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	<title>sexual harassment Archives - Employment Lawyer</title>
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		<title>3 Ways Sexual Harassment and Leaves of Absence Can Be Connected</title>
		<link>https://scmclaw.com/3-ways-sexual-harassment-and-leaves-of-absence-can-be-connected/</link>
		
		<dc:creator><![CDATA[Stevens and McMillan Law Firm]]></dc:creator>
		<pubDate>Fri, 05 Jul 2024 20:11:00 +0000</pubDate>
				<category><![CDATA[Attorney Info]]></category>
		<category><![CDATA[leave of absence]]></category>
		<category><![CDATA[sexual harassment]]></category>
		<guid isPermaLink="false">https://scmclaw.com/?p=9285</guid>

					<description><![CDATA[How Sexual Harassment and Leaves of Absence Can Be Connected? Table of contents: What is a leave of absence? What is sexual harassment? Sexual harassment can injure a person A victim of sexual harassment may need to take a leave of absence Sexual harassment and a leave of absence may lead to wrongful termination An [&#8230;]]]></description>
										<content:encoded><![CDATA[<p><a href="https://scmclaw.com/wp-content/uploads/2014/11/sexual-harassment.jpg"><img fetchpriority="high" decoding="async" class="aligncenter wp-image-4449" src="https://scmclaw.com/wp-content/uploads/2014/11/sexual-harassment-300x199.jpg" alt="3 Ways Sexual Harassment and Leaves of Absence Can Be Connected" width="499" height="331" srcset="https://scmclaw.com/wp-content/uploads/2014/11/sexual-harassment-300x199.jpg 300w, https://scmclaw.com/wp-content/uploads/2014/11/sexual-harassment.jpg 425w" sizes="(max-width: 499px) 100vw, 499px" /></a></p>
<h2>How Sexual Harassment and Leaves of Absence Can Be Connected?</h2>
<p style="text-align: left;"><strong><span style="font-size: 14pt;">Table of contents:</span></strong></p>
<ul>
<li><strong><a href="#what-is-leave-of-absence"><span style="font-size: 14pt;">What is a leave of absence?</span></a></strong></li>
<li><strong><a href="#what-is-sexual-harassment"><span style="font-size: 14pt;">What is sexual harassment?</span></a></strong></li>
<li><strong><a href="#sexual-harassment-can-injure-a-person"><span style="font-size: 14pt;">Sexual harassment can injure a person</span></a></strong></li>
<li><strong><a href="#victim-of-sexual-harassment-may-need-to-take-leave-of-absence"><span style="font-size: 14pt;">A victim of sexual harassment may need to take a leave of absence</span></a></strong></li>
<li><strong><a href="#sexual-harassment-and-leave-of-absence-may-lead-to-wrongful-termination"><span style="font-size: 14pt;">Sexual harassment and a leave of absence may lead to wrongful termination</span></a></strong></li>
</ul>
<p><span style="font-size: 14pt;">An incident of<strong> <a href="https://www.eeoc.gov/laws/types/sexual_harassment.cfm">sexual harassment</a></strong> on one hand and taking a leave of absence on the other are two types of situations that would not appear to coexist in the same set of facts, but unfortunately, the two can go hand-in-hand. A Sexual Harassment Attorney is the type of legal professional who would handle a case where both <a href="https://scmclaw.com/sexual-harassment/"><strong>sexual harassment</strong></a> and a leave of absence were connected.</span></p>
<ul>
<li><span style="font-size: 14pt;"><strong id="what-is-leave-of-absence">What is a leave of absence?</strong>  </span><span style="font-size: 14pt;">There are laws in California and laws at the federal level that protect certain leaves of absence for employees. In general, an employee may be considered for a leave of absence if he or she is considered by a doctor as suffering from a severe illness or injury.  The laws that govern leaves recognize certain physical and mental illnesses.</span></li>
<li><span style="font-size: 14pt;"><strong id="what-is-sexual-harassment">What is sexual harassment?</strong>  </span><strong><a style="font-size: 14pt; font-family: -apple-system, BlinkMacSystemFont, 'Segoe UI', Roboto, Oxygen-Sans, Ubuntu, Cantarell, 'Helvetica Neue', sans-serif;" href="https://en.wikipedia.org/wiki/Sexual_harassment">Sexual harassment</a></strong><span style="font-size: 14pt; color: initial; font-family: -apple-system, BlinkMacSystemFont, 'Segoe UI', Roboto, Oxygen-Sans, Ubuntu, Cantarell, 'Helvetica Neue', sans-serif;"> in employment law is considered to be a type of discrimination.  At first glance, it may not make sense for sexual harassment to be identified as a type of discrimination. Normally when one thinks of discrimination, the common things that come to mind are race, religion, or ethnicity.  Discrimination against an employee’s race or religion would include the same type of adverse treatment and isolation, but it would not be of a sexual nature, rather it would be based on the employee’s race or religion. The truth of the matter is that sexual harassment is a type of sex discrimination.  When an employee is sexually harassed they are also being victimized, singled out, and treated adversely because of their sex, i.e. being a man or a woman.  An employee who is sexually harassed is made to feel that he or she is being treated differently than others because of their sex and this treatment is sexual.</span></li>
</ul>
<p><span style="font-size: 14pt;">To be sexually harassed means an employee is made to feel uncomfortable and involuntarily subjected to unwanted behavior that is of a sexual nature within the workplace.  Because sexual harassment singles out a person based on their sex, sexual harassment is considered a type of discrimination.</span></p>
<p><span style="font-size: 14pt;">Sexual harassment comes in many different forms and can arise in various circumstances.  Sexual harassment is most commonly exercised through verbal communication and physical contact.  Another form of sexual harassment is demonstrated through visuals such as a person exposing parts of their body, presenting suggestive or lewd photos, inappropriate images such as memes or cartoons, and videos containing sexual content.  Inappropriate movements or behavior may be characterized as sexual harassment such as gestures a person may make to another which are suggestive and of a sexual nature.  Some examples of suggestive gestures may include gyrating, winking, blowing kisses, or acting out sexual acts.  Romantic overtures are another form of sexual harassment such as asking someone out on a date or commenting on their physical features or smells.</span></p>
<p><span style="font-size: 14pt;"><strong><a href="https://employment.findlaw.com/employment-discrimination/sexual-harassment-what-is-it.html">Sexual harassment</a> </strong>does not always entail a romantic pursuit, e.g. boy likes a girl, a boy asks a girl out on a date.  Sometimes sexual harassment can be found in situations where the harasser is not sexually motivated but harasses the employee for reasons or in ways that are of a sexual nature. For example, a group of female employees may not like another particular employee and may call her derogatory names such as slut or tramp and spread vulgar rumors about her sleeping with the manager of the company.  In that situation, the female employee may be considered as a victim of sexual harassment because the other female employees are singling her out and harassing her in ways that are of a sexual nature. Another example would be if a male employee showed one of his coworkers a video on his phone of him and his girlfriend having sexual intercourse.  In that scenario, although the man showing the video may not be romantically pursuing the other male employee, showing him the video may still be considered as sexual harassment because he is being subjected to an inappropriate image that is of a sexual nature. It may also be taken into account that by presenting this video, the employee felt uncomfortable.   When an employee needs legal advice or needs legal representation, a Sexual Harassment Attorney is the most suitable type of lawyer to contact.</span></p>
<p><img decoding="async" class="aligncenter wp-image-3967" src="https://scmclaw.com/wp-content/uploads/2014/11/iStock_000008808702Large-300x199.jpg" alt="3 Ways Sexual Harassment and Leaves of Absence Can Be Connected" width="481" height="319" /></p>
<ol>
<li>
<h3 id="sexual-harassment-can-injure-a-person">Sexual harassment can injure a person</h3>
</li>
</ol>
<p><span style="font-size: 14pt;">An employee may suffer physical or mental injuries from sexual harassment.</span></p>
<p><span style="font-size: 14pt;">Although sexual harassment may not cause immediate harm to a person’s health, it may surface after the fact or build up over time.  If an employee is subjected to sexual harassment, this may cause mental harm such as anxiety, panic attacks, depression, post-traumatic distress disorder, eating disorders, suicidal thoughts, or insomnia.  These mental harms may also have physical effects such as hair loss, vomiting, emotional outbursts, and trouble breathing.  Being sexually harassed on its own can be a traumatic experience but when it also occurs at an individual’s place of work, the horror of the occurrence can be amplified.  An employee has the right to feel safe at work and not live in fear of being preyed upon by a harasser.</span></p>
<p><a href="https://scmclaw.com/wp-content/uploads/2014/11/images.jpeg"><img decoding="async" class="aligncenter wp-image-3905" src="https://scmclaw.com/wp-content/uploads/2014/11/images.jpeg" alt="3 Ways Sexual Harassment and Leaves of Absence Can Be Connected" width="408" height="286" /></a></p>
<ol start="2">
<li>
<h3 id="victim-of-sexual-harassment-may-need-to-take-leave-of-absence">A victim of sexual harassment may need to take a leave of absence</h3>
</li>
</ol>
<p><span style="font-size: 14pt;">An employee who is subjected to sexual harassment or sick leave harassment may suffer from a physical or mental illness due to that harassment and as a result, the employee may need <a href="https://scmclaw.com/time-off-work/"><strong>time off from work</strong></a>.</span></p>
<p><span style="font-size: 14pt;">If a doctor declares an employee is suffering from a severe illness or injury, the employee may be entitled to a leave of absence.</span></p>
<p><a href="https://scmclaw.com/wp-content/uploads/2014/07/sexual-harassment-attorney-orange-county-stevens-mcmillan.jpg"><img loading="lazy" decoding="async" class="aligncenter wp-image-3494" src="https://scmclaw.com/wp-content/uploads/2014/07/sexual-harassment-attorney-orange-county-stevens-mcmillan-300x195.jpg" alt="3 Ways Sexual Harassment and Leaves of Absence Can Be Connected" width="445" height="289" srcset="https://scmclaw.com/wp-content/uploads/2014/07/sexual-harassment-attorney-orange-county-stevens-mcmillan-300x195.jpg 300w, https://scmclaw.com/wp-content/uploads/2014/07/sexual-harassment-attorney-orange-county-stevens-mcmillan.jpg 600w" sizes="(max-width: 445px) 100vw, 445px" /></a></p>
<ol start="3">
<li>
<h3 id="sexual-harassment-and-leave-of-absence-may-lead-to-wrongful-termination">Sexual harassment and a leave of absence may lead to wrongful termination</h3>
</li>
</ol>
<p><span style="font-size: 14pt;">Another way sexual harassment and a <a href="https://scmclaw.com/specialties/leaves-of-absence/"><strong>leave of absence</strong></a> are connected is when an employee is wrongfully terminated.  An employee may suffer a recognized serious illness or injury due to sexual harassment at work and as a result, may take a medical leave of absence. After the employee takes the leave of absence, he or she may be fired or let go due to taking the leave which may be considered as an illegal action by the employer.  If an employee takes a leave for a recognized reason, it may be unlawful for the employer to terminate the employee for taking the leave which is called wrongful termination.  If a situation like this was to unfold, the employee should call a <strong><a href="https://scmclaw.com">Sexual Harassment Attorney</a>.</strong></span></p>
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		<item>
		<title>6 Reasons California Workers Should Celebrate</title>
		<link>https://scmclaw.com/6-reasons-california-workers-should-celebrate/</link>
		
