Overview of Sexual Harassment in the Workplace
The Elements of Sexual Harassment
1. Protected Classification—Conduct Based on Sex
The first step is to establish that you were “subjected to sexual advances, requests for sexual conduct, or other verbal or physical conduct of a sexual nature.” This means that the inappropriate conduct you are complaining about must either be based on your sex (e.g., supervisor yelled at women but not men), or be sexual in nature (e.g., graphic sexual language or e-mails). Los Angeles employment attorneys give the following as some examples of sexual harassment:
- Visual conduct of a sexual nature (such as making sexual gestures, leering, displaying sexually suggestive objects or pictures, screensavers, emails, posters or cartoons)
- Unwanted sexual advances
- Physical conduct that is sexual in nature (such as touching, rubbing, kissing, licking, assault, or making blocking movement)
- Offers to exchange employment benefits for sexual favors
- Verbal conduct that is sexual in nature
- Using or making derogatory jokes, comments, slurs, and epithets)
Keep in mind that this list is not exhaustive of every action that constitutes sexual harassment.
2. Unwelcome Conduct
The second step in your sexual harassment case is to establish that you did not welcome the conduct or that you did not want the conduct to take place. To show that the conduct was unwelcome, the Los Angeles employment attorneys from the Law Offices of David R. Denis will work with you to obtain detailed evidence of your objections and protestations. Additionally, if you did not complain about the conduct, your Los Angeles employment attorneys will assist you in your explanation as to why you did not make a complaint.
3. Severe or Pervasive Conduct
The third and last step is to establish that the conduct was sufficiently severe or pervasive. This means that it has to be significantly more than a minor, isolated incident of harassment. In addition, off-hand comments, isolated incidents (unless extremely serious), and simple teasing are not considered sexual harassment for the purposes of filing a suit.
Did you or a loved one experience sexual harassment from an employer? If this is the case, you should speak with an employment law attorney who has experience in sexual harassment cases. Call the Los Angeles employment attorneys at the Law Offices of David R. Denis, P.C. at 1-888-355-2948 today to schedule your free initial consultation. This Extreme Justice® legal team’s phone lines are open 24 hours a day to accept your phone calls. They will work with you to help you obtain your own Extreme Justice® against the employers or entities who sexually harassed you or your loved one.
Law Offices of David R. Denis, P.C.
707 Wilshire Blvd., Suite 4300
Los Angeles, CA 90017