September 27, 2013 /24-7PressRelease/
-- Many people look forward to heading to their place of employment each day. Even if the work can be sometimes challenging, they enjoy interacting with their co-workers. Often, these shared experiences result in long-lasting friendships, which can make the hours spend at the workplace seem to pass much quicker.
Unfortunately, not every working environment is a stress-free place. Some employers can be very demanding, and some co-workers may not respect the boundaries that others have in place. In some situations, some employees may receive unwanted sexual attention, which can make it difficult to report for work. These actions could potentially lead to claims of sexual harassment
by these employees.
In California, there are several laws that protect employees from this type of behavior from other employees or employers. The California Fair Employment and Housing Act (FEHA) is one of the laws that apply to sexual harassment claims in the state. There are two ways that these kinds of claims can arise:
- Quid pro quo harassment, which means that an employee will receive certain employment benefits (such as a raise or more favorable hours) if he or she engages in the desired sexual relationship, or
- Hostile work environment claims, which means that the conduct is so severe that it causes serious issues in the employee's ability to perform the tasks associated with his or her job.
To succeed on a claim for a hostile work environment, it will be necessary for the courts to analyze the factors present to determine if the actions were harassment. This includes reviewing the number of times that the interactions occurred, as well as the type of situation that led to the conduct arising, among other factors. Employers may offer defenses to these claims, including that they took steps to prevent the conduct from occurring after being made aware of the problems.
These cases can be quite complicated, and often involve a lot of accusations that can be very challenging to prove. Those accused of this conduct will often strongly contest the allegations, which may often require the matter to go to trial.
If you believe you have been the victim of sexual harassment in the workplace, speak to an experienced employment law attorney about the specifics of your case. You may be eligible to recover compensation due to the actions of your co-workers or employers.
You will have questions about your situation, and it is important that you are able to work with someone who is able to provide you with the answers that you need. You may be tempted to ignore the conduct, because you do not want to jeopardize your employment. No one should have to feel that way when reporting for work and it is crucial that you take steps to protect your rights.
Article provided by The Figari Law Firm
Visit us at www.figarilaw.com