Sexual Harassment

Experiencing any kind of mistreatment at work can make one feel unsafe and devalued, and sexual harassment is no exception. Your company is legally obligated to prevent sexual harassment against employees and take steps to protect you from future abuse should you become a victim.

Your company may even have its own policies that go beyond the law, outlining how and to whom to report instances of sexual harasssment and what happens as a result. Despite laws and policies, however, an everyday reality for many people who experience sexual harassment at work is not being sure who they can turn to for help. Your company policy might direct you to report the issue to a supervisor or human resources (HR), but are the people who are tasked with managing conflict at work really on your side?

When It’s in the Company’s Best Interest

Because companies and their HR departments are made up of people with their own values and notions of justice thrown in to mix, it’s hard to paint all them all in a single shade of grey. That said, it would be fair to say that your company’s HR department has a vested interest in protecting the company. That means HR’s willingness to stick up for you when you report sexual harassment could come down to how well you could substantiate your claim in a lawsuit against the company.

It might sound a little cynical – especially for people with careers in HR who do want to help victims – but whether or not HR is on your side depends on the reality of whether it’s in the company’s best interest to be.

To compound matters, how seriously HR responds to sexual harassment reports can vary from company to company despite laws protecting employees. Also, as may be the case for smaller businesses, “HR” might not exist beyond a company owner or manager who wears that hat among many others – which can make reporting sexual harassment even more problematic if this person is the abuser or directly subordinate to them in another capacity.

That said, many companies have robust HR practices and policies that can react quickly to investigate reports and deliver solutions based upon their findings. The trouble with even this, however, is that offending employees may not be immediately removed from the workplace and left to target their victim in other ways or find a new individual to harass.

A similar result can occur when an HR investigation fails to corroborate a victim’s claims, leaving management free to drop the issue without taking action. In an even worse scenario, reporting to HR can cause a company to unlawfully target the victim for other kinds of unlawful mistreatment like discrimination or retaliation.

An Employment Lawyer Is Always on Your Side

Because of HR’s interest in protecting a company, it has an inherently dubious quality to it when it comes to handling sexual misconduct at work. If your company believes your claim could end up in costly litigation, HR might be more than willing to bend over backwards to help. If your claims are inconvenient for the company, they may be ignored or even result in other forms of mistreatment.

Whenever you experience sexual harassment at work, however, an employment law attorney is always on your side. At Haeggquist & Eck, LLP, we’ve advocated for employees who’ve experienced many kinds of mistreatment at work, sexual harassment chief among them. Whenever you experience something illegal happening to you at work, you can turn to our attorneys to help you work through your claim and get the best possible result.

Turning to an attorney first doesn’t mean you shouldn’t also follow your company’s policies for reporting sexual harassment. The best course of action, though, is to take advantage of a free consultation with our attorneys to discuss your specific situation and learn about which steps you should take next.

For more information about how Haeggquist & Eck, LLP can help, reach out to us online or call (619) 342-8000.

Millions of Americans make their living mostly or entirely through remote work. Whether this means working from home or on the go, it’s a fact of life for many that they’ll almost never need to set foot into their employer’s office.

Despite a lack of physical proximity to coworkers and supervisors, however, misconduct such as sexual harassment can still harm employees. It’s a fact most don’t consider until the offender’s intentions become clear or an event is so abrasively apparent that it makes an employee feel unsafe even in his or her own home. Let’s examine what entails sexual harassment for workers under any circumstance and how they might apply to situations where an employee is working remotely.

What Is Sexual Harassment?

As a matter of law, sexual harassment is any unwelcome conduct of a sexual nature that can occur as an isolated incident or be so frequent or pervasive that it creates a hostile work environment. Physical examples of sexual harassment are rather obvious to many: unwanted touching such as grabbing, kissing, fondling, sexual assault, and other actions that involve any part of the offender’s body coming in contact with the survivor.

Because one is working remotely, it’s possible that he or she is experiencing none of these physical acts of sexual harassment. That, however, doesn’t mean it’s not taking place. There are plenty – if not more – ways a person can engage in acts of sexual harassment without ever touching the survivor.

Non-Physical Sexual Harassment Can Occur Anywhere

Whether it’s in the office or several time zones away, various forms of non-physical sexual harassment can occur without regard for physical proximity to the survivor.