		<dc:creator><![CDATA[Stevens and McMillan Law Firm]]></dc:creator>
		<pubDate>Tue, 28 May 2024 00:43:00 +0000</pubDate>
				<category><![CDATA[Attorney Info]]></category>
		<category><![CDATA[Employment Attorney]]></category>
		<category><![CDATA[Employment lawyer]]></category>
		<category><![CDATA[sexual harassment]]></category>
		<guid isPermaLink="false">https://scmclaw.com/?p=13417</guid>

					<description><![CDATA[For the past few years, there have been some disappointments for workers when it comes to their rights and their protection. Fortunately, where federal law fails, California has taken strides to ensure its workers have the rights and protections they deserve. Let’s take a look at some of the reasons California employees have to celebrate: [&#8230;]]]></description>
										<content:encoded><![CDATA[
<figure class="wp-block-image"><img loading="lazy" decoding="async" width="1024" height="685" src="https://scmclaw.com/wp-content/uploads/2019/05/industrial-1636390_1280-1024x685.jpg" alt="" class="wp-image-13420" srcset="https://scmclaw.com/wp-content/uploads/2019/05/industrial-1636390_1280-1024x685.jpg 1024w, https://scmclaw.com/wp-content/uploads/2019/05/industrial-1636390_1280-300x201.jpg 300w, https://scmclaw.com/wp-content/uploads/2019/05/industrial-1636390_1280-768x514.jpg 768w, https://scmclaw.com/wp-content/uploads/2019/05/industrial-1636390_1280.jpg 1280w" sizes="(max-width: 1024px) 100vw, 1024px" /></figure>



<p>For the past few years, there have been some disappointments for workers when it comes to their rights and their protection. Fortunately, where federal law fails, California has taken strides to ensure its workers have the rights and protections they deserve. Let’s take a look at some of the reasons California employees have to celebrate:</p>



<p><strong>1. Wage-and-hour increases</strong></p>



<figure class="wp-block-image"><img loading="lazy" decoding="async" width="1024" height="685" src="https://scmclaw.com/wp-content/uploads/2019/05/industrial-1636397_1280-1024x685.jpg" alt="" class="wp-image-13422" srcset="https://scmclaw.com/wp-content/uploads/2019/05/industrial-1636397_1280-1024x685.jpg 1024w, https://scmclaw.com/wp-content/uploads/2019/05/industrial-1636397_1280-300x201.jpg 300w, https://scmclaw.com/wp-content/uploads/2019/05/industrial-1636397_1280-768x514.jpg 768w, https://scmclaw.com/wp-content/uploads/2019/05/industrial-1636397_1280.jpg 1280w" sizes="(max-width: 1024px) 100vw, 1024px" /></figure>



<p>There has been a lot of discussion about minimum wage
lately. Federally, it has not increased since 2009, when it rose from $6.55 to
$7.25 an hour. However, in California, the minimum wage is set to increase to
$15 an hour by January 2, 2023. Right now, the minimum wage in California is
$12 or $11 an hour, depending on the number of employees an employer has.
However, some cities have higher local minimum wages, including Pasadena, Los
Angeles, San Diego, and Berkeley. For many workers, this is something to
commend. </p>



