supervisor, or manager sexual harassment - For the purposes of strict liability sexual harassment managers, supervisors and lead persons are individuals having the authority, in the interest of the employer to hire employees, fire employees, transfer employees, suspend employees, layoff employees, promote employees, discharge employees, adjust their grievances, discipline them, reward them, effectively recommend any of these actions, and to direct them.
Legal Tidbit on Supervisory Sexual Harassment in California - Who qualifies as a supervisor for the purpose of binding a company for sexual harassment is an interesting legal question. The level of authority of the employee to bind the company for sexual harassment at work is different in California than under Federal law. The California standard for making employers liable for a boss’ sexual harassment is much easier than under Title VII.
Our sexual harassment lawyers have had considerable case success holding employers liable for sexual harassment done by so-called, “Team leads” and lower level supervisors who have the authority to direct the flow, assign the sexual harassment victim work, or maybe schedule the sexual harassment victim. Sometimes the lower level supervisors are liable for sexual harassment because they are thought of as supervisors by the sexual harassment victim. Lower level management may also be liable for sexual harassment if they are the employee the sexual harassment victim must call if they are going to be absent, or ask permission to leave early.
Companies are Liable for Unwitnessed Sexual Harassment if the sexual harassment, or one of the incidents of sexual harassment, was reported to supervisors, managers, or human resources, but it was not done by those levels of employees. Companies are also liable for sexual harassment at work if another coworker reported the sexual harassment to supervisors and higher level employees, or they knew of the sexual harasser’s tendency to engage in sexual harassment. In general, for the purposes of making a company responsible for sexual harassment, knowledge of the sexual harassment by human resources is important.
Information on Off Premise Sexual Harassment - Employers are liable for sexual harassment that occurs at company seminars off premises, required trainings, or in the car when employees are driving together on their way to make sales or service the employer’s clients. Our firm recently settled a case for a Paramount woman in which she was sexually harassed by a supervisor while together with him during training and sales calls.
Our sexual harassment lawyers have considerable experience and success in handling off premise sexual harassment cases. Karl Gerber obtained approximately $131,776 in 2014 dollars for a Los Angeles woman sexually harassed by the owner’s son at a Christmas party. In another case, Karl Gerber assisted a South Bay aerospace worker in obtaining approximately $186,670 in 2014 dollars because she was sexually harassed while dispatched to another state to perform work for her employer. Our firm has also handled many sexual harassment cases in which the harasser got the sexual harassment victim to go out to lunch with him, at which time he proceeded to sexually harass her.
In the pattern of sexual harassment it is not uncommon that one of the allegations of sexual harassment did not occur at work. Sexual harassment occurring outside of the workplace is a more challenging issue if the sexual harassment victim is sexually harassed at a voluntary social function, especially if it is put on by the sexual harasser. However, we have succeeded on many cases in which the sexual harassment victim went to a party or meal sponsored by the sexual harasser, and she was sexually harassed. If the sexual harasser uses his power as a supervisor to sexually harass the sexual harassment victim off premises the company may be liable for the sexual harassment that did not occur at work. One of the most famous sexual harassment cases that sets forth the standards for supervisory sexual harassment and off premise sexual harassment involves a casting agent who sexually harassed a young man. In order to find out if your employer is liable for sexual harassment that occurred outside of work contact us at 1-877-525-0700.
It is also important that the employer have 5 or more employees. Workplace sexual harassment is made illegal by the Fair Employment and Housing Act if the employer has 5 or more employees. However, workplace sexual harassment may also be prohibited by the California Constitution regardless of the employer’s number of employees. The Fair Employment and Housing Act is an important law in combating sexual harassment at work because the employer is responsible for the workplace sexual harassment victim’s attorney fees if they win the case. The threat the employer will be liable for the sexual harassment victim’s attorney fees often leads to a lump sum settlement of the workplace sexual harassment case in which the employer’s potential exposure to the sexual harassment victim’s attorney fees is factored into the settlement. Karl Gerber has handled several sexual harassment cases in which there was a single sexual assault and he was able to recover approximately $200,000 for his clients.
Presuming the sexual harassment occurred at work, or at an event an employee was required to be at because of their employer, and the sexual harassment was done by a supervisor or higher, or was reported to a supervisor or higher, the next question is whether the sexual harassment was severe or pervasive. One act of workplace sexual harassment is generally not enough for there to be a sexual harassment case. However, one very severe act such as rape could make the employer liable if the employer knew the sexual harasser was likely to engage in the type of sexual harassment being sued for.
In evaluating workplace sexual harassment cases, once it appears there is legal liability for the workplace sexual harassment, the next issue an experienced workplace sexual harassment lawyer moves onto is whether there are witnesses to the sexual harassment. However, our firm takes many workplace sexual harassment cases in which the sexual harassment was not witnessed. Sexual harassment, in general, is often done by a harasser outside the presence of persons other than the victim of sexual harassment.
If witnesses exist we can find them. Upon the filing of a workplace sexual harassment lawsuit the employer, in written discovery, is required to provide the addresses of any witnesses to the workplace sexual harassment being sued for. We can also make sexual harassment witnesses appear at a deposition or trial by using the power of subpoenas and deposition notices. Once the workplace sexual harassment is filed we will ask the employer certain questions, and ask for certain documents, that will ferret out whether others complained about the same sexual harasser, or the company was on notice of the sexual harassment by our client or another employee. Many times we are surprised to learn our client is not the only one who was sexually harassed by the same employee. Sexual harassers often commit sexual harassment again and again, and that is one of the reasons why employees should report sexual harassment and sue for it if necessary.
Our sexual harassment lawyers only take sexual harassment cases on a contingency. We never charge anything up-front and are only paid through what we can collect from the employer and or sexual harasser. Call 1-877-525-0700 for an experienced sexual harassment lawyer.
Sexual Harassment Can Result in Lost Wages. Victims of sexual harassment who are forced to quit their job due to the workplace sexual harassment, and those who are wrongfully fired out of retaliation for complaining about sexual harassment, or refusing sexual harassment, can sue for lost wages. Lost wages include lost pay from the job where the sexual harassment occurred. Lost wages in a sexual harassment case can span years into the future. Because sexual harassment presents such serious damages to victims of sexual harassment, it is important to speak with an experienced sexual harassment lawyer and not rely on this article for legal advice.
Lost wages in a sexual harassment case can also include time a victim of sexual harassment is unable to work due to mental torment. Victims of sexual harassment may also be able to collect lost wages for the time they miss from work because they have to attend therapy in order to cope with sexual harassment.
The actual costs of seeing a therapist are damages the employer is liable for in a case of workplace sexual harassment.
Sexual harassment at work puts a lot of strain on the victim of the sexual harassment. Workplace sexual harassment is both costly to the victim of sexual harassment, and potentially to the employer where the workplace sexual harassment occurred.
Other issues of interest to victims of workplace sexual harassment are whether they can sue for sexual harassment if they are still employed. We strongly suggest you consult with one of our experienced workplace sexual harassment lawyers at 1-877-525-0700 to explore your legal rights to sue for sexual harassment at work.
It is unlawful to harass an employee because of their sex, California Government Code Section 12940(j)(1). Sexually harassing behavior includes: sexual favors; unwanted sexual advances and propositions; verbal conduct, including epithets, slurs or derogatory comments, and comments about a person’s body, appearance, or sexual activity; physical conduct including assault, impeding or blocking movement, or any physical interference with normal work or movement; or visual harassing including leering looks, offensive gestures whether or not the harassment also results in the loss of a tangible job benefit