Sexual Harassment

Strengthening Protections: California’s New Laws on Sexual Harassment Policies in Higher Education

July 25, 2024 by Haeggquist & Eck

The fight against sexual harassment in educational institutions has reached a significant milestone in California. In response to alarming findings of widespread mishandling of sexual misconduct claims, two critical laws aimed at strengthening the sexual harassment policies across the California State University (CSU) system were enacted this month. These new regulations reflect a broader commitment to fostering safer and more supportive environments for all students, especially those from marginalized communities.

Background and Need for Change

The impetus for these legislative changes was the series of scandals that rocked the CSU system. San Jose State University (SJSU), the oldest campus in the CSU network, became a focal point of national attention when investigations revealed that the sports medicine director, Scott Shaw, had sexually harassed numerous student-athletes under his care. The fallout from this scandal was extensive, leading to resignations at the highest levels and forced the university to pay more than $5 million to over two dozen athletes Shaw had treated.

Further scrutiny from the U.S. Department of Justice and an independent investigation by an independent law firm exposed systemic failures in handling sexual misconduct complaints across the entire CSU system.

The Cozen O’Connor report, released in July 2023, painted a grim picture of inadequate responses and procedural inconsistencies that allowed many cases of sexual misconduct to go unaddressed. These findings were corroborated by a separate report from the California State Auditor, which highlighted similar issues and provided a set of recommendations for improving the university’s policies and practices.

Key Provisions of the New Laws

In response to these disturbing revelations, legislative efforts to enact stricter and more comprehensive policies were signed into law, introducing several significant changes:

AB 1790 by Assemblyman Damon Connolly: This law mandates that CSU must implement the recommendations from the State Auditor’s report by July 1, 2026. Key provisions include:

Developing standardized guidelines for all formal investigations into allegations of sexual harassment by each CSU campus and the chancellor’s office, including how to perform and structure the analysis to establish whether sexual harassment has occurred.
Developing a policy for each CSU campus and the chancellor’s office that ensures they are able to maintain a process for tracking key dates related to the timeliness of all sexual harassment cases and conducting investigations in a timely manner.
Establishing systemwide requirements for each CSU campus and the chancellor’s office to address conduct that is unprofessional but does not meet the threshold of sexual harassment.
Developing a policy to ensure current and former employees found to have engaged in sexual harassment, including those who have received less severe discipline than termination, such as suspension or demotion, are not given official positive references for employment.
Requiring that each CSU campus and the chancellor’s office use the same case management system and track data consistently in their files for each sexual harassment case.
Issuing comprehensive best practices, including how campuses should survey their communities and increase awareness of options for reporting sexual harassment for each CSU campus.
Requiring the chancellor’s office to conduct regular compliance reviews of each CSU campus to determine whether they are complying with the law, CSU policy, and best practices in regards to sexual harassment policy.

AB 2608 by Assemblyman Jesse Gabriel: This legislation expands the scope of sexual assault prevention training at CSU campuses. It includes:

Effective September 1, 2024

Each campus of the California Community Colleges and the CSU shall post educational and preventive information on sexual violence and sexual harassment on its campus internet website.
Each campus of an independent institution of higher education, a private postsecondary educational institution, and the University of California (UC) is requested to post educational and preventive information on sexual violence and sexual harassment on its campus internet website. The educational and preventive information shall include, but not limited to, all of the following:
- Common facts and myths about the causes of sexual violence and sexual harassment.
- What constitutes sexual violence and sexual harassment, including information on how to file internal administrative complaints with the institution of higher education and how to file criminal charges with local law enforcement officials.
- The availability of, and contact information for, campus and community resources for students who are victims of sexual violence and sexual harassment.
- Methods of encouraging peer support for victims and the imposition of sanctions on offenders.
- Information regarding campus, criminal, and civil consequences of committing acts of sexual violence and sexual harassment.

Effective September 1, 2026, these topics must be covered in addition to those above:

How to recognize if a person is at risk of alcohol- and drug-facilitated sexual assault, including, but not limited to, common symptoms following alcohol and drug consumption and intoxication.
Effective measures that can be taken to prevent involuntary alcohol and drug consumption and ways to respond to circumstances where a person may be involuntarily intoxicated and at risk for alcohol- and drug-facilitated sexual assault.
Common facts and myths regarding alcohol- and drug-facilitated sexual assault.
Information related to confidential support and care resources for situations that arise as a result of an act of sexual violence or sexual harassment, or both, including, but not limited to, contact information and the availability of confidential medical and transportation services, forensic examination sites, and, to the extent available, rape crisis centers on campus or within the surrounding community of the campus.

The Broader Legislative Effort

The two new laws are part of a larger 12-bill package aimed at tackling sexual harassment and discrimination in California’s higher education system. Some of the additional measures under consideration include:

Establishment of a Systemwide Office of Civil Rights: This office would oversee policies and ensure uniformity in handling sexual harassment and discrimination cases across CSU and UC campuses.
Implementation of a Title IX Office: Dedicated offices at each campus to address and prevent sexual harassment, ensuring compliance with federal Title IX regulations.
Targeting “Pass the Harasser” Policies: AB 810, proposed by Assemblywoman Laura Friedman, seeks to eliminate the practice where individuals found guilty of sexual harassment can move to other institutions without disclosure of their past misconduct. This bill requires applicants to disclose any previous findings of sexual misconduct, thereby increasing transparency and accountability in hiring practices.