<p>Agricultural workers also have cause to rejoice because, in 2019, California just made it easier for them to receive overtime, or time-and-a-half, pay. Previously, these workers did not receive overtime pay until they reached 10 hours a day, or 60 hours a week. Now, there will be phased-in changes that, by 2025, will require all employers of agricultural workers to pay their employees for overtime after the much more standard 8 hours a day, or 40 hours a week.  For now, only agricultural employers of more than 25 employees will be affected, and they will be required to pay <a href="https://scmclaw.com/specialties/wage-dispute-lawyers/overtime/">overtime</a> when their employees work more than 9.5 hours a day, or 55 hours a week. </p>



<p><strong>2. Improved protections against national origin and ancestry discrimination</strong></p>



<figure class="wp-block-image"><img loading="lazy" decoding="async" width="1024" height="646" src="https://scmclaw.com/wp-content/uploads/2019/05/construction-709487_1280-1024x646.jpg" alt="" class="wp-image-13419" srcset="https://scmclaw.com/wp-content/uploads/2019/05/construction-709487_1280-1024x646.jpg 1024w, https://scmclaw.com/wp-content/uploads/2019/05/construction-709487_1280-300x189.jpg 300w, https://scmclaw.com/wp-content/uploads/2019/05/construction-709487_1280-768x484.jpg 768w, https://scmclaw.com/wp-content/uploads/2019/05/construction-709487_1280.jpg 1280w" sizes="(max-width: 1024px) 100vw, 1024px" /></figure>



<p>While the <a href="https://www.dfeh.ca.gov/employment">California Fair Employment and Housing Act</a> (FEHA) gave some protection to applicants and employees who are discriminated against based on their national origin, last July ushered in more expanded protections by broadening the definition of “national origin” and defining what counts as national origin discrimination. </p>



<p>The new definition of “national origin” encompasses a myriad of new elements, including marriage to or association with a national origin group, tribal affiliation, physical/cultural/linguistic traits associated with a national origin group, attendance/participation in schools or religious institutions typically employed by persons of a national origin group, membership in or association with an organization identified with or seeking to promote the interests of a national origin group, and name that is associated with a national origin group. </p>



<p>Furthermore, the updated definition of <strong><a href="https://www.eeoc.gov/laws/types/nationalorigin.cfm">national origin discrimination</a></strong> includes, with some exceptions, the following: language restriction policies, discrimination based on accent or English proficiency, height and weight requirements, recruitment or assignment of positions/facilities/geographical area based on national origin, and inquiring into immigration status or discriminating based on immigration status. </p>



<p><strong>3. Increased training on human trafficking and sexual harassment</strong></p>



<figure class="wp-block-image"><img loading="lazy" decoding="async" width="1024" height="685" src="https://scmclaw.com/wp-content/uploads/2019/05/helmet-1636348_1280-1024x685.jpg" alt="" class="wp-image-13421" srcset="https://scmclaw.com/wp-content/uploads/2019/05/helmet-1636348_1280-1024x685.jpg 1024w, https://scmclaw.com/wp-content/uploads/2019/05/helmet-1636348_1280-300x201.jpg 300w, https://scmclaw.com/wp-content/uploads/2019/05/helmet-1636348_1280-768x514.jpg 768w, https://scmclaw.com/wp-content/uploads/2019/05/helmet-1636348_1280.jpg 1280w" sizes="(max-width: 1024px) 100vw, 1024px" /></figure>



<p>For employees who are likely to come into contact with
victims of human trafficking, employers must now provide at least 20 minutes of
defined training and education about human trafficking. This will apply to
employees whose jobs entail recurrent interactions with the public, like hotel
receptionists and cleaners. This is something everyone can rejoice, including
the employees who end up saving people from human trafficking situations. </p>



<p>In addition to human trafficking training, there are also new requirements concerning training about <a href="https://www.eeoc.gov/laws/types/sexual_harassment.cfm">sexual harassment</a>. By the beginning of 2020, all employers with at least five employees will be required to satisfy particular sexual harassment training requirements. Supervisors must receive two hours of training within six months of being in their position and then receive it again every two years. Employees who are not supervisors are mandated similarly, except the length of their training is one hour instead of two. </p>



<p><strong>4. Improved protections against sexual harassment</strong></p>



<figure class="wp-block-image"><img loading="lazy" decoding="async" width="1024" height="681" src="https://scmclaw.com/wp-content/uploads/2019/05/busy-880800_1280-1024x681.jpg" alt="" class="wp-image-13412" srcset="https://scmclaw.com/wp-content/uploads/2019/05/busy-880800_1280-1024x681.jpg 1024w, https://scmclaw.com/wp-content/uploads/2019/05/busy-880800_1280-300x199.jpg 300w, https://scmclaw.com/wp-content/uploads/2019/05/busy-880800_1280-768x511.jpg 768w, https://scmclaw.com/wp-content/uploads/2019/05/busy-880800_1280.jpg 1280w" sizes="(max-width: 1024px) 100vw, 1024px" /></figure>



<p>There has been much recent legislation passed that was
prompted by the MeToo movement. For example, one new law prohibits companies
from demanding secrecy when it comes to settlements related to sexual
harassment/assault and sex-based discrimination. That means victims will be
able to speak out against abusers if they want to and will not be subject to
non-disclosure provisions in settlement agreements. Hopefully, this law will
help end repeated abuse by the same people with different victims, as harassers
will not so easily continue to offend. &nbsp;</p>



<p><strong>5. More women on corporate boards</strong></p>



<figure class="wp-block-image"><img loading="lazy" decoding="async" width="1024" height="682" src="https://scmclaw.com/wp-content/uploads/2019/05/african-3683613_1280-1024x682.jpg" alt="" class="wp-image-13425" srcset="https://scmclaw.com/wp-content/uploads/2019/05/african-3683613_1280-1024x682.jpg 1024w, https://scmclaw.com/wp-content/uploads/2019/05/african-3683613_1280-300x200.jpg 300w, https://scmclaw.com/wp-content/uploads/2019/05/african-3683613_1280-768x512.jpg 768w, https://scmclaw.com/wp-content/uploads/2019/05/african-3683613_1280.jpg 1280w" sizes="(max-width: 1024px) 100vw, 1024px" /></figure>



<p>In some particularly exciting news, California is the first
state in the U.S. to legally require gender diversity. By the end of 2019,
publicly traded companies with headquarters in California will be required to
have at least one woman on their boards of directors. Moreover, by the end of
2021, boards with five directors must include two women minimum, and boards
with six or more directors must include three women minimum. This is good news
not just for women, but for everyone, as substantial research indicates that
companies perform better and turn a bigger profit when women are on the boards
(e.g., Credit Suisse, Catalyst, Peterson Institute for International Economics,
University of California Davis, etc.). Moreover, this new legislation does not
require men to lose their board member positions, as companies are permitted to
increase the number of board members. &nbsp;</p>



<p><strong>6. More accountability for worker safety</strong></p>



<figure class="wp-block-image"><img loading="lazy" decoding="async" width="1024" height="690" src="https://scmclaw.com/wp-content/uploads/2019/05/solar-panels-1794467_1280-1024x690.jpg" alt="" class="wp-image-13424" srcset="https://scmclaw.com/wp-content/uploads/2019/05/solar-panels-1794467_1280-1024x690.jpg 1024w, https://scmclaw.com/wp-content/uploads/2019/05/solar-panels-1794467_1280-300x202.jpg 300w, https://scmclaw.com/wp-content/uploads/2019/05/solar-panels-1794467_1280-768x518.jpg 768w, https://scmclaw.com/wp-content/uploads/2019/05/solar-panels-1794467_1280.jpg 1280w" sizes="(max-width: 1024px) 100vw, 1024px" /></figure>



