No Charge Unless We Win: 415-634-4117
Workplace harassment is a form of unlawful discrimination that involves unwelcome conduct directed at an individual based on protected characteristics under California or federal law. Harassment becomes illegal when the behavior is either severe or pervasive enough to interfere with an employee’s ability to perform their job or creates an intimidating, hostile, or offensive work environment.
California law, through the Fair Employment and Housing Act (FEHA), offers broader protections than federal law. It covers a wide range of protected categories, including:
If you have experienced harassment related to your gender, sex, or gender identity, you may be a victim of gender harassment and protected under state and federal laws.
Gender harassment, or gender-based harassment, occurs when a person harasses another based on their gender or gender identity. The harassment does not need to be based on anything of a sexual nature. Instead, gender harassment usually involves stereotypes based on the roles and functions associated with a particular gender.
Workplace gender harassment laws are similar to Title IX of the Education Amendments of 1972, which prevent gender harassment and discrimination in school settings. In an employment setting, gender harassment can occur between co-workers, between a supervisor and a subordinate, and in various other settings.
Learn More about San Francisco Gender Harassment >>
In United States labor law, a hostile work environment exists when one’s behavior within a workplace creates an environment that is difficult or uncomfortable for another person to work in due to discrimination.
Common complaints in sexual harassment lawsuits include fondling, suggestive remarks, sexually-suggestive photos displayed in the workplace, use of sexual language, or off-color jokes. Small issues, annoyances, and isolated incidents typically are not considered to be illegal.
To be unlawful, the conduct must create a work environment that would be intimidating, hostile, or offensive to a reasonable person. An employer can be held liable for failing to prevent these workplace conditions, unless it can prove that it attempted to prevent the harassment and that the employee failed to take advantage of existing harassment counter-measures or tools provided by the employer.
Learn More about San Francisco Hostile Work Environment Harassment >>
If you have experienced pregnancy harassment related to childbirth, breastfeeding, or related medical conditions, then you may be a victim of pregnancy harassment and are protected under state and federal laws.
It is unlawful to harass a woman because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth. Harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted).
The harasser can be the victim’s supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer.
Learn More about San Francisco Pregnancy Harassment >>
The Latin term quid pro quo translates to “something for something.”
Therefore, quid pro quo harassment occurs in the workplace when a manager or other authority figure offers or merely hints that he or she will give the employee something (a raise or a promotion) in return for that employee’s satisfaction of a sexual demand. This also occurs when a manager or other authority figure says he or she will not fire or reprimand an employee in exchange for some type of sexual favor.
A job applicant also may be the subject of this kind of harassment if the hiring decision was based on the acceptance or rejection of sexual advances.
Learn More about San Francisco Quid Pro Quo Harassment >>
Sexual harassment is one of the most reported forms of workplace misconduct. It may involve:
Two primary types of sexual harassment exist:
Learn More about San Francisco Sexual Harassment >>
Bullying is a substantial problem in workplaces across the United States. A third of American workers have reported experiencing some form of bullying by managers or coworkers and another 25% reported having witnessed the bullying of a coworker.
Abusive work environments can reduce productivity and morale, lead to higher absenteeism and turnover rates, and increase medical and workers’ compensation claims. Under current law, victims of workplace bullying have a legal remedy only if the abuse is related to a protected category (such as race, gender, disability, sexual orientation or age).
Employers who fail to comply with the law may face penalties from the California Civil Rights Department, the state agency charged with enforcing California’s discrimination and harassment laws. The law does not, however, create a civil claim for bullying t itself.
Learn More about San Francisco Workplace Bullying >>
Discrimination and harassment based on race or ethnicity can involve slurs, offensive stereotypes, or exclusion from workplace opportunities. Even casual remarks can rise to the level of illegal conduct if they are frequent or humiliating enough to impact job performance or working conditions.
Employees with physical or mental disabilities are protected by both state and federal law. Harassing conduct may include mocking an employee’s condition, denying accommodations, or treating them as incapable of performing tasks others are expected to complete.
Not every rude or inappropriate comment qualifies as illegal harassment. Under the law, harassment must meet specific criteria to be actionable:
In California, even a single incident may be considered unlawful if it is particularly egregious. In most cases, however, courts look at the cumulative effect of multiple incidents over time.
Employers have a legal obligation to provide a workplace free from unlawful harassment. This includes:
Failure to meet these obligations can result in employer liability—even if they weren’t directly involved in the misconduct.
One of the most common concerns employees have when considering whether to report harassment is fear of retaliation. California and federal laws prohibit employers from retaliating against employees for:
Retaliation can take many forms, including job termination, demotion, negative performance reviews, or exclusion from meetings and assignments. These actions may give rise to a separate legal claim.
Our Practices are Guided by Integrity. We’ll protect what you deserve.
We work tirelessly and fight tenaciously to hold rights abusers accountable.
If you’ve experienced a distressing incident related to an issue like this, call us for a free case evaluation.
Legal cases can be lengthy, complicated, and confusing, but you don’t have to take on the system all by yourself. If you believe someone has violated your individual rights, or the rights of a large group of people in your community, we can help you find the right course of action.
"*" indicates required fields