Acts such as these can constitute sexual harassment:

• Comments of any kind made in an email, instant message, text, or verbally over the phone about a person’s appearance or body as well as their real or perceived sexual activity (even if the recipient is not the subject of such comments)
• Sexually explicit comments or jokes, even if made in passing or without a direct recipient
• Requesting sexual favors, be they physical or non-physical (such as sending suggestive photographs and communications)
• Sending sexually explicit or offensive images, including photographs, videos, drawings, etc.
• Cyberstalking and other attempts to invade one’s privacy online

These are not the only ways someone may experience sexual harassment. As with most employment law violations, there may be unique situations that seem to fall into a gray area where it’s difficult if something crossed the line into sexual harassment. An employment law attorney can help you by learning about your situation and providing advice on how you can move forward.

Quid Pro Quo & Working From Home

When someone asks for a sexual favor in exchange for an employment perk (or to prevent adverse actions like firing) is known is quid pro quo sexual harassment. Latin for “this for that.” Quid pro quo is particularly pernicious because it involves a great deal of manipulation upon the receiving party.

While a sexual favor in this context would mean a physical sex act in most cases, remote workers could be survivors of this form of abuse, too. Requesting suggestive photographs or videos in exchange for a raise or career advancement may be enough to satisfy a quid pro quo sexual harassment claim. Even requesting explicit text-based conversations or verbal ones over the phone in exchange for similar employment-related matters could qualify.

Get a Lawyer To Help You With Your Claim

If you’re working remotely and believe you are a survivor of sexual harassment from a coworker, supervisor, or another individual associated with your employer, reach out to Haeggquist & Eck, LLP for help. We are an employment law firm whose attorneys are highly experienced at handling employment law violations of all kinds. We often see sexual harassment cases come through our doors, and we have the experience and skill necessary to help you get the best possible result.

If you need legal assistance, take advantage of a free consultation with one of our attorneys. Contact Haeggquist & Eck, LLP online or call (619) 342-8000 to request a complimentary consultation today.

For decades, gender equality laws in California moved at a funeral pace. But in 2017, #MeToo lit a fire behind these movements, prompting swift response from State and Federal legislatures. Now, two years later, education about sexual harassment is mandatory, the bars for harassment claims are lowered, and institutions are taking aim against gender hierarchies. In 2019, the law is starting to catch up to the national recognition of equality.

Perhaps the most impactful California legislation to arise from the #MeToo movement is Senate Bill 1300, codified in Government Code Secs. 12964.5 and 12923. Prior to SB 1300, the law suggested a single act of harassment may not be sufficiently “severe” to meet the “severe or pervasive” standard required for a California sexual harassment claim. Thus, a judge could summarily adjudicate (throw out) a case if there was only one act of harassment, especially if that act did not involve sexual touching. Now, SB 1300 clarifies that a single incident of harassing conduct is enough to create a triable issue of fact for a hostile work environment claim if “the harassing conduct has unreasonably interfered with the plaintiff’s work performance or created an intimidating, hostile, or offensive working environment.” SB 1300 also includes a safety net for sexual harassment claims, clarifying that harassment cases “are rarely appropriate for disposition on summary judgment.” In other words, sexual harassment, even just once, should go to a jury to decide.

Prior to SB 1300, California law was unclear whether statements made by non-decision makers, or “stray remarks,” were admissible to show intent in a sexual harassment or discrimination case. Today, Government Code 12923(c) provides that a hostile work environment claim, “… depends on the totality of the circumstances and a discriminatory remark, even if not made directly in the context of an employment decision or uttered by a nondecisionmaker, may be relevant, circumstantial evidence of discrimination.”

In 2006, the California Supreme Court opined in Lyle v. Warner Brothers Television Productions, that writers for the sitcom “Friends” could make sexual comments while writing the sexually-themed comedy show. However, employers used this narrow decision to argue other workplaces should also be allowed to engage in this sexual banter. But SB 1300 shot down the employer’s broad argument and stated the legal standard for sexual harassment “should not vary by workplace.” Instead, the California Legislature narrowed the Lyle holding by limiting the “nature of the workplace” defense to whether that type of sexual commentary is “integral to the performance of job duties.”