<p>While at the federal level, employees are seeing less
protection against workplace injuries and illnesses, in California, recent
developments further protection for workers. Among other things, the Division
of Occupational Safety and Health, also known as Cal/OSHA, now has five years,
instead of only six months, to give citations to employers who fail to record
injuries or deaths accurately. That means increased accountability for
employers and increased protection for workers. </p>



<p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Hopefully, this list provided some comfort or satisfaction to California employees. Workers constitute the backbone of a society, and the current California legislators seem to realize this. Under Governor Gavin Newsom’s leadership, it can be expected that worker protection will continue to be a priority. </p>



<p>Of course, despite legislation, there are still violations of rights and because of this, it is vital for employers and employees to understand the laws that affect them. If you think your rights as an employee have been violated, you should talk to an <a href="https://scmclaw.com"><strong>employment attorney</strong></a> to see what can be done to rectify the injustice. </p>
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		<title>3 Types of Sexual Harassment at The Workplace</title>
		<link>https://scmclaw.com/3-types-of-sexual-harassment-at-the-workplace/</link>
					<comments>https://scmclaw.com/3-types-of-sexual-harassment-at-the-workplace/#comments</comments>
		
		<dc:creator><![CDATA[Stevens and McMillan Law Firm]]></dc:creator>
		<pubDate>Tue, 21 May 2024 00:03:00 +0000</pubDate>
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		<category><![CDATA[what is visual harassment]]></category>
		<category><![CDATA[workplace harassment examples]]></category>
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					<description><![CDATA[3 Types of Sexual Harassment at The Workplace Do you know visual harassment is a form of sexual harassment in the workplace? California’s Constitution protects employees from being harassed within the workplace.  Employees and employers should be familiar with the Fair Employment and Housing Act and the California Government Code § 12940(j)(1), which makes it [&#8230;]]]></description>
										<content:encoded><![CDATA[<p><a href="https://scmclaw.com/wp-content/uploads/2020/05/sexual-harassment.jpg"><img loading="lazy" decoding="async" class="aligncenter wp-image-15225" src="https://scmclaw.com/wp-content/uploads/2020/05/sexual-harassment-300x199.jpg" alt="3 Types of Sexual Harassment at Workplace" width="579" height="384" srcset="https://scmclaw.com/wp-content/uploads/2020/05/sexual-harassment-300x199.jpg 300w, https://scmclaw.com/wp-content/uploads/2020/05/sexual-harassment.jpg 425w" sizes="(max-width: 579px) 100vw, 579px" /></a></p>
<h2 style="text-align: center;"><span style="font-size: 36pt;">3 Types of Sexual Harassment at The Workplace</span></h2>
<p><span style="font-size: 14pt;">Do you know <strong>visual harassment</strong> is a form of sexual harassment in the workplace? </span></p>
<p><span style="font-size: 14pt;">California’s Constitution protects employees from being harassed within the workplace.  Employees and employers should be familiar with the Fair Employment and Housing Act and the California Government Code § 12940(j)(1), which makes it illegal to harass an employee. Harassment isn’t always physical or directed at a particular employee, but it may still offend that employee. Employees may be targets of harassment based on their gender, gender identity, how they express their gender, or based on an employee’s pregnancy, childbirth, or related medical conditions (Cal Gov Code § 12940(j)(4)(C)). However,<span style="color: #000000;"><strong> <a style="color: #000000;" href="https://www.eeoc.gov/laws/types/sexual_harassment.cfm">sexual harassment</a> </strong></span>remains the most prevalent in the workplace, above all other forms of harassment.</span></p>
<h2><span style="font-size: 24pt;"> Sexual harassment can come from physical, verbal, or visual acts.</span></h2>
<ul>
<li><span style="color: #000000;"><strong><span style="font-size: 14pt;"><a style="color: #000000;" href="#physical-sexual-harassment"><u>Physical Sexual Harassment</u></a></span></strong></span></li>
<li><span style="color: #000000;"><strong><span style="font-size: 14pt;"><a style="color: #000000;" href="#verbal-sexual-harassment"><u>Verbal Sexual Harassment</u></a></span></strong></span></li>
<li><span style="color: #000000;"><strong><span style="font-size: 14pt;"><a style="color: #000000;" href="#visual-sexual-harassment"><u>Visual Sexual Harassment</u></a></span></strong></span></li>
</ul>
<p><span style="font-size: 14pt;"><strong><u>What is expected of the employer and or organization? </u></strong></span></p>
<p><span style="font-size: 14pt;">It is not always an employer who is sexually harassing the employee; sometimes, it can even be other employees sexually harassing an individual. However, this does not absolve the employer from being responsible for the occurrence of the harassment (Gov. C. § 12940(k)). Under FEHA regulations, employers are held accountable for not taking reasonable steps to prevent harassment from taking place. Employers took reasonable steps to ensure a safe and sexual harassment-free work environment, including providing prevention training. Employers are also expected to provide all employees with a copy of the California Fair Employment and Housing fact sheet upon being hired.</span></p>
<p><span style="font-size: 14pt;">If an employee feels unsafe in their workplace, it is important to discuss their potential claim with a Sexual Harassment Lawyer.</span></p>
<h3 id="physical-sexual-harassment"><span style="font-size: 18pt;"><strong><u>1- Physical Sexual Harassment</u></strong></span></h3>
<p><span style="font-size: 12pt;"><a href="https://scmclaw.com/wp-content/uploads/2020/05/iStock_000008808702Large-1024x682-1.jpg"><img loading="lazy" decoding="async" class="alignnone wp-image-15224" src="https://scmclaw.com/wp-content/uploads/2020/05/iStock_000008808702Large-1024x682-1-300x200.jpg" alt="Physical Sexual Harassment" width="566" height="377" srcset="https://scmclaw.com/wp-content/uploads/2020/05/iStock_000008808702Large-1024x682-1-300x200.jpg 300w, https://scmclaw.com/wp-content/uploads/2020/05/iStock_000008808702Large-1024x682-1-768x512.jpg 768w, https://scmclaw.com/wp-content/uploads/2020/05/iStock_000008808702Large-1024x682-1.jpg 1024w" sizes="(max-width: 566px) 100vw, 566px" /></a></span></p>
<p><span style="font-size: 14pt;"><strong>Physical sexual harassment</strong> is the most obvious and well-known form of <span style="color: #000000;"><strong><a style="color: #000000;" href="https://en.wikipedia.org/wiki/Sexual_harassment">sexual harassment</a></strong></span>. It is exercised through <strong>unwelcome touching,</strong> such as rubbing up against a person, physically interfering with another’s movements, or preventing another from completing their work. Examples of <strong>unwanted touching</strong> would be if Employee A placed his arms around Employee B and Employee B felt uncomfortable with this and asked Employee A to stop. Another example would be if Employee A would block Employee B with his body from leaving the copy room, preventing Employee B from leaving that area without touching Employee A. An employee who has been subjected to <strong>physical harassment</strong> should discuss the matter with a<span style="color: #000000;"> <strong><a style="color: #000000;" href="https://scmclaw.com/sexual-harassment-lawyers-orange-county/">Sexual Harassment Lawyer</a></strong></span>.</span></p>