Impact and Future Directions

The enactment of these laws is a crucial victory for survivors of sexual harassment and assault in the CSU system. They not only aim to rectify past injustices but also set a precedent for other educational institutions across the country. By standardizing investigation processes, enhancing training programs, and ensuring robust support systems, California is taking decisive steps towards creating a safer and more equitable academic environment.

However, the journey is far from over. The legislative pushback and ongoing resistance to comprehensive Title IX protections underscore the challenges that lie ahead. As we celebrate the 52nd anniversary of Title IX, it is essential to recognize the critical intersection of reproductive justice, gender rights, and civil liberties. The forthcoming Title IX regulations from the Biden-Harris administration, set to take effect on August 1, 2024, aim to restore and strengthen protections for students, particularly those from historically marginalized communities.

These new regulations promise a more equitable and supportive environment for all students, acknowledging the diverse experiences and unique challenges faced by LGBTQ+ individuals, pregnant and parenting students, and others whose identities intersect with multiple forms of marginalization. However, the fight to protect these regulations continues, with at least 15 states attempting to overturn them through the Congressional Review Act.

Conclusion

The signing of these new laws in California marks a pivotal moment in the ongoing effort to combat sexual harassment in higher education. By holding perpetrators accountable, supporting survivors, and fostering a culture of respect and safety, these measures provide a blueprint for other states to follow. As we move forward, it is crucial to remain vigilant and committed to upholding the highest standards of justice and support in our educational institutions. The journey towards a safer and more inclusive environment for all students is a collective responsibility, and these new laws are a testament to what can be achieved through determined advocacy and legislative action.

Schedule a Free Case Evaluation Today!

Sources:

What Percentage of Workers Experience Sexual Harassment?

June 1, 2024 by Haeggquist & Eck

Sexual harassment is a pervasive issue in workplaces across various industries, affecting a significant number of workers. This type of harassment can have detrimental effects on employees’ mental health, job satisfaction, and overall well-being.

If you face workplace sexual harassment, seek legal assistance from a sexual harassment lawyer or attorney as soon as possible to protect your rights.

SCHEDULE A FREE CASE EVALUATION

Definition of Sexual Harassment

Sexual harassment in the workplace can take on many forms. However, it typically refers to any unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature that creates a hostile or offensive work environment.

It can take different forms, including:

Unwanted sexual comments or jokes
Inappropriate touching or physical contact
Displaying sexually explicit materials
Sexual coercion or pressure
Telling sexual rumors or spreading gossip
Offensive gestures or looks

Many people do not believe sexual harassment will happen to them. However, with the high percentage of reported victims of workplace harassment, chances you might experience this conduct are, unfortunately, high.

The Prevalence of Sexual Harassment

Sexual harassment in the workplace is more common than many people realize. Studies and surveys provide valuable insights into the scope of the problem.

According to a survey by the Equal Employment Opportunity Commission (EEOC), approximately 25 to 85 percent of women reported experiencing some form of sexual harassment at work.

Factors such as varying definitions of sexual harassment, cultural differences, and fear of reporting account for the wide range in this statistic.

Furthermore, studies show that men also experience sexual harassment (about 10 to 45 percent report being subject to sexual harassment), although at a lower rate compared to women.

Keep in mind that these statistics only represent reported cases, and the actual number of workers facing sexual harassment may be much higher. Many victims choose not to report due to fear of retaliation, damage to their reputation, or lack of confidence in the legal system.

Gender Disparities in Sexual Harassment

While both men and women can experience sexual harassment, women are disproportionately affected.

Research consistently shows that women are more likely to be victims of sexual harassment in the workplace compared to men. This gender disparity can be due to various factors, including power dynamics, societal gender norms, and cultural and organizational biases.

The higher prevalence of sexual harassment towards women can have significant consequences for their career advancement. Women may face challenges in seeking promotions, obtaining equal pay, and accessing opportunities for professional growth.

The fear of encountering sexual harassment can also discourage women from pursuing specific career paths or industries where harassment is more prevalent.

Workplace Factors Contributing to Sexual Harassment

Several workplace factors contribute to sexual harassment incidents. Power dynamics play a significant role, with harassers often occupying positions of authority or influence over their victims. A culture that tolerates or promotes disrespectful behavior and harassment can perpetuate a hostile work environment.

The lack of effective policies and reporting mechanisms further exacerbates the problem. Many organizations have inadequate policies or fail to enforce existing ones, leaving victims without recourse or support.

Additionally, a lack of awareness or understanding of the legal and ethical obligations to prevent such misconduct may lead to a reluctance to address sexual harassment issues.

