SEXUAL HARASSMENT

(415) 342-4125

Sexual harassment can transform the workplace from a comfortable, productive setting to a hostile environment.  An employee facing sexual harassment may feel forced to quit rather than endure another day of unwanted sexual advances.  Courts have generally recognized two types of sexual harassment claims: hostile work environment and quid pro quo.

Hostile Work Environment - A hostile work environment occurs where a supervisor or co-worker engages in unwanted harassing conduct based upon an employee's sex.  The harassing conduct may take various forms, including unwanted sexual advances, verbal harassment (such as obscene language, demeaning comments, slurs, or threats), physical harassment (such as unwanted touching, assault, or physical interference with work or movement), or visual harassment (such as offensive posters, objects, cartoons, drawings, or emails). Harassment, of a nonsexual nature, directed at an employee because of his or her gender may support a hostile work environment claim.  In some circumstances, an employer may be liable for unwanted harassing conduct committed by nonemployees, such as vendors or customers.

A hostile work environment may also occur where a supervisor provides preferential treatment (such as promotion or preferred work hours or assignments) to another employee with whom the supervisor is romantically involved, or where an employee personally witnesses unwanted harassing conduct directed at co-workers.

Quid Pro Quo - Quid pro quo sexual harassment occurs where job benefits are conditioned on acceptance of the harasser's sexual advances or where employment decisions are made on an employee's acceptance or rejection of the harasser's sexual advances. A single unwelcome sexual advance by a supervisor tied to the granting or denial of job benefits may establish a quid pro quo sexual harassment claim.

An employer has a responsibility to prevent sexual harassment in the workplace and is strictly liable for harassment committed by a supervisor. Where the harassment occurs from a coworker, the employer is liable if it knows or should have known of the harassment and fails to bring an end to it.

An employer may not retaliate against an employee for reporting sexual harassment in good faith.  

If you feel that you have been sexually harassed in the workplace and would like to discuss your legal rights, give Martin Velez a call. You may reach him at (415) 342-4125 and at martinvelez@comcast.net.

Mr. Velez represents employees throughout the San Francisco Bay Area, including Alameda County (Fremont, Hayward, Oakland, and Pleasanton), Contra Costa County (Antioch, Martinez, Richmond, and Walnut Creek), Marin County (San Rafael and Novato), Napa County (American Canyon and Napa), City and County of San Francisco, San Mateo County (Daly City, Menlo Park, and Redwood City), Santa Clara County (Mountain View, Palo Alto, and San Jose), Solano County (Fairfield and Vallejo), and Sonoma County (Petaluma and Santa Rosa).