A Cause for Action for ‘Serious and Pervasive’ Harassment
When the statements are made repeatedly, the targeted employee may have a strong case against the employer for severe or pervasive sexual harassment that has resulted in a reasonable fear or inability to go to work. Sexual or gender-based bullying may include comments about the person’s appearance, dress, mannerisms, sexual tastes, or sexual preference.
Your employer has the responsibility to create an environment free of this type of harassment by establishing clearly articulated anti-harassment policies and creating an internal system for dealing with complaints. Anyone who is offended by the repeated remarks, whether he or she is the target of the harassment or is another employee who is exposed to the ongoing sexually demeaning language, can make a complaint.
California Is the Leader in Protecting Employees from Sexual Discrimination
California leads the nation in protecting its workers from harassment through unwanted and repeated verbal comments on the job. It is a fundamental human right to be able to work for a living, and if the behavior of others effectively prevents you from doing your job, you may be able to recover damages for lost wages and psychological distress.
California’s Fair Employment and Housing Act offers more protection to employees than comparable federal legislation with a less burdensome burden of proof and none of the damage caps that federal protections contain. It also allows up to a year from the last occurrence of the harassment to file suit (as opposed to 180 days under federal laws).
Haeggquist & Eck, LLP Can Advocate for You
If your job has become unbearable because of constant put-downs, insults, and inappropriate comments based on your gender, gender identity, sexual preference, or any other sex-related characteristic, your first step is to demand that the harasser stop the behavior. If this doesn’t work, check your employee handbook for your company’s complaint procedure. If there is none, report it to your human resources department.
If this doesn’t produce results or if you are subjected to additional harassment as retaliation for your objections, consult an inappropriate and unwanted statements attorney in San Diego like ours at Haeggquist & Eck, LLP for help.
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