Legal Obligations to Address Sexual Harassment

Employers have legal obligations to prevent and address sexual harassment in the workplace. The U.S. federal law prohibits sexual harassment under Title VII of the Civil Rights Act of 1964.

Employers must maintain a work environment free from sexual harassment, initiate prompt and thorough investigations when complaints occur, and take appropriate corrective action to address the issue.

Failure to comply with these obligations can result in legal consequences for employers, including fines and penalties. Moreover, you can hold employers liable for the actions of their employees, raising the importance of fostering a workplace culture that prioritizes respect and inclusivity.

Psychological Impact of Sexual Harassment

Sexual harassment can have severe psychological consequences for victims. It can lead to anxiety, depression, and post-traumatic stress disorder. Victims may experience declining self-esteem and job satisfaction, leading to decreased productivity and professional growth.

The distress caused by sexual harassment can also spill over into personal life, affecting relationships and overall well-being.

Providing support and resources for victims is vital. Organizations should prioritize creating a safe and supportive environment where employees feel comfortable reporting incidents and seeking help.

Counseling services, employee assistance programs, and awareness campaigns can address the psychological impact of sexual harassment.

Physical Health Effects

The stress of experiencing sexual harassment can take a toll on the victim’s physical health. Physical symptoms such as headaches, gastrointestinal issues, sleep disturbances, and high blood pressure are common among those who have experienced sexual harassment.

Career Implications

Sexual harassment can adversely impact a victim’s professional life. Victims may suffer from decreased job satisfaction, diminished productivity, and disrupted career trajectories. They may even feel compelled to leave their jobs altogether, resulting in financial instability and a loss of opportunities.

Understanding the Reasons Behind Sexual Harassment

To combat sexual harassment effectively, everyone should understand the underlying reasons behind this unacceptable behavior.

Various factors contribute to the occurrence of sexual harassment in the workplace, including:

Power Imbalance: Sexual harassment often stems from an abuse of power dynamics within organizations. Perpetrators may exploit their positions of authority to engage in inappropriate behavior and exploit vulnerable employees.
Gender Stereotypes: Prevalent gender stereotypes perpetuate a culture that normalizes and enables sexual harassment. These stereotypes create an environment where victims face blame while harassers face minimal consequences.
Lack of Awareness and Training: Many organizations fail to provide comprehensive training on sexual harassment prevention and identification. This lack of awareness often leads to a normalization of inappropriate behavior and a failure to address it promptly.
Organizational Culture: Organizations with a culture that encourages or turns a blind eye to sexual harassment contribute to its prevalence. Creating a culture of respect and zero tolerance for harassment is essential in combating this issue.
Societal Factors: Societal norms and attitudes towards gender roles and sexuality also play a significant role in the occurrence of sexual harassment. Widespread beliefs that perpetuate gender inequality can contribute to an environment where harassment thrives.

Industries Prone to Sexual Harassment

While sexual harassment can occur in any workplace, certain industries have higher incidences of such behavior. Some of these industries include:

Hospitality and Service Industry

Jobs in the hospitality and service industry, such as hotels, restaurants, and bars, often involve interactions with customers or clients. This customer-facing nature can make employees more vulnerable to sexual harassment.

Healthcare Industry

In the healthcare industry, where the power dynamics between doctors, nurses, and patients are distinct, cases of sexual harassment can occur. Workers in hospitals, clinics, and long-term care facilities may face harassment from patients, colleagues, or superiors.

Education

Educational institutions, including schools, colleges, and universities, are not immune to sexual harassment. Students and staff members alike may become victims of unwanted advances, verbal abuse, or other forms of harassment.

Examples of Workplace Sexual Harassment

Sexual harassment can take various forms and occur in different scenarios. It is imperative to recognize the different manifestations of workplace sexual harassment to address and prevent them effectively. Here are some common examples:

Verbal Harassment

Verbal harassment involves unwanted comments, jokes, or innuendos of a sexual nature. It can create a hostile work environment and cause emotional distress to the victim.

Examples of verbal harassment include:

Inappropriate comments about a person’s appearance or clothing
Sexual jokes or innuendos that create an uncomfortable atmosphere
Lewd or suggestive remarks directed at an individual

Physical Harassment

Physical harassment involves unwanted physical contact or advances of a sexual nature. It can range from inappropriate touching to more severe forms of assault.

Examples of physical harassment include:

Unwanted touching, groping, or patting
Forceful hugs or kisses without consent
Blocking someone’s path or cornering them in an intimidating manner

Non-Physical Harassment

Non-physical harassment refers to actions or behaviors that are not overtly physical but still cause discomfort or harm.

It can include:

Sending sexually explicit or inappropriate emails, texts, or messages
Displaying explicit materials or content in the workplace
Making derogatory or offensive comments about someone’s gender or sexual orientation

Quid Pro Quo Harassment

Quid pro quo harassment occurs when someone with power or authority in the workplace demands sexual favors in exchange for job benefits or advancement. It creates a highly coercive and abusive environment.

