Harassment in the Workplace

You may have a case for harassment if someone teased, bothered, or made you feel uncomfortable based on any of the following categories: race, sex, national origin, sexual orientation and more. The harassment must meet the severe or pervasive standard. (Etter v. Veriflo Corp. (1998) 67 Cal.App.4th 457, 464-465 [79 Cal.Rptr.2d 33]) In addition, you will have to prove that the harassment was  about you belonging to a protected category.

Government Code Section 12940(j)(1) states that it is illegal “[f]or an employer, labor organization, employment agency, apprenticeship training program or any training program leading to employment, or any other person, because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, to harass an employee, an applicant, an unpaid intern or volunteer, or a person providing services pursuant to a contract. Harassment of an employee, an applicant, an unpaid intern or volunteer, or a person providing services pursuant to a contract by an employee, other than an agent or supervisor, shall be unlawful if the entity, or its agents or supervisors, knows or should have known of this conduct and fails to take immediate and appropriate corrective action.

An employer may also be responsible for the acts of nonemployees, with respect to sexual harassment of employees, applicants, unpaid interns or volunteers, or persons providing services "pursuant to a contract in the workplace, where the employer, or its agents or supervisors, knows or should have known of the conduct and fails to take immediate and appropriate corrective action. In reviewing cases involving the acts of nonemployees, the extent of the employer’s control and any other legal responsibility that the employer may have with respect to the conduct of those nonemployees shall be considered. An entity shall take all reasonable steps to prevent harassment from occurring. Loss of tangible job benefits shall not be necessary in order to establish harassment."

Sexual harassment includes leering, offering employment benefits in exchange for sexual favors, grabbing, and making sexual comments. Harassment also includes making derogatory comments, epithets, slurs, or making jokes based on a person belonging to a protected category.

Please contact us if you feel that you have been harassed so that we can evaluate your case. Call us today for a case evaluation. (818) 260-9904
(The above is only meant for informative purposes and is not legal advice).






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