

EVALUATING SEXUAL HARASSMENT CASES: KEY ISSUES FOR CALIFORNIA ATTORNEYS
Supervisor, or Manager Sexual Harassment: For purposes of strict liability, managers, supervisors, and lead persons are individuals with authority to hire, fire, transfer, suspend, promote, discharge, adjust grievances, discipline, reward, effectively recommend any of these actions, or to direct employees.
Legal Tidbit on Supervisory Sexual Harassment in California: The standard for holding employers liable for a boss's sexual harassment is easier in California than under Federal Title VII law.
Our sexual harassment lawyers have had considerable success holding employers liable for harassment by "Team leads" and lower-level supervisors who have the authority to direct the flow, assign work, or schedule the victim. Lower-level management may also be liable if they are the employee the victim must call for absences or early departures.
Was the sexual harassment reported to a supervisor or manager if it was not done by a supervisor or manager?
Companies are Liable for Unwitnessed Sexual Harassment if the harassment was reported to supervisors, managers, or human resources. Companies are also liable if another coworker reported the harassment, or if the company knew of the sexual harasser's tendency to engage in sexual harassment. Knowledge of the harassment by human resources is particularly important for establishing company responsibility.
OFF PREMISE SEXUAL HARASSMENT
Did the sexual harassment occur at work or off premises?
Employers are liable for sexual harassment that occurs:
In the pattern of sexual harassment, it is not uncommon that one of the allegations did not occur at work. Even if the harassment occurred at a voluntary social function sponsored by the harasser, the company may still be liable if the harasser used his power as a supervisor to commit the acts off premises.
For example, Karl Gerber obtained approximately $131,776 (in 2014 dollars) for a woman sexually harassed by the owner's son at a Christmas party and $186,670 (in 2014 dollars) for a worker sexually harassed while dispatched to another state for work.
In order to find out if your employer is liable for sexual harassment that occurred outside of work contact us at (323) 525-1600.
LEGAL FRAMEWORK, DAMAGES, AND CASE PROOF
The Fair Employment and Housing Act (FEHA)
Workplace sexual harassment is made illegal by FEHA if the employer has 5 or more employees. An important aspect of this law is that the employer is responsible for the victim's attorney fees if they win the case. The threat of this liability often leads to a lump sum settlement. Karl Gerber has recovered approximately $200,000 for clients in cases involving a single sexual assault.
Severe or Pervasive Harassment
Generally, one act of harassment is not enough, but one very severe act (such as rape) could make the employer liable if the employer knew the harasser was likely to engage in that type of conduct.
Unwitnessed Cases and Discovery
Our firm takes many cases where the sexual harassment was not witnessed. Upon filing a lawsuit, the employer must provide the addresses of any witnesses through written discovery. Subpoenas are also used to find witnesses. We will also discover if other employees have complained about the same harasser, or if the company was on notice.
Sexual Harassment Damages
Damage or injury in an emotional or economic sense is required for a case.
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.
WHAT IS SEXUAL HARASSMENT?
It is unlawful to harass an employee because of their sex, per California Government Code Section 12940(j)(1). Sexually harassing behavior includes:
This is true whether or not the harassment also results in the loss of a tangible job benefit.
SEXUAL HARASSMENT CASE RESULTS:
Call and find out if you have a case on sexual harassment, discrimination, wrongful termination, unpaid wages, disability, leave of absence, workers compensation, and or whistleblowing.