Examples of quid pro quo harassment include:

A supervisor promising a promotion in exchange for a sexual relationship
Threatening retaliation or job loss if an employee refuses sexual advances
Conditioning job benefits or opportunities for engaging in sexual activities

Steps to Take if You Face Workplace Sexual Harassment

Experiencing workplace sexual harassment can be incredibly distressing. Here are some vital steps to take if you find yourself in such a situation:

Document the Incidents

Keep a record of all incidents, including dates, times, locations, and the people involved. Document any witnesses who may have observed the harassment. Save memos, letters, emails, or other documentation that might be evidence.

Maintaining a detailed log can provide substantial evidence if you decide to take legal action.

Talk to a Trusted Colleague or Supervisor

Reach out to a trusted colleague or supervisor who can offer support and guidance. Choosing someone who will take your concerns seriously and help you navigate the appropriate channels is important.

Review Workplace Policies

Familiarize yourself with your company’s policies and procedures regarding sexual harassment. Understand the reporting process and the steps to address your complaint.

File a Formal Complaint

If informal measures do not resolve the issue, consider filing a formal complaint with your employer’s human resources department. Provide them with all the relevant details and evidence you have collected.

Consult a Sexual Harassment Lawyer

If your situation remains unresolved or if you face retaliation after reporting the harassment, it may be necessary to consult a sexual harassment lawyer. They can provide legal advice, support, and guidance throughout the process.

Why You Should Consult a Sexual Harassment Lawyer or Attorney

If you have experienced sexual harassment in the workplace, consulting a sexual harassment lawyer or attorney is in your best interest to protect your rights and seek justice.

Here are some reasons why you need legal assistance:

Experienced Guidance: Sexual harassment lawyers or attorneys have experience in this area of law. They will be with you every step of the process, protecting your rights and providing invaluable support during this challenging time.
Legal Options: A skilled lawyer or attorney will assess your case and inform you about your available legal options. They will explain the potential outcomes and advise on the best course of action.
Evidence Collection: Gathering and preserving evidence is crucial in proving your case. A sexual harassment lawyer or attorney can collect and organize evidence such as emails, text messages, witness statements, or any other relevant documentation.
Negotiation and Settlement: If possible, your lawyer or attorney can negotiate with the opposing party to reach a fair settlement. They will work diligently to secure a resolution that both compensates you for the harm suffered and holds the perpetrator or the organization accountable.
Litigation Support: In cases where negotiation fails, your sexual harassment lawyer or attorney will provide vigorous representation in court. They will prepare your case for court, present it effectively, and ultimately fight for the justice you deserve.

Seek Legal Assistance Today

Take a stand against sexual harassment and protect your rights by securing representation by an experienced employment attorney. They are dedicated to helping victims of sexual harassment through the often confusing legal process and obtain the justice they deserve.

Remember, you are not alone, and legal support is available to address the traumatic effects of sexual harassment in the workplace. If you have experienced sexual harassment in the workplace, don’t hesitate to take immediate action and seek legal help.

Strengthening California’s Historic Rape Shield Law: How SB 1386 Heightens Protections for Rape and Sexual Assault Survivors

May 22, 2024 by Reports

California has always been at the forefront of protecting the rights of sexual assault survivors, and the introduction of Senate Bill 1386 (SB 1386) is a significant step forward. This new legislation aims to strengthen the California’s historic rape shield law, providing even greater legal protections for survivors of rape and sexual assault so they can feel safe in pursuing justice and accountability.

Understanding California’s Rape Shield Law

Before diving into SB 1386, it’s essential to understand the foundation it builds upon. California’s rape shield law, initially enacted in 1985 to protect survivors from invasive and irrelevant inquiries about their sexual history, has been a critical tool in ensuring fair treatment during legal proceedings. This law prohibits the introduction of evidence regarding the victim’s past sexual behavior, unless it is directly relevant to the case at hand. The goal is to prevent victim-blaming and focus on the accused’s actions rather than the victim’s past.

The Introduction of SB 1386

SB 1386, introduced by Anna Caballero, aims to close existing gaps and strengthen these protections further. This bill addresses several key areas to enhance the support and privacy of sexual assault survivors during legal processes.

Key Provisions of SB 1386

Expanding Privacy Protections: SB 1386 broadens the scope of privacy protections for survivors by limiting the disclosure of personal information. This includes not only their sexual history but also details about their mental health, medical history, and other personal records that are irrelevant to the case.

Strengthening Confidentiality: The bill reinforces the confidentiality of communications between survivors and their advocates, ensuring that conversations with sexual assault counselors and support organizations remain private. This encourages survivors to seek help without fear of their personal information being exposed in court.

Enhancing Legal Support: SB 1386 mandates additional legal support for survivors, including the provision of court-appointed attorneys to represent their interests during specific hearings. This ensures that survivors have a dedicated legal advocate to protect their rights and navigate the complexities of the judicial system.

Tighter Controls on Evidence Admission: The bill imposes stricter requirements for admitting evidence related to the victim’s past sexual behavior. Prosecutors and defense attorneys must demonstrate that such evidence is directly relevant and necessary for the case, significantly limiting its use in court.

