Q.
I work as a secretary for a clothing company. Last week, my boss came into the office a little drunk after a lunch meeting and asked me to come into his office. He closed the door and asked me to give him a massage. I refused, so he got up, gave me a massage, and tried to kiss me. I got up and ran away. I was so scared to tell the CEO of the company because he is very close to my boss. I have to keep doing this job to make money, but I don’t know what to do. Can I sue my boss for sexual harassment? If so, how do I win?
A.
Employees are protected under both state and federal law against sexual harassment in the workplace . Federal law remedies for discrimination or sexual harassment in the workplace are based on Title VII of the Civil Rights Act of 1964, which applies to all employers and companies with 15 or more employees. State law remedies are based on the California Fair Employment and Housing Act (“FEHA”).
Sexual harassment is a type of unreasonable behavior that occurs in the workplace without the consent of the other party. Legally, there are two types of sexual harassment: “Quid Pro Quo” and “Hostile Work Environment.” “ Quid Pro Quo ” is a Latin term that refers to the type of sexual behavior that an employer demands in exchange for a job benefit, such as a promotion or employment. “ Hostile Work Environment ” includes abusive or unpleasant behavior that seriously interferes with an individual’s work performance or creates a hostile atmosphere.
While a single incident may be sufficient to establish “Quid Pro Quo,” a pattern of behavior is necessary to establish a Hostile Work Environment. Any conduct that may give rise to a sexual harassment claim may include unwelcome sexual advances, requests for sexual favors, or verbal or physical sexual conduct.
In order to establish a sexual harassment claim, the plaintiff must prove that the sexual harassment is sufficient to change the work environment and create an unfavorable environment. The court will consider the frequency and severity of the conduct (whether it is physically threatening, degrading, or simply verbally offensive, and whether the conduct reasonably interferes with the employee’s work environment).
In court, sexual harassment is generally dealt with under strict regulations, and the severity of the punishment will be multiplied depending on the level of the act (e.g., touching the genitals). Sexual harassment crimes in the workplace may result in compensation for lost wages, future lost wages, emotional distress, attorney fees, and punitive damages. If you have been sexually harassed or discriminated against in the workplace, you should definitely entrust your case to an attorney who has extensive experience in defending sexual harassment cases.
Q.
I work as a secretary for a clothing company. Last week, my boss came into the office a little drunk after a lunch meeting and asked me to come into his office. He closed the door and asked me to give him a massage. I refused, so he got up, gave me a massage, and tried to kiss me. I got up and ran away. I was so scared to tell the CEO of the company because he is very close to my boss. I have to keep doing this job to make money, but I don’t know what to do. Can I sue my boss for sexual harassment? If so, how do I win?
A.
Employees are protected under both state and federal law against sexual harassment in the workplace . Federal law remedies for discrimination or sexual harassment in the workplace are based on Title VII of the Civil Rights Act of 1964, which applies to all employers and companies with 15 or more employees. State law remedies are based on the California Fair Employment and Housing Act (“FEHA”). Sexual harassment is a type of unreasonable behavior that occurs in the workplace without the consent of the other party. Legally, there are two types of sexual harassment: “Quid Pro Quo” and “Hostile Work Environment.” “ Quid Pro Quo ” is a Latin term that refers to the type of sexual behavior that an employer demands in exchange for a job benefit, such as a promotion or employment. “ Hostile Work Environment ” includes abusive or unpleasant behavior that seriously interferes with an individual’s work performance or creates a hostile atmosphere. While a single incident may be sufficient to establish “Quid Pro Quo,” a pattern of behavior is necessary to establish a Hostile Work Environment. Any conduct that may give rise to a sexual harassment claim may include unwelcome sexual advances, requests for sexual favors, or verbal or physical sexual conduct. In order to establish a sexual harassment claim, the plaintiff must prove that the sexual harassment is sufficient to change the work environment and create an unfavorable environment. The court will consider the frequency and severity of the conduct (whether it is physically threatening, degrading, or simply verbally offensive, and whether the conduct reasonably interferes with the employee’s work environment). In court, sexual harassment is generally dealt with under strict regulations, and the severity of the punishment will be multiplied depending on the level of the act (e.g., touching the genitals). Sexual harassment crimes in the workplace may result in compensation for lost wages, future lost wages, emotional distress, attorney fees, and punitive damages. If you have been sexually harassed or discriminated against in the workplace, you should definitely entrust your case to an attorney who has extensive experience in defending sexual harassment cases.