What does this mean for the harassment victim? The California Legislature has effectively removed many obstacles in a sexual harassment victim’s trek to a jury trial. These cases are extremely factual and rely heavily on witness credibility, and it should ultimately be up to the trier of fact to weigh this evidence.

If you believe you have been sexually harassed at work, you may have a case against your employer. For more information about your rights, and a free case evaluation, please contact us online or call us at (619) 342-8000

[Govt. Code 12923(b).

Lyle v. Warner Brothers Television Productions, 38 Cal. 4th 264, 286-294 (2006).

On February 14, 2016, the day of romance is bestowed upon us. While the precise origins of Valentine’s Day, also known as Saint Valentine’s Day, remain murky, February 14 has become synonymous with romantic love.  The day is celebrated with the exchange of candy, flowers, gifts and cards between loved ones.

While love is in the air and love should be celebrated, when cupid makes an appearance in the office it can quickly translate into awkwardness, unprofessionalism, and even unlawful harassment and discrimination.

As Valentine’s Day approaches, it would be wise to think twice before using the day as an excuse to be a little more forward with a co-worker or more open about your love life.  For example, in Johnson v. West, a supervisor’s Valentine’s Day card that expressed the supervisor’s love for a subordinate employee, signed “Happy Valentine’s Day, Sweetheart,” was the straw that broke the camel’s back that culminated into a sexual harassment lawsuit by the employee against the supervisor and employer.  Below is a list of do’s and don’ts to keep things joyous, yet professional.

The Don’ts

Do not give gifts to one coworker and not others.  Singling out a select employee (or select group of employees) can turn out disastrous with missed expectations, misunderstandings, and hurt feelings.  If you are giving something to one, give it to all, or else the question of favoritism or unfair treatment is likely to make an appearance.  When the question of unfair treatment is raised, particularly when the gifts or treatment are associated with a day of romance, the basis of the unfair treatment is much more easily tied to a legally protected characteristic, such as gender or sex.  This in turn can equate to legal problems.

Do not give co-workers expensive or inappropriate gifts. This is particularly problematic when supervisors purchase expensive or inappropriate gifts for subordinates. Giving extravagant gifts can be viewed in a many different ways, including the not so good ways associated with sexual favoritism.

Valentine’s Day is not a justification for inappropriate behavior.  While Valentine’s Day should be celebrated, do not be over-zealous in your celebrating.  Being overly affectionate with co-workers may not only make them uncomfortable, but it could be viewed as flirting and, depending on the nature of the conduct, it could constitute harassment.

Do not allow your emotions to openly run wild. Valentine’s Day does not grant you a free license to express your emotions or opinions about your relationship or the relationships of others. Nor does the day give you free reign to act on the emotional attraction toward someone you may have had pent up inside you for the last year. Such conduct, while in appropriate cases could be welcomed, could be received as anything from inappropriate to harassment.

Do not share the details of your love life with co-workers.  As with the other “no no’s”, Valentine’s Day does not open the door to sharing the spicy details of your love life with co-workers. Even if you are close with your co-workers, the office is not the appropriate place to be discussing such details.

The Do’s

Do wish your co-workers a happy Valentine’s Day. Valentine’s Day has become of a day of celebration of love and sharing your love for those around you and for the work you do should not be viewed as per se taboo.  Wishing your colleagues a heart-felt Happy Valentine’s Day is appropriate, as long as the love is spread evenly and appropriately.

Bring small, inexpensive gifts or treats, such as cookies, for everyone in the office to share. Cookies, small treats, or desserts are a great way to show co-workers you care about them, without crossing the gray line of what could constitute inappropriate conduct.

Treat your employees to a company-wide dinner or other activity.  Showing your employees you appreciate them for everything they do for your company should be celebrated. Organizing a company-wide dinner or other activity is a great way to show appreciation for all employees, without implications of showing unfair treatment.

Use Valentine’s Day as an opportunity to share what you love about your job.  Focus not on the romantic components of a relationship with co-workers, but focus on their work. Share with co-workers what you believe to be their positive attributes as they relate to their job.  As always, keep it professional.

For more information about your legal rights in the workplace or if you have any questions or concerns about your job, please do not hesitate to contact an attorney at Zeldes Haeggquist & Eck, LLP.

To schedule your free initial consultation, contact us online or call (619) 342-8000 today!