Increased Penalties for Violations: To enforce these protections, SB 1386 introduces tougher penalties for any violations of the rape shield provisions. This serves as a deterrent against the misuse of personal information and ensures that those who breach these protections are held accountable.

The Impact on Survivors and the Legal System

The enhancements introduced by SB 1386 have profound implications for survivors of rape and sexual assault:

Empowerment and Confidence: By ensuring greater privacy and legal support, SB 1386 empowers survivors to come forward and seek justice without the fear of being re-victimized by the legal system.

Fairer Trials: Stricter controls on evidence admission ensure that trials remain focused on the perpetrator’s actions, leading to fairer outcomes for survivors.

Encouraging Reporting: With strengthened protections, more survivors may feel encouraged to report assaults, knowing that their privacy will be respected, and their rights safeguarded.

Conclusion

Senate Bill 1386 marks a significant advancement in California’s commitment to protecting the rights and dignity of rape and sexual assault survivors. By closing gaps in the existing rape shield law and introducing new safeguards, this legislation ensures that survivors receive the support and privacy they deserve during one of the most challenging times of their lives. As we continue to advocate for survivors’ rights, SB 1386 stands as a testament to California’s dedication to creating a more just and compassionate legal system.

If you or someone you know is a survivor of sexual assault, remember that you are not alone. There are resources and advocates ready to support you. Your courage in seeking help and justice is a powerful step towards healing and change. When you’re ready to stand up, we will stand with you.

Mental Health for Survivors of Workplace Sexual Harassment

May 3, 2024 by Christy Heiskala

Sexual harassment in the workplace is a traumatic experience that can have profound and lasting impacts on a survivor’s mental health. The road to recovery is often challenging, involving the navigation of both psychological and legal complexities. Haeggquist & Eck attorneys understands that recognizing and addressing the mental health repercussions for survivors is not just a necessity—it is a duty for employers and communities alike.

The Psychological Impact of Sexual Harassment

Sexual harassment in a professional environment can significantly disrupt a person’s sense of safety and well-being. Survivors may experience a range of mental health issues, including stress, anxiety, depression, and post-traumatic stress disorder (PTSD). These conditions can hinder their ability to function in daily life and perform effectively at work. The stigma associated with mental health, particularly within the context of sexual harassment, often discourages survivors from seeking the help they need.

Legal Protections and Rights

In California, the Fair Employment and Housing Act (FEHA) provides robust protections against sexual harassment and discrimination in the workplace. Under this legislation, survivors have the right to a safe working environment free from harassment, and employers are required to take immediate and appropriate action when harassment is reported.

Furthermore, survivors with mental health conditions that qualify as disabilities are entitled to reasonable accommodations under both the FEHA and the Americans with Disabilities Act (ADA). This can include modifications to their work schedule, access to mental health support services, and adjustments to their work environment to help manage their mental health.

Workplace Accommodations for Survivors

Employers must ensure that their workplace is supportive and accommodating to survivors of sexual harassment. This involves more than just adhering to legal requirements—it’s about fostering a culture that promotes mental health awareness and support. Reasonable accommodations might include offering flexible working hours, providing a private and comfortable space for breaks, or permitting telecommuting where possible.

Encouraging a Speak-Up Culture

To truly support survivors, a shift towards a speak-up culture in the workplace is necessary. This means not only encouraging survivors to come forward with their experiences but also ensuring they are met with support and understanding when they do. Training programs on sexual harassment and mental health should be mandatory, helping to educate all employees on the importance of a respectful and inclusive workplace.

Support Systems and Resources

Survivors should be encouraged to access professional mental health services. Counseling and therapy can play a critical role in the recovery process, helping survivors to work through their experiences and develop coping strategies. Employers can assist by providing information about employee assistance programs (EAPs) and local mental health resources.

Additionally, creating a workplace peer support group can give survivors a safe space to share their experiences and recovery journeys with others who understand what they are going through.

The journey of recovery for survivors of workplace sexual harassment is deeply personal and often fraught with challenges. By understanding the mental health impacts, enforcing legal protections, providing appropriate accommodations, and fostering a supportive work environment, employers can play a crucial role in aiding the healing process. It’s about building a workplace where everyone feels safe, respected, and valued.

Survivors of workplace sexual harassment deserve not just legal protection but compassionate support to overcome the mental health challenges they face. Our approach to handling these sensitive issues can make a profound difference in their recovery and in building a healthier, more inclusive workplace culture.

Supporting Mental Health for Survivors of Sexual Assault Beyond the Workplace

While much of our focus has been on the workplace, it’s crucial to recognize that the mental health impacts of sexual assault extend into all areas of life. Survivors of sexual assault, whether the incident occurred inside or outside of work, face similar challenges and require support to navigate the aftermath of such traumatic experiences.

