Sexual harassment is an unfortunate reality in many places, including office environments and other workplaces. Reliable gathered information indicates that eight out of every ten women have experienced it. Even more concerning is that approximately 20 percent of women have been victims of attempted or completed rape.
Men also have their share of this sad reality even though women are predominantly targeted. Governments at all levels have implemented laws to minimize this distressing reality. This is why both federal and state laws address it in Los Angeles, Southern California, and throughout the entire state. Some of the legal side of Sexual Harassment Law in Los Angeles will be discussed here in this article. So, keep reading to be well informed.
What Is Considered Sexual Harassment in Los Angeles?
Contrary to some beliefs, it is not only restricted to physical conduct. It could also be certain forms of communication. Either as sexual physical conduct or communication, it would be considered sexual harassment if it is:
Hostile
It fits the description if the attempted or completed physical or verbal sexual conduct makes the workplace hostile for the victim. Any action that intimidates the victim and makes the work environment unwelcoming fits the description.
Offensive
It is not only restricted to physical contact and conduct as mentioned early on. Even sexually offensive statements can fit the description. You can check here for more information about this.
Unwelcomed
Many workplaces prohibit sexual activities while on duty, and some even forbid any form of sexual relations between colleagues. This is even if it is consensual and outside of the workplace. Well, such laws are within the jurisdiction of employers and superiors in such environments.
But according to federal and state laws, it cannot be considered sexual harassment if both parties consent to it. Consent from both parties is necessary to avoid classifying it as such.
Tied to Benefits and Opportunities
A good example will be requesting consensual sex before promotions, salary increases, or certain opportunities can be granted in the workplace. The fact that the defendant requests rather than imposing does not make it right. It is considered taking undue advantage of the victim and fits the description.
State and Federal Laws on Sexual Harassment
Government at various levels forbid sexual harassment and a sexual harassment lawyer in Los Angeles is in a better position to fill you in on federal and state laws on this subject. Of course, this is after listening to your ordeal and helping you figure out if it fits the description.
But for the record, there are several federal-instituted laws protecting the rights of victims in these situations. One such and quite common one at that is the “Title VII of the Civil Rights Act;” which came into effect in 1964.
It is worth noting that this part of the Civil Right Act has undergone amendments to suit current realities and to address some legal loopholes. For example, the need to offer worthy compensation, including covering the victim’s attorney fees, was one of the factors that influenced its amendment in 1991.
Furthermore, the need to extend the time limit in which payment discrimination claims can be filed informed its amendment in 2009. All these go to show how this part of the Civil Rights Act has undergone several amendments to cope with current realities.
Just like with federal laws, there are state laws that aim at ensuring justice is served in these cases. One such is the California Fair Employment and Housing Act (FEHA). These laws under this state Act apply in Los Angeles.
These laws (both federal and state laws) are all aimed at curbing sexual harassment and ensuring that justice is served. However, there are clear-cut differences in their details.
For example, state laws on this subject apply to employers with a minimum of five employees. On the other hand, federal laws on this subject apply to employers with a minimum of fifteen workers
Filing Sexual Harassment Claims in Los Angeles
Victims have a right to file claims to this effect. Two pertinent authorities can receive such claims from Los Angeles residents. That would be either the state’s DFEH (Department of Fair Employment and Housing) or the federal-instituted EEOC (Equal Employment Opportunity Commission).
Both authorities are invested in preventing and addressing these issues, particularly in workplaces. However, there is a proper way to go about filing such claims. There is equally a timeframe for filing them.
This further informs the need for a sexual harassment lawyer in Los Angeles. The services of this legal professional will be required by victims for:
- Determining if the experience qualifies as sexual harassment.
- Properly filing claims to the pertinent authorities
- Ensuring that victims receive due compensation.
- Ensuring that victims are protected from retaliation in the workplace.
All these are reasons affected individuals should consult with sexual harassment attorneys. It is also essential that this is done on time as the statute of limitations applies. You can read this report for more insight into this statute of limitations in Los Angeles and California at large.
By the way, affected individuals are not restricted to filing claims to either the state’s DFEH (Department of Fair Employment and Housing) or the federal-instituted EEOC (Equal Employment Opportunity Commission). A direct lawsuit can equally be filed.
However, there is a proper way to go about it. For example, something known as a right-to-sue letter has to be issued by the pertinent agency. That would be either the state’s DFEH (Department of Fair Employment and Housing) or the federal-instituted EEOC (Equal Employment Opportunity Commission) in this case. Once again, it is a lot better to use the services of lawyers both for filing the necessary claims and for representation in and/or out of court.
Preventing Sexual Harassment in Los Angeles
While achieving justice in these cases is a vital goal, preventing it takes precedence. This is why certain measures are in place to prevent these incidents. One such is ensuring that employees in workplaces are trained to:
- Understand what qualifies as sexual harassment – By doing so, perpetrators cannot claim to be ignorant about this.
- Prevention Tactics – The training has to include how these situations can be prevented by those often on the receiving end.
- Reporting – The training should include how to report such cases to the right authorities in the workplace and even file claims to the appropriate authority.
- Addressing – How such cases ought to be handled if they happen is to be covered in this training. This is a part of the training that is particularly important for employers and those further up in the command chain.
It is mandatory under state laws for this training to be conducted periodically. The frequency is set every 2 years.
Conclusion
Federal and state laws play a crucial role in addressing sexual harassment. Some of them have been discussed here in this article. furthermore, sexual harassment lawyers provide comprehensive information and support to victims. Therefore, individuals facing such situations are encouraged to seek assistance from them.
Consultation with these legal experts should take place on time. This is especially because of the statute of limitations that applies.