<h3 id="verbal-sexual-harassment"><span style="font-size: 18pt;"><strong><u>2- Verbal Sexual Harassment</u></strong></span></h3>
<p><span style="font-size: 12pt;"><a href="https://scmclaw.com/wp-content/uploads/2020/05/sexual-harassment-attorney-orange-county-stevens-mcmillan.jpg"><img loading="lazy" decoding="async" class="alignnone wp-image-15223" src="https://scmclaw.com/wp-content/uploads/2020/05/sexual-harassment-attorney-orange-county-stevens-mcmillan-300x195.jpg" alt="Verbal Sexual Harassment" width="577" height="375" srcset="https://scmclaw.com/wp-content/uploads/2020/05/sexual-harassment-attorney-orange-county-stevens-mcmillan-300x195.jpg 300w, https://scmclaw.com/wp-content/uploads/2020/05/sexual-harassment-attorney-orange-county-stevens-mcmillan.jpg 600w" sizes="(max-width: 577px) 100vw, 577px" /></a></span></p>
<p><span style="font-size: 14pt;">Remarks or comments that are disrespectful insults or slurs may also be considered <strong>verbal harassment</strong> towards an individual. Under FEHA regulations, employees may identify their experience with verbal comments as “harassment” even through nicknames, labeling, or titles.  Examples of this would be employee A nicknaming employee B “Hot Stuff” or “Big Butt Belinda.” These kinds of nicknames or titles are offensive and comment on an individual’s anatomy, and also have a sexual connotation.</span></p>
<p><span style="font-size: 14pt;">Although the workplace is a space for professionals employed by an organization, some employees today are subjected to feeling uncomfortable and endure unwelcome interactions while at their place of employment.  This can be distracting for a victim of this behavior, leaving him or her afraid to go to work.  The Fair Employment and Housing Act regulations recognize verbal harassment as a form of harassment and specify “romantic overtures” as a type of verbal harassment. But what exactly does that even mean? Put simply, this means romantic or flirtatious gestures from person A to person B to attempt to progress a platonic or formal relationship to a romantic level. These attempts, as in plural, are continuous and consistent.</span></p>
<p><span style="font-size: 14pt;">To give rise to a claim, romantic or flirtatious remarks are still considered harassment whether the remarks are subtle or obvious. Subtle verbal overtures may be an invitation to go on a lunch or dinner date.  In this scenario, although an invitation to lunch or dinner may be a way in which friends interact with one another, depending on the particular circumstances this may be construed as harassment.  An obvious verbal overture may be a comment such as “We would make beautiful babies together” or “I wonder what it would be like if we dated”. These comments are obvious in an attempt to escalate a relationship into a romantic and or sexual realm.</span></p>
<p><span style="font-size: 14pt;">An individual with this issue at work would need to contact a Sexual Harassment Lawyer to see if they have a claim against their employer.</span></p>
<h3 id="visual-sexual-harassment"><span style="font-size: 18pt;"><strong><u>3- Visual Sexual Harassment </u></strong></span></h3>
<p><span style="font-size: 12pt;"><a href="https://scmclaw.com/wp-content/uploads/2014/11/images.jpeg"><img loading="lazy" decoding="async" class="aligncenter wp-image-3905" src="https://scmclaw.com/wp-content/uploads/2014/11/images.jpeg" alt="Visual Sexual Harassment" width="600" height="421" /></a></span></p>
<p><span style="font-size: 14pt;">The Fair Employment and Housing Act recognizes that sexual harassment may come in the form of <span style="color: #000000;"><a style="color: #000000;" href="https://www.aware.org.sg/training/wsh-site/3-characteristics/"><strong>visual harassment</strong></a></span> (2. Cal Gov. Regs. § 11019(b)(1)). At first glance, “visual harassment” may seem obvious because one individual is exposing themselves to another who does not appreciate the exposure. However, visual harassment comes in other forms that are not as blatant as perhaps a fellow employee exposing. Visual harassment can be demonstrated through cartoons or drawings considered offensive and/ or insulting to the victim. For example, a male employee may draw the character of a fellow female colleague in which her breast size is exaggerated. In that scenario, the female employee is being sexually harassed based on the visual of herself, which could be construed as sexual while also making her feel uncomfortable.</span></p>
<p><span style="font-size: 14pt;">More commonly, in an age of technology, one employee showing a video or picture to another employee in the workplace in which that individual finds the visual offensive or insulting may be considered visual harassment even though it does not involve that particular employee being offended. For example, a female or male employee may show or attempt to show another coworker a video of herself or himself having sexual intercourse with his or her partner. In this scenario, although the video does not have anything to do with the employee shown in the video, this act is still considered <strong>visual harassment</strong> because it is sexual, offensive, and unwelcome.</span></p>
<p><span style="font-size: 14pt;">Visual sexual harassment is also exercised through posters displayed within the workplace. Posters that would fall under this category of visual harassment, as mentioned above, would contain visuals that are offensive in their sexual nature and offend the particular individual.</span></p>
<p><span style="font-size: 14pt;">Lewd gestures are also recognized under the Fair Employment and Housing Act as visual harassment. This could be interpreted to cover an array of acts being performed by one employee that offends another particular employee. For example, one employee may gyrate or perform pelvic thrusts toward another employee. Although the employee carrying out the act is not touching this particular employee, nor are they even conducting themselves in that way about that specific employee, it is still considered visual harassment.</span></p>
<p><span style="font-size: 14pt;">An employee who is experiencing this type of visual harassment should call a Sexual Harassment Lawyer.</span></p>
<p><a href="https://scmclaw.com/wp-content/uploads/2020/05/young-woman-g92ca601ac_640.jpg"><img loading="lazy" decoding="async" class="size-full wp-image-16425 aligncenter" src="https://scmclaw.com/wp-content/uploads/2020/05/young-woman-g92ca601ac_640.jpg" alt="How to stop sexual harassment at work" width="640" height="426" srcset="https://scmclaw.com/wp-content/uploads/2020/05/young-woman-g92ca601ac_640.jpg 640w, https://scmclaw.com/wp-content/uploads/2020/05/young-woman-g92ca601ac_640-300x200.jpg 300w" sizes="(max-width: 640px) 100vw, 640px" /></a></p>
<p style="text-align: center;"><span style="font-size: 18pt;"><strong>How to stop sexual harassment at work?</strong></span></p>