Understanding the Broader Impacts of Sexual Assault

Sexual assault can leave deep psychological scars. Survivors might experience severe anxiety, depression, PTSD, and other stress-related disorders. These impacts can disrupt their personal and professional lives, affecting relationships, work performance, and overall quality of life. The path to recovery varies for each survivor, but understanding and support from the community are universally crucial.

Legal Resources and Rights

Survivors of sexual assault have specific legal rights that can provide protection and pathways to justice. In California, for instance, survivors can seek protection orders against their assailants, and they may have the right to compensation for damages such as medical expenses, lost wages, and pain and suffering. It’s essential for survivors to be aware of these rights and to seek legal counsel to navigate the complex legal landscape effectively.

Encouraging Empathy and Understanding

It’s important for friends, family members, and colleagues of survivors to educate themselves about the realities of sexual assault and its effects. Empathy and understanding are crucial in helping survivors feel supported and not isolated. Simple gestures, like listening without judgment or offering to accompany them to appointments or meetings, can make a significant difference in a survivor’s recovery process.

Our Managing Partner Shares Her Personal Story

Inspired by the survivors Haeggquist & Eck has represented, Alreen Haeggquist wrote the best-selling book Fired Up | Fueling Triumph from Trauma. Alreen shares her personal story of sexual abuse and her path to healing. She includes many ways for survivors to take care of their mental health.

Conclusion

Survivors of sexual assault, whether the incident occurred within or outside the workplace, deserve unwavering support and understanding as they navigate their recovery. By providing access to legal assistance, mental health care, community support, and educational resources, we can help empower survivors and facilitate a healing environment that respects their needs and dignity.

The responsibility to support survivors extends beyond individual interactions; it requires a collective effort to foster a compassionate and informed society. Let’s commit to being part of that supportive network, offering hope and healing to those who have endured these profound challenges.

If you or someone you know has been sexually assaulted or harassed, here is a list of mental health resources. If you would like a free case evaluation to see if you can take legal action, give us a call. Your call is confidential and you are under no obligation to proceed with a lawsuit.

Recognizing Denim Day: A Stand Against Sexual Violence

April 23, 2024 by Christy Heiskala

The Origins of Denim Day

Denim Day has its roots in a troubling 1998 Italian Supreme Court decision, which overturned a rape conviction because the victim wore tight jeans. The judges concluded that the jeans were so tight that the victim must have helped remove them, implying consent. This decision sparked immediate and widespread outrage. The following day, the women in the Italian Parliament came to work wearing jeans in solidarity with the victim and in protest against the court’s decision. This act of defiance launched the annual Denim Day, which has been recognized globally ever since.

Why Denim Day Matters

Denim Day serves as an annual reminder of the critical work still needed to combat victim-blaming and to support survivors of sexual assault. It highlights a pervasive culture that too often allows the clothes a person wears to be used as an excuse for sexual harassment and assault. By participating in Denim Day, individuals, organizations, and communities make a collective statement that there is no excuse and never an invitation to sexually harass or assault.

For law firms like ours, which represent survivors of sexual assault, Denim Day is particularly significant. It provides an opportunity to reinforce our commitment to supporting survivors, advocating for their rights, and working tirelessly to secure justice on their behalf. It’s a day to educate the public about the impact of sexual violence and to challenge the misconceptions that often surround these crimes.

The Haggquist & Eck Team Gets Results

We get you the results you need and provide legal advice through the whole court process. Don’t be unprepared when you could have one of the best legal teams out there to assist you. Reach out to us today to get your case evaluation.

SCHEDULE A FREE CASE EVALUATION

The Legal Perspective

From a legal standpoint, Denim Day underscores the importance of understanding consent and the need to continually fight against the misconceptions that lead to victim-blaming in courtrooms. As attorneys, it is our duty to ensure that survivors feel heard, respected, and believed. We strive to create a legal environment where survivors can come forward without fear of judgment based on their appearance or any other superficial factors.

Supporting Survivors

Beyond legal advocacy, recognizing Denim Day is about standing with survivors. It’s about creating spaces where their stories are heard and validated. It’s also an opportunity to provide resources and support for those affected by sexual violence. We encourage everyone to educate themselves and others about these issues, to volunteer their time and resources to local support groups and crisis centers, and to advocate for policies that protect survivors and hold perpetrators accountable.

Conclusion

Denim Day is not just about remembering a misguided court ruling; it’s about continuously pushing for changes in how society views and handles cases of sexual assault. As we mark this day, let us renew our commitment to fight for a world where no individual ever has to fear that their words, their actions, or their clothing could be used against them in their most vulnerable moments. Let us wear denim, not just as a symbol, but as a promise to support and believe survivors, challenge harmful stereotypes, and work towards true justice.

Is It Discrimination If My Employer Doesn’t Use My Preferred Pronouns?

For anyone affected by sexual violence seeking help, please reach out to us. We, at Haeggquist & Eck, are here to fight for you, to advocate for your rights, and to support you through every step of your journey towards healing and justice.

What Do I Do if I See Sexual Harassment at Work?

September 25, 2023 by Haeggquist & Eck

When we discuss sexual harassment at work, you might first imagine someone harassing you. However, even if someone finds themselves facing harassment, it can still harm you and your employment.

