LAWYER FOR SEXUAL HARASSMENT AT WORK

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.

EMPLOYER LIABILITY FOR UNREPORTED HARASSMENT

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:

• At company seminars or required trainings off premises.
• In the car while employees are driving together for sales or service calls.

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.

• Emotional Distress/Mental Suffering: Common damage, often requiring treatment with a psychologist or psychiatrist. The cost of this medical treatment is recoverable.
• Lost Wages: Victims forced to quit due to harassment, or wrongfully fired in retaliation, can sue for lost wages spanning years into the future. This includes missed time from work due to mental torment/therapy.

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:

• 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.
• Visual harassing including leering looks, offensive gestures.

This is true whether or not the harassment also results in the loss of a tangible job benefit.

SEXUAL HARASSMENT CASE RESULTS:

1. $675,000 for sexual harassment at an Ontario warehouse
2. $465,000 for sexual harassment at a Reseda Gas Station
3. $315,000 for sexual harassment of an El Monte Delivery Woman
4. $270,000 for sexual harassment of Sylmar Supermarket Workers
5. $225,000 for customer harassment at a Van Nuys Retail Store
6. $200,000 Sexual Harassment by Boss
7. $195,000 for sexual harassment of a Camarillo Woman
8. $162,000 for a Ventura County Property Manager

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.