What you Need to Know About Sexual Harassment Claims

Most experts agree that sexual harassment in the U.S. and around the world goes mostly unreported. Studies report that anywhere from 40 to 90 percent of women in the U.S. have been victims of sexual harassment in the workplace or while performing job duties. The majority of sexual harassment complaints — nearly two-thirds — are filed against women’s immediate supervisors.

Case Results at Winer, McKenna & Burritt, LLP

Our lawyers obtained $1.3 million for two women who were sexually harassed at a factory owned by a large corporation. The plaintiffs complained of the sexual harassment, but received no help from their employer. See more verdicts and settlements we have obtained for our clients.

For a free and confidential consultation about your case, call (510) 433-1000.

Company Liability And Sexual Harassment

In California, employers may be held strictly liable in cases of managerial or supervisory sexual harassment.

In the case of sexual harassment initiated by a co-worker, employers are not strictly liable. 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 or had occurred in the past or that the co-worker was at risk for sexually harassing others, the company can be held responsible.
It is important to discuss these matters with an experienced California sexual harassment attorney.

What Is The Difference Between Sexual Harassment And Flirting?

Sexual harassment is almost always about an aggressor asserting power over a victim. In the workplace, this can detrimentally affect the work environment, making it a hostile and abusive place to work. Aggressive, pervasive, offensive or persistent references to sexuality in the workplace are an abuse of power.

Expressing sexuality does not justify harassment. The difference between sexual harassment and flirting, joking or asking someone on a date is that harassment is unwelcome and persistent.

How Do I Prove Sexual Harassment?

Sexual harassment is distressing, and it is pervasive. It affects a victim’s work and personal life. Women may experience sexual harassment from men or other women. An aggressor abusing his or her authority or just being outright offensive is capable of causing serious physical, emotional and financial damage. You do not have to put up with it.

Speak with an experienced lawyer about filing a claim with the California Department of Fair Employment and Housing (DFEH) or Equal Employment Opportunity Commission (EEOC). The steps involved in sexual harassment litigation and properly filing a lawsuit are complex and require professional care.
Important to note: It is not sexual harassment if you like, want or welcome the conduct. Speak with a knowledgeable lawyer to determine if the conduct related to your gender, sexual orientation or other sexual reference qualifies as harassment.

Contact A California Sexual Harassment Attorney

Sexual Harassment Lawyers in California At Winer, McKenna & Burritt, LLP offer free consultations, and we pursue all cases on a contingency fee basis.

Contact us at (510) 433-1000 toll free for representation throughout Northern and Southern California.

**We do not represent perpetrators of sexual harassment or those who are accused of sexually harassing behavior.