<p><span style="font-size: 14pt;">Do you know <strong>what is sexual harassment?</strong> And <strong>what to do to stop sexual harassment at work</strong>. Although harassment in the workplace is illegal in California, the issue remains a hot topic in the media and the courtroom. The <span style="color: #000000;"><strong><a style="color: #000000;" href="https://www.dfeh.ca.gov/employment/">Fair Employment and Housing Act</a></strong></span> requires employers and organizations to ensure a harassment-free workplace. However, this obligation only requires them to take &#8220;reasonable steps&#8221; to make this happen. Recent news stories have highlighted that more applicants and employees have spoken out to disclose the unlawful treatment they received at work. Unresolved is the question of what the best way to encourage change in the workplace is to stop sexual harassment. However, employees must know their rights and what constitutes a hostile workplace environment until this issue is resolved. An employee may feel that there is a problem at work and should contact a <strong><a href="https://scmclaw.com/sexual-harassment-lawyers-orange-county">sexual harassment attorney</a> </strong>to discuss their case.</span></p>
<p><span style="font-size: 14pt;">A <strong>Harassment Attorney</strong> is available to explain <strong>harassment definition</strong> and assist in cases where sexual harassment has been a problem. In <em>EEOC v. Prospect Airport Servs</em>., 621 F. 3d 991, 2010 U.S. App. The Equal Employment Opportunity Commission brought suit under Title VII of the 1964 Civil Rights Act to terminate an employee. It claimed that the employee had been unlawfully placed in a hostile workplace. According to the former employee, he was subject to constant sexual advances by a female co-worker. The inappropriate behavior and sexual advances included the sending of love notes and photos to the employee. She also shared suggestive photos with the employee and sent romantic messages to other employees. He was also cat-called by a female coworker as he passed certain work areas. The employee continued this behavior for a long time, making numerous complaints to his supervisors and managers. While some complaints were ignored, others were not addressed.</span></p>
<p><span style="font-size: 14pt;">In this case, the Court found that the employee had a hostile work environment claim due to three factors. First, the employee presented sufficient evidence to prove that it was a matter of fact whether he encouraged his coworker&#8217;s sexual acts even though he had repeatedly rejected her. He presented evidence to show that he did not encourage his female coworker. The co-worker was propositioned so often that the employee could reasonably consider her abusive and hostile behavior. The third factor was that the coworker was so pervasive, and the employer&#8217;s insufficient response was sufficient to make the matter go before a jury.</span></p>
<p><span style="font-size: 14pt;">This case shows that an employee can bring a lawsuit against their employer or organization regarding co-workers&#8217; actions. It strengthens the case if they do so more than once. Continuous behavior is more important when a plaintiff has to present their case against a coworker. However, it is not the exact same standard when making a claim against a supervisor. It may suffice to make a claim against an employer for creating a hostile working environment if the employee is subject to sexual assault by their supervisor. This was proven in <em>Dee v. Vintage Petroleum, Inc</em>, 2003 106 CA4th 30 and 35, 129CR2d 923, 927. Even though the case involved a racial insult, the Court found that the plaintiff was able to create a hostile work environment by merely mentioning it once.</span></p>
<p><strong><span style="font-size: 14pt;">What level of conduct is necessary for hostile work environments to be considered? </span></strong></p>
<p><span style="font-size: 14pt;">The nature of the unacceptable behavior is important when deciding whether a workplace environment is hostile because of sexual harassment. A set of facts may consist of subtle comments or one comment, but a sexual assault allegation or horseplay that is sexually explicit can be as significant as a whole. Hocevar (8 <sup>th</sup> Circuit. 2000) 223F3d 721, 738 is an example of conduct that would not be considered severe enough to constitute a hostile work environment. The Court did not consider that the comments made by the employee were offensive, coupled with a slow dance at a company event, to be sufficient to constitute a hostile work environment. Even if a supervisor made the invitation, it may not be considered a hostile work environment if it is only on one or two occasions.</span></p>
<p><span style="font-size: 14pt;">The bottom line is that employees who are well-informed about their rights will be more able to protect themselves in the workplace, even if the employer does not take reasonable steps to <u>stop sexual harassment in the workplace</u>. An employee might also be able to gather enough evidence to call a </span><u>sexual harassment attorney</u><span style="font-size: 14pt;"> in their locality to discuss possible remedies.</span></p>
<p><span style="font-size: 14pt;">( <em>Brennan Townsend &amp; O&#8217;Leary Enterprises Inc.</em> (2011) 199 CR3d 292, 325) The severity of inappropriate behavior must be measured to determine if there is a hostile environment in the workplace. ( <em>Ellison v. Brady</em> (9th C. 1991) 924 F2d 872, 878)</span></p>
<p style="text-align: center;"><span style="font-size: 12pt;">&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;..</span></p>
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		<title>10 Signs You might be a Victim of Sexual Harassment at Work</title>
		<link>https://scmclaw.com/10-signs-you-might-be-a-victim-of-sexual-harassment-at-work/</link>
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		<dc:creator><![CDATA[Stevens and McMillan Law Firm]]></dc:creator>
		<pubDate>Thu, 07 May 2020 19:28:56 +0000</pubDate>
				<category><![CDATA[Attorney Info]]></category>
		<category><![CDATA[am i being sexually harassed at work]]></category>
		<category><![CDATA[how do you know if someone is sexually harassing you?]]></category>
		<category><![CDATA[how to know if you have been sexually harassed]]></category>
		<category><![CDATA[inappropriate touching at work]]></category>
		<category><![CDATA[sexual harassment]]></category>
		<category><![CDATA[sexual harassment definition]]></category>
		<category><![CDATA[sexual harassment law firm]]></category>
		<category><![CDATA[sexual harassment meaning]]></category>
		<category><![CDATA[sexual harassment signs]]></category>
		<category><![CDATA[signs of harassment]]></category>
		<category><![CDATA[signs of sexual harassment at work]]></category>
		<category><![CDATA[signs someone is sexually harassing you]]></category>
		<category><![CDATA[signs someone is thinking about you sexually]]></category>
		<category><![CDATA[what is considered sexual harassment]]></category>
		<category><![CDATA[what is inappropriate touching at work]]></category>
		<category><![CDATA[what is sexual harassment]]></category>
		<guid isPermaLink="false">https://scmclaw.com/?p=9315</guid>

