you are fired after making the complaint against your boss, you may have a retaliation claim against your boss and in which case you may need legal advice from an Irvine sexual harassment attorney.
- Emails
Due to the nature of remote working, the simplest interactions that would normally be handled by popping your head into a colleague or boss’ office are now commonly carried out through email. One could argue that since working from home, staff and employers are now communicating more than ever and through email to compensate for not physically being in the office.
Increasing the number of exchanges plus working from the comfort of one’s own home can expose a work environment to risks of sexual harassment. Moreover, without actually being in an office in uniform or professional attire which gives the mind a better sense of stepping into “work mode”, employees and employers remain in a casual state of mind while on the clock.
Taking all of these factors into account, it is likely sexual harassment has the potential to take place via email. For instance, depending on the context, a wink-face emoji could constitute unwanted attention. Below is an example:
Lisa has been working for a printing company for two years. Since the pandemic, she as well as the other administrative team has been working from home. Tim, Lisa’s supervisor often has to give Lisa clearance before she can send out an order to the print shop. Over the last month, when Lisa has sent Tim an email for order approval, Tim has asked Lisa personal questions: who does she live with, is she dating anyone, what is she doing over the weekend, and occasionally mentioned he and Lisa should have drinks over FaceTime on the weekend.
At first, Lisa tried to give Tim the benefit of the doubt and thought he was just being friendly, after all, things can often get lost in translation over email.
However, Lisa began to feel uncomfortable as his emails began ending with wink-face emojis. This made Lisa uncomfortable as she was not romantically interested in Tim.
The above example demonstrates a work scenario in which one employee, Lisa, may have a case against her employer for Tim’s behavior. Tim’s questions in the emails along with the wink-face emojis could make a case for sexual harassment as they are sexually suggestive as well as unwelcome by the receiver, Lisa.
- Text Messages
Whether on a work phone or a personal phone, like emails, text messages can be a tool used to sexually harass employees. It may be the case that an employee is being sexually harassed by another employee, manager, supervisor, or even their boss via text messaging and it can take place during or outside of work hours.
Like emails, text messages can contain suggestive emojis and inappropriate messages that may make an employee feel unsafe and or disrespected, hindering their ability to do their job. This is unfair to an employee and he or she may have a claim for sexual harassment against their employer even if they are working from home.
It is important to note that even receiving memes that are sexual may be considered sexual harassment regardless of whether it was meant as a joke rather than a vehicle for flirtation. In other words, a romantic interest by one party is not a requirement for the receiver to be sexually harassed.
- Phone calls
Just like text messages, calls made during work hours or outside of work hours can be used as a means of sexually harassing an employee. As mentioned before, due to remote working, employees may engage more frequently in communicating with co-workers and superiors from the comfort of their own home than they would when at the physical workplace. Again, this can lead to staff being more relaxed and forgetful of what is not work-appropriate behavior, leaving them more susceptible to being sexually harassed or being a harasser.
- Zoom & FaceTime
Video conferencing has become a common way of communicating in the workplace and it has made working from home practical. Of course, it may be convenient, however, some employees may find it invasive. It may be argued that video conferencing allows outsiders to peer through a window into our personal lives.
Depending on your situation, not everyone has the means to keep your background impersonal. For instance, some employees may only have a quiet space in their bedroom. Should a fellow employee or co-worker make comments regarding this particular employee’s private life, it may be perceived as sexual harassment.
- Deliveries
Although technology provides numerous alternatives to in-person activities, there is still a demand for tangible items and or exchanges in the world of working from home. For example, there is still a need for physical files to be delivered in person. Taking this into account, this may open up employees to having in-person interactions with other coworkers. In particular, an employee’s home address may be disclosed to another employee who is delivering something work-related and exploit that knowledge. Below is an illustration of this:
Dave, an agent for a real-estate firm needed the original documents for a client to be sent to his home. Molly, the administrative assistant delivered the documents to Dave’s home. A few days later, Dave received a delivery from an online food ordering and delivery platform with a note from Molly saying “Hope you are having a good day, just thinking about you”. Dave thanked Molly for the gift but explained that his girlfriend may not appreciate him receiving deliveries from a female coworker.
Nonetheless, Molly continued sending Dave the occasional delivery and would go out of her way to hand-deliver things to Dave when he would specifically ask for another staff member to carry out the shipment.
Depending on the context, Molly’s behavior may be categorized as sexual harassment. Here, the fact that Dave expressed to Molly that her behavior was not wanted and not well received, it can be argued that she was put on notice by Dave that her behavior was unwanted.
- In Person Exchanges
As mentioned above, working remotely may call for deliveries and/or in-person exchanges to take place outside of the workplace. An employee may encounter unwelcome sexual advances from a co-worker during an exchange.
- Memes and Videos
Through email, text messages, or social media, it is possible to experience sexual harassment by receiving particular images or videos. These days, memes and video clips are a popular way of communicating a message or feeling to someone. Although another person may have created a video or meme, it has become a common practice in social settings to send them to someone as a way of saying “this is you” or “this is me” or perhaps “this is us”. But in doing so, this can be a means of making the receiver feel uncomfortable. For example:
Annie follows a comedian on Instagram whose content revolves around the humor in dating. One day, Annie sends her co-worker Todd a video from the comedian’s account. The video depicts a woman at the gym partaking in a series of exercises that concentrate on the buttocks. As the woman is exercising, a caption appears on the video that reads “working that booty to get his attention like…”. Although Annie did not send a message with the video, it was suggestive in Todd’s perception, making him feel awkward. Todd did not respond and since he received it, he has found it difficult to work with Annie.
Annie may argue that she was only joking but the video had a romantically suggestive tone, which was unwanted by Todd. It is important to note, that even if a person sends a video or meme to someone whom they are not romantically interested in if it makes the receiver uncomfortable it may be characterized as sexual harassment. For example:
Ben and Carl work remotely for a marketing firm. Recently Ben text messaged Carl a meme about a woman performing oral sex on her boyfriend.
Here, although Ben may not be romantically pursuing Carl because the meme is sexual, it still may cause Carl to feel uncomfortable.
- Social Media
Although you are not physically at work and interactions may occur outside of work hours, an employee may be sexually harassed via social media. A co-worker or superior may use a social media platform to harass a fellow employee through suggestive or flirtatious messages.
What do you do next?
An employer may be held liable for a sexually harassed remote worker. Please note that a victim employee may have difficulty in proving their claim however if they did not report the harassment to their employer or human resources. By reporting the sexual harassment, the employer has an opportunity to correct the issue. It may be argued that an employer is obligated to ensure sexual harassment does not occur in the first place, but giving an employer or human resources notice before considering legal action may make for a stronger claim.
If you are unsure what to do in your particular situation, you should call the law office of Stevens & McMillan to discuss the details of your issue for guidance.
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