In California, sexual harassment is taken extremely seriously. Employees who have been victims of sexual harassment or hostile work environments have options, but appropriate steps must be taken to make the harassment stop, prevent future harassment and be compensated for damages resulting from the harassment.
Our attorneys obtained $3.4 million for two female employees of a cosmetics company who feared for their personal safety as a result of a co-worker's comments and actions. See more verdicts and settlements we have obtained for our clients.
For a free and confidential consultation about your case, call (510) 433-1000.
Is My Employer Liable For Sexual Harassment Initiated By A Co-Worker?
Employers have legal obligations to prevent sexual harassment in the workplace, but they are not held strictly liable for co-worker sexual harassment, as they are if a supervisor, manager or agent of the company is found to be responsible for sexual harassment.
If the employer did not know or had no reason to believe that the current or past harassment by the co-worker took place and a program to prevent sexual harassment was already in place, the employer may be able to avoid liability.
However, if the company knew or should have known that the sexual harassment was occurring, had occurred in the past or that the co-worker was at risk for sexually harassing others, the company can be held responsible.
If you have been sexually harassed by means of any type of harassment in the workplace, it is critical that you contact a California employee harassment attorney. If your employer knew or should have known about the harassment or past harassment by the perpetrator, the company may be liable.
If your company's human resources department has a system for dealing with sexual harassment matters, an experienced lawyer can help you take the appropriate action through HR and through the California Department of Fair Employment and Housing (DFEH) or the Equal Employment Opportunity Commission (EEOC).
What Obligations Do Employers Have To Prevent Sexual Harassment?
The California DFEH requires employers to take all reasonable steps to prevent discrimination and harassment. These include:
- Displaying posters from DFEH in the workplace
- Distributing information on sexual harassment to employees in the form of a brochure from DFEH or an equivalent document
- Providing all employees with an effective sexual harassment policy
- Employers with 50 or more employees must provide at least two hours of effective interactive training and education about sexual harassment in the workplace to all supervisory employees within six months of attaining a supervisory position and every two years following.
Have you suffered sexual harassment in the workplace or anywhere else where you were required to be for your job? You have options, and an experienced attorney can help you immediately.
Free Consultation With A Sexual Harassment Attorney
To learn more about your rights and legal options, call Winer, McKenna & Burritt, LLP, at (510) 433-1000 or contact us online.
Our team represents workers throughout Northern and Southern California, and we pursue all cases on a contingency fee basis.