					<description><![CDATA[10 Signs someone is sexually harassing you You feel uncomfortable You are experiencing unwanted physical contact You are being treated differently based on your sex Saying “no” has no impact You were asked for a sexual favor You feel bullied You are being subjected to jokes or images of a sexual nature You are not [&#8230;]]]></description>
										<content:encoded><![CDATA[<p><span style="font-size: 14pt;"><a href="https://scmclaw.com/wp-content/uploads/2012/10/harassment.jpg"><img loading="lazy" decoding="async" class="aligncenter wp-image-1338" src="https://scmclaw.com/wp-content/uploads/2012/10/harassment-300x222.jpg" alt="10 Signs You might be a Victim of Sexual Harassment at Work" width="482" height="357" srcset="https://scmclaw.com/wp-content/uploads/2012/10/harassment-300x222.jpg 300w, https://scmclaw.com/wp-content/uploads/2012/10/harassment.jpg 450w" sizes="(max-width: 482px) 100vw, 482px" /></a></span></p>
<h2><span style="font-size: 14pt;">10 Signs someone is sexually harassing you</span></h2>
<ul>
<li><span style="color: #000000;"><strong><a style="color: #000000;" href="#feel-uncomfortable"><span style="font-size: 14pt;">You feel uncomfortable</span></a></strong></span></li>
<li><span style="color: #000000;"><strong><a style="color: #000000;" href="#unwanted-physical-contact"><span style="font-size: 14pt;">You are experiencing unwanted physical contact</span></a></strong></span></li>
<li><span style="color: #000000;"><strong><a style="color: #000000;" href="#treated-differently"><span style="font-size: 14pt;">You are being treated differently based on your sex</span></a></strong></span></li>
<li><span style="color: #000000;"><strong><a style="color: #000000;" href="#saying-no"><span style="font-size: 14pt;">Saying “no” has no impact</span></a></strong></span></li>
<li><span style="color: #000000;"><strong><a style="color: #000000;" href="#sexual-favor"><span style="font-size: 14pt;">You were asked for a sexual favor</span></a></strong></span></li>
<li><span style="color: #000000;"><strong><a style="color: #000000;" href="#feel-bullied"><span style="font-size: 14pt;">You feel bullied</span></a></strong></span></li>
<li><span style="color: #000000;"><strong><a style="color: #000000;" href="#joke-image-sexual-nature"><span style="font-size: 14pt;">You are being subjected to jokes or images of a sexual nature</span></a></strong></span></li>
<li><span style="color: #000000;"><strong><a style="color: #000000;" href="#not-only-victim"><span style="font-size: 14pt;">You are not the only victim</span></a></strong></span></li>
<li><span style="color: #000000;"><strong><a style="color: #000000;" href="#victim-revenge"><span style="font-size: 14pt;">You become a victim of revenge</span></a></strong></span></li>
<li><span style="color: #000000;"><strong><a style="color: #000000;" href="#feel-unsafe"><span style="font-size: 14pt;">You feel unsafe</span></a></strong></span></li>
</ul>
<p><span style="font-size: 14pt;">Let’s start at the top.</span></p>
<p><span style="font-size: 14pt;">If your question is </span></p>
<ul>
<li><span style="font-size: 14pt;">Am I being sexually harassed at work? </span></li>
<li><span style="font-size: 14pt;">What are the signs of sexual harassment?</span></li>
</ul>
<p>Then please look at this article:</p>
<p class="yiv8947794329MsoNormal"><span id="feel-uncomfortable" style="font-size: 14pt;"><b class="yiv8947794329">1.  You feel uncomfortable</b></span></p>
<p class="yiv8947794329MsoNormal"><span style="font-size: 14pt;"><span style="color: #000000;"><strong><a style="color: #000000;" href="https://www.rainn.org/articles/sexual-harassment">Sexual harassment</a>,</strong></span> to a degree, is measured subjectively and takes the expression “bad vibes” to a whole new level.  Although the workplace is to remain professional, unless you work from home, you will have social interaction with other coworkers, setting the scene for most inappropriate behaviors.</span></p>
<p class="yiv8947794329MsoNormal"><span style="font-size: 14pt;">While some inappropriate behavior in the workplace may be blatant, like a slap on the buttocks, other conduct may be subtler such as innuendos or sensual touching disguised as an accident. Keep in mind that even text messages or emails can be a mechanism for inflicting unwelcome sexual behavior.  Whether advances are obvious or indirect, the main issue is when they are unwanted.  </span></p>
<ul>
<li class="yiv8947794329MsoNormal"><span style="font-size: 14pt;"><strong>So what if you are unsure?</strong>  One way to identify possible sexual harassment is to go with your gut.</span></li>
<li class="yiv8947794329MsoNormal"><span style="font-size: 14pt;"><strong>Is the behavior toward you making you feel uncomfortable?</strong> When you do not want someone to make advances toward you, this is a feeling that indicates sexual harassment.</span></li>
</ul>
<p class="yiv8947794329MsoNormal"><span style="font-size: 14pt;">If you are uncertain, listen to the bells and whistles; let your natural discomfort be an initial guide.  Once you have acknowledged that you are not comfortable with the behavior towards you by someone at the workplace, the next step would be to consult with an employment lawyer.  An employment lawyer will be able to gather the information you provide and decide whether you may be a victim of sexual harassment.</span></p>
<p class="yiv8947794329MsoNormal"><span id="unwanted-physical-contact" style="font-size: 14pt;"><b class="yiv8947794329">2.   You are experiencing <span style="color: #000000;"><a style="color: #000000;" href="http://www.cnn.com/2010/LIVING/worklife/02/08/cb.getting.physical.at.work/index.html">unwanted physical contact</a></span></b></span></p>
<p class="yiv8947794329MsoNormal"><span style="font-size: 14pt;">A common form of unwanted advances in the workplace is physical contact.  If someone at your work is touching you and it is unwelcomed touching, this may be a form of sexual harassment.  Some examples of physical contact may be rubbing shoulders, pushing up against another, leering, hugging, expressions of physical affection, using objects to touch another, or even using one’s body to block you from entering or exiting a room.   Even if physical contact is marketed as accidental or harmless, within reason, you have the right to feel safe at work and free from unwelcome touching.</span></p>
<p class="yiv8947794329MsoNormal"><span style="font-size: 14pt;">Again, if you are unsure, it is always best to speak with a legal professional who can appreciate the particulars of your situation and identify your rights in the circumstances.</span></p>
<p class="yiv8947794329MsoNormal"><span id="treated-differently" style="font-size: 14pt;"><b class="yiv8947794329">3.  You are being treated differently based on your sex</b></span></p>
<p class="yiv8947794329MsoNormal"><span style="font-size: 14pt;">Sexual harassment is a form of <a href="https://www.equalrights.org/legal-help/know-your-rights/sex-discrimination-at-work/"><span style="color: #000000;"><strong>sex discrimination</strong></span></a>. Another sign that you may be a victim of sexual harassment is if you are being treated a particular way because you are a man or because you are a woman.  This means that you, as an employee, may be singled out and treated adversely based on your sex.  For instance, an employer or superior may only treat the female employees in a particular way or just the male employees in a particular way.  A comment may be made in regards to your sex “Hey, you’re a sexy woman, let a real man take you out”.</span></p>
<p class="yiv8947794329MsoNormal"><span style="font-size: 14pt;">If you are being singled out and treated differently, the treatment hurts you, and the reason for the treatment is based on your sex, then this may be considered sexual harassment.</span></p>
<p class="yiv8947794329MsoNormal"><span id="saying-no" style="font-size: 14pt;"><b class="yiv8947794329">4.  Saying “no” has no impact</b></span></p>
<p class="yiv8947794329MsoNormal"><span style="font-size: 14pt;">It is technically not against the law to date someone at work; it is not ideal but not necessarily illegal.  The law does get involved however when someone at work makes advances toward someone where it is not consensual.  In a situation where someone at work has made it known they are romantically interested in you but you have said “no” and yet they continue to pursue you, this may be considered sexual harassment.</span></p>
<p class="yiv8947794329MsoNormal"><span id="sexual-favor" style="font-size: 14pt;"><b class="yiv8947794329">5.  You were asked for a <span style="color: #000000;"><a style="color: #000000;" href="https://www.merriam-webster.com/dictionary/sexual%20favors">sexual favor</a></span></b></span></p>
<p class="yiv8947794329MsoNormal"><span style="font-size: 14pt;">Quid pro quo is a situation where your superior at work or in a position of power, offers employee benefits in exchange for sexual favors.  For example, your manager asked you out on a date and in exchange, he promised to give you a promotion.</span></p>
