A Comprehensive Guide to Sexual Harassment in the Los Angeles Workplace
What You Need to Know to Fight Sexual Harassment in Los Angeles
Sexual harassment in the Los Angeles workplace can affect a y employee or job applicant. It can occur whether you work in a warehouse, construction position, retail environment, office setting, restaurant, or any other employment situation. Most importantly, it can come from anyone within your workplace, regardless of their position. In other words, it can come from the CEO, manager, supervisor, customers, clients, vendors, or coworkers. Anyone who enters your place of business should abide by any laws relating to workplace sexual harassment.
This article will provide a comprehensive guide to Los Angeles workplace sexual harassment. With the help of this guide and an experienced sexual harassment lawyer in Los Angeles, you can combat sexual harassment and get the justice you deserve.
Who Is at Fault for Workplace Sexual Harassment in Los Angeles?
The first thing you must know about sexual harassment in the Los Angeles workplace is that it is not your fault. Like rape and sexual assault, sexual harassment is the fault of the harasser. No matter what you say or how you flirt, once you say that you are uncomfortable with a sexual act, comment, or advance, it becomes sexual harassment.
At that moment, your harasser knows that you are no longer accepting of their sexual acts or advances. Therefore, they should no longer participate or make unwanted sexual comments, contact, or advances. They cannot blame you for allowing such actions in the past, as you stated your opposition to the behavior and expect it to stop.
What Creates a Claim for Workplace Sexual Harassment in the Los Angeles Workplace?
Federal laws clearly state that workplace sexual harassment occurs when an employee or job applicant in a company with fifteen or more employees faces unwanted physical contact, sexual comments, or sexual advances.
However, state laws vary from state to state. A sexual harassment attorney in Miami will give you different legal advice than a sexual harassment lawyer in Los Angeles. This difference occurs because the state laws protecting employees from sexual harassment in Miami differ from those in Los Angeles. The general basics of the law are the same. It relates to unwanted sexual advances, comments, or physical contact.
However, the number of employees a company must maintain, how many instances of sexual harassment must occur to violate the laws, or the severity of sexual harassment may vary from state to state. Therefore, you should consult a sexual harassment lawyer in Los Angeles to understand what creates your claim for sexual harassment in a Los Angeles workplace.
What Evidence Do You Need to Prove Sexual Harassment in Your Los Angeles Workplace?
A sexual harassment lawyer in Los Angeles will advise you to gather as much evidence as possible to help prove sexual harassment at work. The best way to do this is to document everything related to your sexual harassment claim.
First, write down as much information regarding the sexual harassment you endured in the workplace. Such information should include the following:
- What occurred
- Where and when it occurred
- Who was involved
- Who witnessed the events
- How you reported the events
- Who received your complaint of sexual harassment
- What actions your employer took to correct the problem
- How the sexual harassment affected your daily workplace environment
The next step is to file a written complaint with your HR department union representative or supervisor regarding the sexual harassment you endured. Make sure you document who received your written complaint, when it was sent, and what was done about your complaint.
If your employer does nothing to address your complaint, you must document how long you gave them to respond to your complaint and what their final answer was in relation to your complaint.
The more documentation, witnesses, and evidence you have, the easier it will be to combat any defense your employer will attempt to provide to the judge or jury.
How Can a Sexual Harassment Lawyer in Los Angeles Help You Fight Sexual Harassment at Work?
A sexual harassment lawyer in Los Angeles can guide you in the entire legal process relating to sexual harassment at work. They can advise you on the best course of action to file your complaint.
Your experienced sexual harassment lawyer in Los Angeles can help you determine whether your case should be filed under federal or state laws. They can help you determine who you should include as defendants in your lawsuit, whether it should be your employer alone or others in the workplace and union.
Most importantly, your sexual harassment lawyer in Los Angeles will advocate for your rights from the moment you decide to file a complaint regarding sexual harassment at work. They will help negotiate a settlement with your employer early in the process. However, they will advise you if your case is better off going to court and rejecting your employer’s settlement offers.
Let the Derek Smith Law Group Get You Justice for Your Sexual Harassment Claim.
The experienced Los Angeles sexual harassment lawyers at the Derek Smith Law Group can help you fight for your rights when facing sexual harassment at work. They will help you understand your rights and guide you through the process to ensure you get the justice you deserve. Call us at (310) 602-6050 for a free consultation.