You want to work in an environment free from harassment, so you might want to take action to stop someone else from experiencing this distressing conduct. But how do you do that? What steps can you take to help your fellow employees and the workplace in general?

If you are in this position, never hesitate to consult a sexual harassment attorney in San Diego immediately about your situation and legal options.

Schedule a Free Case Evaluation Today!

Who Can Face Workplace Sexual Harassment?

Workplace sexual harassment is an insidious issue affecting employees across a wide spectrum of professions, backgrounds, genders, and roles. No one is immune to workplace sexual harassment, as it transcends demographic boundaries and can manifest in many ways.

Anyone who works, regardless of their position, gender, or background, can find themselves subjected to this harmful and unlawful behavior.

Victims of workplace sexual harassment in your workplace might include:

Employees

Both men and women in various job positions and industries can experience sexual harassment. Anyone from entry-level workers to executives can face inappropriate comments, unwanted advances, or offensive behavior.

Supervisors and managers

Individuals in positions of authority can also fall victim to workplace sexual harassment. Colleagues or subordinates may engage in unwelcome behaviors that create a hostile work environment or affect their professional standing.

Contractors and freelancers

Even individuals who work as contractors, freelancers, or temporary workers are not exempt from workplace sexual harassment. They can face similar harassment from colleagues, clients, or others they interact with on the job.

LGBTQ+ individuals

Sexual harassment is not limited to traditional gender dynamics. LGBTQ+ individuals may experience harassment based on their sexual orientation, gender identity, or expression.

Transgender individuals

Transgender employee can face specific forms of sexual harassment that target their identity or transition status. Such harassment may include misgendering, derogatory comments, and offensive behavior.

Individuals of any gender

While many people commonly assume only women are victims of sexual harassment, men can also experience unwanted advances, comments, or behavior that constitutes sexual harassment.

People of all backgrounds

Workplace sexual harassment does not discriminate based on race, ethnicity, religion, or national origin. Individuals from diverse backgrounds can all experience inappropriate behavior that crosses these lines.

Young and older workers

Age does not deter workplace sexual harassment. Both young and older workers can face harassment.

Workplace sexual harassment is often about power dynamics and inappropriate behavior, not the victim’s identity or characteristics. Addressing this issue can maintain the integrity of a work environment.

If you believe you witnessed sexual harassment against anyone in your workplace, consult a legal professional now.

What Sexual Harassment Looks Like in the Workplace

Sexual harassment in the workplace can range from subtle comments to overt actions that create an uncomfortable, hostile, or intimidating environment for individuals. Recognizing the different manifestations of sexual harassment can help prevent and address this pervasive issue.

Below are some common ways sexual harassment can manifest in the workplace.

Verbal Harassment

Verbal sexual harassment involves unwelcome comments, jokes, or remarks of a sexual nature. This can include making explicit remarks about a person’s appearance, body, clothing, or sexual activities. Such comments can humiliate and degrade someone and create an uncomfortable atmosphere.

Sexual Advances

Unwanted sexual advances or propositions constitute harassment. This includes pressuring someone for dates, sexual favors, or engaging in inappropriate discussions about personal relationships or sexual experiences.

Innuendos and Insults

Using suggestive language, double entendres, or sexual innuendos to insult or belittle someone constitutes sexual harassment. Perpetrators can mask these comments as jokes but aim them to demean someone and create a hostile environment.

Sexual Comments or Questions

Asking intrusive questions about someone’s personal or sexual life, making comments about their body or clothing, or discussing explicit topics in a professional setting constitutes sexual harassment.

Displaying Inappropriate Materials

Sharing or displaying sexually explicit images, videos, or materials in the workplace, whether in person or through digital means, can create a hostile environment and constitutes sexual harassment.

Unwanted Touching or Physical Contact

Any unwanted physical contact, such as touching, hugging, kissing, or brushing against someone without their consent constitutes sexual harassment. Even seemingly innocent actions can constitute harassment if they make the recipient uncomfortable.

Sexual Intimidation

Using threats, blackmail, or other forms of intimidation to coerce someone into engaging in unwanted sexual behavior is a severe form of sexual harassment. Harassment often comes from a manager, boss, or someone with the authority to take adverse action against an employee or provide additional career benefits.

Online Harassment

With the rise of digital communication, online sexual harassment has become prevalent. Sending explicit messages, sharing inappropriate content, or engaging in cyberbullying of a sexual nature can create a hostile virtual environment.

Hostile Work Environments Affect Everyone

A hostile work environment develops when the cumulative effect of unwelcome sexual comments, behavior, or imagery makes the workplace intimidating, offensive, or uncomfortable. You might think harassment creates a hostile work environment for a victim when, in reality, it can exist for anyone who witnesses or knows about the persisting harassment.

You do not have to work in a hostile environment due to sexual harassment against anyone. If you are uncomfortable with the unlawful conduct you witness at work, you may take action to eliminate the hostility for yourself and everyone around you.

