California Workplace Harassment Lawyer
In an ideal world, we would be able to work in peace, without any bullying, name calling, teasing, mean remarks, or any other type of harassment from co-workers, customers, or supervisors. Even though this type of behavior is illegal, it still exists in many workplaces. That’s because many people find this behavior funny even though it is demeaning and insulting.
Harassing someone based on a protected class (such as race, religion, politics, gender, sexual orientation, disability, or age) is against the law. There are local, state, and federal laws that prohibit harassment in the workplace. If you have experienced harassment while at work, you may have a case. Contact an California workplace harassment lawyer from The Garza Firm to understand your legal rights and see what options you have.
Types of Workplace Harassment
There are two main types of workplace harassment you should be aware of:
Quid pro quo harassment. This means “this for that” and is generally based on whether or not a worker accepts or rejects unwelcome sexual advances or requests for sexual favors. However, religion may also be a reason for harassment. The harasser is generally someone who can make employment decisions, like a supervisor or manager. An example of quid pro quo harassment would be firing someone who turns down a supervisor’s sexual advances. Another example would be a manager who requires a worker to participate in religious activities in order to stay employed. Both of these examples are illegal.
Hostile work environment harassment. A hostile work environment is caused by the unwelcome conduct of others in the workplace. The harassment must be so severe, offensive, and pervasive that it leaves the atmosphere intimidating or hostile. Examples may include verbal and nonverbal insults and comments, asking personal and private questions about a transgender person’s genitalia, stalking a colleague, engaging in unwelcome touching, using sex-based nicknames, leering at or ogling another person, telling racist or sexist jokes or stories, exhibiting bullying or threatening behavior, and teasing or name calling based on a person’s protected characteristic.
When is Harassment Illegal?
There are two criteria that must be met for the harassment to be illegal. First, the harassing conduct must be unwelcome and based on the victim’s protected status. Second, the conduct must be abusive to the victim and so severe that it creates a hostile work environment.
The severity of the environment is looked at on a case-by-case basis, with consideration paid to the following factors:
- The frequency of the unwelcome conduct
- The severity of the conduct
- Whether the conduct interfered with work performance
- The effect on the employee’s well-being
- The position of the harasser
Contact The Garza Firm Today
Going to work is difficult enough for most people. Being harassed while at work makes life even more challenging. It can lead to emotional problems for workers.
Have you been harassed at work? If so, you may be entitled to compensation. Contact The Garza Firm today. Our California workplace harassment lawyers can assess your case. Schedule a consultation with our office by filling out the online form or calling (949) 570-8350.