<p class="yiv8947794329MsoNormal"><span style="font-size: 14pt;">Another form of quid pro quo is when this person in a position of power threatens to impose adverse action against you if you reject the request for a sexual favor.  An example of this would be if your supervisor gave you the ultimatum to go on a date with him or her, and should you refuse, you would be reprimanded.</span></p>
<p class="yiv8947794329MsoNormal"><span id="feel-bullied" style="font-size: 14pt;"><b class="yiv8947794329">6.  You <span style="color: #000000;"><a style="color: #000000;" href="https://www.stopbullying.gov/">feel bullied</a></span></b></span></p>
<p class="yiv8947794329MsoNormal"><span style="font-size: 14pt;">Being bullied at work can revolve around behavior that is driven by romantic or sexual advances.  This type of work environment may be considered a hostile work environment.  If you are being bullied into going on a date with someone at work or being teased about things concerning your body or sexuality, or gender, chances are you may be considered a victim of sexual harassment. Being pressured or made to feel uncomfortable concerning matters of a sexual nature may qualify for legal action against an employer and should not be tolerated.</span></p>
<p class="yiv8947794329MsoNormal"><span id="joke-image-sexual-nature" style="font-size: 14pt;"><b class="yiv8947794329">7.  You are being subjected to jokes or images of a sexual nature</b></span></p>
<p class="yiv8947794329MsoNormal"><span style="font-size: 14pt;">Even if you are not being hit on or the object of someone’s affection, you may still be sexually harassed by images or pranks that are sexual.  Even emails, texts, videos, and cartoons, are mechanisms considered to potentially deliver forms of sexual harassment to employees at the workplace.  It remains sexual pestering if an individual at work, whether it be a manager or another fellow employee, subjects you to sexual anecdotes or images.</span></p>
<p class="yiv8947794329MsoNormal"><span id="not-only-victim" style="font-size: 14pt;"><b class="yiv8947794329">8.  You are not the only victim</b></span></p>
<p class="yiv8947794329MsoNormal"><span style="font-size: 14pt;">If other employees including yourself have been treated in a particular way that is sexual, chances are, you are indeed a victim of sexual harassment.  Establishing a pattern of sexual harassment amongst other employees, including yourself, may strengthen a sexual harassment claim.  By showing that other particular employees have been subjected to similar treatment, a victim-employee may be able to present supportive evidence in their claim.</span></p>
<p class="yiv8947794329MsoNormal"><span id="victim-revenge" style="font-size: 14pt;"><b class="yiv8947794329">9.  You become a<span style="color: #000000;"> <a style="color: #000000;" href="https://www.consumer.ftc.gov/blog/2018/01/what-do-if-youre-target-revenge-porn">victim of revenge</a></span></b></span></p>
<p class="yiv8947794329MsoNormal"><span style="font-size: 14pt;">Job security is an essential aspect of maintaining an employment position and if you have denied a superior’s advances at work, you may feel like your job is in jeopardy.</span></p>
<p class="yiv8947794329MsoNormal"><span style="font-size: 14pt;">If you have rejected another employee or superior and they have punished you for that in the workplace, this may be considered a form of retaliation in addition to sexual harassment.</span></p>
<p class="yiv8947794329MsoNormal"><span id="feel-unsafe" style="font-size: 14pt;"><b class="yiv8947794329">10.  You feel unsafe</b></span></p>
<p class="yiv8947794329MsoNormal"><span style="font-size: 14pt;">Feeling unsafe in the workplace due to an environment that is sexual is a strong indicator that you are a victim of sexual harassment.</span></p>
<p><span style="font-size: 14pt;"><strong><span class="wordai-block rewrite-block enable-highlight active" data-id="2">Training to prevent workplace sexual harassment?</span></strong></span></p>
<p><span style="font-size: 14pt;"><span class="wordai-block rewrite-block enable-highlight" data-id="3">Each state in the United States of America has its employment law.</span> <span class="wordai-block rewrite-block enable-highlight" data-id="1">California has many laws that regulate employment.</span> <span class="wordai-block rewrite-block enable-highlight" data-id="4"><strong><span style="color: #000000;">California&#8217;s employment laws and regulations</span></strong> protect both employees and employers.</span> <span class="wordai-block rewrite-block enable-highlight" data-id="7">This body of law is complex and difficult to understand.</span> <span class="wordai-block rewrite-block enable-highlight" data-id="6">Employers and employees are often unaware of their rights and obligations.</span> <span class="wordai-block rewrite-block enable-highlight" data-id="17">During a consultation, a Sexual Harassment Lawyer might ask if an employee received <span style="color: #000000;"><strong><a style="color: #000000;" href="https://www.dfeh.ca.gov/shpt/">sexual harassment training</a></strong></span> from their employer.</span></span></p>
<p><span style="font-size: 14pt;"><span class="wordai-block rewrite-block enable-highlight" data-id="9"><strong>California employment laws</strong> require that employers provide <strong>training</strong> for sexual harassment prevention to employees.</span> <span class="wordai-block rewrite-block enable-highlight" data-id="5">What training does it provide to prevent sexual harassment?</span> <span class="wordai-block rewrite-block enable-highlight" data-id="24">Although the seminars provide a lot of information about the laws prohibiting sexual harassment, and the definitions that the law uses to define certain conduct, sexual harassment is still a common issue in employment law litigation.</span> <span class="wordai-block rewrite-block enable-highlight" data-id="15">These types of cases would be handled by a <span style="color: #000000;"><a style="color: #000000;" href="https://scmclaw.com/irvine-sexual-harassment-attorneys/"><strong>Sexual Harassment Lawyer</strong></a></span>.</span></span></p>
<p><span style="font-size: 14pt;">The debate currently revolves around whether training seminars are acceptable in theory. They inform employees on-site about inappropriate behavior and sometimes forget to mention that the employee has the <strong>right to file a complaint about sexual harassment</strong>. The other argument is that the information only provides a superficial understanding. The law and regulations are only as effective as the information that is recited. This can lead to lengthy legal jargon that does not connect with all employees. Simply reiterating what the law prohibits is talking to employees, not to them. Effective training is a type that will influence how employees and employers behave in a workplace. The rent update in training programs affirmed this argument.</span></p>
<p><span style="font-size: 14pt;">The <span style="color: #000000;"><strong><a style="color: #000000;" href="https://www.eeoc.gov/">United States Equal Employment Opportunity Commission</a></strong></span> (EEOC), released two types of training sessions in October 2017. One for employees and one for employers. In creating the new programs, the Commission adopted a different approach. The previous programs only spoke the law and gave legal definitions. These programs will focus on acceptable behavior rather than promoting prohibited behavior. </span></p>
<p><span style="font-size: 14pt;">Employers and employees will be able to share information about acceptable behavior to help them make better decisions in the workplace. Employers and employees will have a common understanding of acceptable behavior if they share information.</span></p>
<p><span style="font-size: 14pt;">Employers have more options to create a harassment-free workplace with the new training sessions. These training sessions can be obtained through the Commission&#8217;s training facility. The new programs do not guarantee that a workplace is free from sexual harassment, even though they are available. Employees must be informed about the laws regarding sexual harassment and their rights. Employees should also be aware of other forms of sexual harassment, such as sending nudes, gossip, and trade-offs.</span></p>
<p class="yiv8947794329MsoNormal"><span style="font-size: large;">If you ask yourself &#8220;<strong>Am I being sexually harassed at work?</strong>&#8221; or &#8220;<strong>How do you know if someone is sexually harassing you?</strong>&#8221; or you look for &#8220;<strong>signs of sexual harassment at the workplace&#8221;</strong> and you feel that you may be experiencing sexual harassment at workplace and need a consultation to know your rights, please contact a sexual harassment law firm, such as Stevens and McMillan.</span></p>
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