What to Do if You Witness Sexual Harassment at Work

Witnessing sexual harassment in the workplace can be distressing and confusing. Take the right steps to address the situation not only for the victim’s well-being but also to promote a safe and respectful work environment.

If you witness sexual harassment at work, here’s what you can do:

Stay calm and observant – If you witness an incident of sexual harassment, remain composed. Pay close attention to the details of what you see or hear, including the individuals involved, the location, the context, and any relevant comments or actions. This information will help if you or the victim decides to report the incident.
Assess the situation – Determine whether the behavior you’re witnessing is indeed sexual harassment. Sexual harassment encompasses a range of behaviors, as mentioned earlier. Assess if the actions or comments are unwelcome, create an uncomfortable or hostile environment, and involve inappropriate behavior of a sexual nature.
Prioritize safety – If the situation appears to escalate or become confrontational, prioritize safety. Find a way to intervene or remove yourself and others from the situation if necessary.
Support the victim – If you witness sexual harassment and feel comfortable doing so, offer support to the victim. Approach them privately and express your concern. Tell them you’re there to listen, offer assistance, and support their decisions. Avoid blaming or pressuring the victim to take immediate action.
Document the incident – Write down a detailed account of what you witnessed as soon as possible after the incident. Include information about the individuals involved, the date, time, location, actions, and any statements made. Documenting the incident can help if the victim decides to report it.
Encourage reporting – If the victim is comfortable and willing, encourage them to contact a sexual harassment lawyer. Explain the importance of reporting and the potential impact on the work environment.
Consider reporting the incident yourself – If the victim won’t report the incident themselves or is too intimidated, yet you believe that the behavior warrants intervention, you can report the incident on their behalf. Talk to a lawyer about how to best follow your organization’s policies and procedures and for guidance on how to file a report as a witness. Be ready to share your observations, documentation, and any relevant details.
Maintain confidentiality – If the victim decides to report the incident, or if you report it on their behalf, maintain confidentiality as much as possible. Sharing details without the victim’s consent can further harm their well-being and potentially compromise the investigation.
Cooperate with investigations – If your organization investigates the incident, cooperate fully. Share your observations, provide any documentation you created, and participate in interviews if requested. Your insights can shed light on the context and severity of the harassment.

Addressing sexual harassment is a collective responsibility, so the victim is not the only one who can report concerns to your employer or the authorities when appropriate.

Can Your Employer Retaliate Against You for Reporting Sexual Harassment?

Many employees hesitate to report sexual harassment against them or others for fear of retaliation by an employer. Fortunately, an employer cannot legally retaliate against an employee for reporting sexual harassment in the workplace, even if they are not the direct target of harassment.

Retaliation happens when an employer takes adverse actions against an employee as a response to their engagement in a legally protected activity, such as reporting harassment or participating in an investigation. Retaliation can happen against victims of harassment or anyone who lodges an informal or formal sexual harassment complaint.

Retaliation can come in various forms, including demotion, termination, reduced hours, unfavorable assignments, harassment, or creating a hostile work environment toward you. Even though such conduct is illegal, your employer might still do it if you report sexual harassment. This can affect your finances, career, and emotional and mental well-being.

If you believe your employer retaliated against you because you reported sexual harassment, you need legal representation from an employment lawyer immediately.

What Can You Do Now?

If you believe you witnessed sexual harassment at work and feel safe and appropriate reporting the matter, follow your employer’s procedures. Hopefully, they will take the steps to resolve the problem so you can continue to work in a harassment-free environment.

However, if you feel uncomfortable reporting the harassment or don’t know if the conduct was sexual harassment, seek legal advice from an experienced employment attorney who can guide you through the process and help you understand your rights.

An experienced employment lawyer will assess what you witnessed and advise whether it constitutes unlawful sexual harassment. They can evaluate your employment situation and determine the best course of action to report the harassment.

If internal channels fail to resolve the issue, your lawyer might suggest filing a complaint with relevant government agencies, such as the Equal Employment Opportunity Commission (EEOC ) or a state agency. These agencies can intervene and ensure your employer complies with all relevant employment and anti-harassment laws.

Keep records of any adverse actions your employer takes against you, even if you don’t know if they stem from your complaints or cooperation with investigations. Maintain records of communications related to the harassment or retaliation, including documentation of the initial harassment report.

Alreen Haeggquist, San Diego Employment Lawyer

If you think your employer violated your rights by failing to stop harassment or retaliating against you, act quickly to seek legal representation. Employment claims often have time limits for filing, so take action promptly if you believe you experienced unlawful conduct at work.

This is never an easy position to be in, but you are doing the right thing by standing up against sexual harassment. When you witness this conduct, you do not have to look the other way. You can file complaints and reports, help with investigations, and take action to protect your employment environment. There is legal support from an experienced San Diego employment lawyer when you need it.

Call Us 619-342-8000

We Stand For JUSTICE,

that means we…

Stay

CONNECTED

Call Us Now For Your Free,
No-Obligation Case Evaluation

Call Us 619-342-8000