Sexual harassment is any type of harassment with a sexual over or undertone. This can be visual, verbal, or physical. It also includes inappropriate and unwelcome enticement or promise of reward in return for a sexual favour.

Sexual harassment can occur to both genders; it is not restricted to any gender. This act is most often perpetrated by someone in a position of authority or advantage over a person. Most people have been traumatized in the workplace because of this issue but do not or cannot seek redress. This can often be because they don’t understand what the law says about it.

If you live in Los Angeles, you need to find out what applies in your city so that you know what to do in the event of sexual harassment. You can read this article for more clarity.

In this article, we will explore what constitutes sexual harassment and how to seek redress. We will also share tips for choosing the best sexual harassment attorney for you.

What is Sexual Harassment in Los Angeles?

Los Angeles, one of the most populous cities in California, is a melting pot of cultures that attracts many businesses. In this city, sexual harassment is against the law and is prohibited in every place of employment in the city. It is required that employers conduct training for their staff and supervisors on how to prevent the occurrence of this menace in the workplace and deal with it when it happens.

Sexual harassment is covered under the California Fair Employment and Housing Act, and it comes under two headings, the quid pro quo which means to offer something for something, and the hostile work environment harassment.  

Quid Pro Quo

This act of harassment happens when a superior threatens a subordinate either expressly or implied with adverse consequences if they do not give to a request with sexual undertones. These consequences can either be a demotion, a bad review, or even termination.

Conversely, it might be a promise of a reward, such as a promotion, transfer to a more favourable team or department, or glowing review.

This type of harassment can only be carried out by a superior who has the power or authority to enforce the negative consequence or fulfill the promised reward. A colleague on the same level or a superior who has no authority over the victim cannot be charged with this type of harassment.  

Hostile Work Environment

This is a situation where an employee creates an environment that is conducive for fellow workers or any reasonable person. This action may not be targeted at any individual but as far as it makes the workplace uncomfortable for reasonable persons, the person can be charged with Hostile Work Environment sexual harassment. For example, a co-worker who posts X-rated pictures that are offensive all overhis/her workspace constitutes a hostile workplace harasser.

Apart from these two broad headings, there are also other categories of harassment which are as follows: –

1. Based on Sex– This is discrimination because of one’s gender. For example, a female construction worker being harassed or bullied by her male colleagues or other acts that make the work environment hostile for her.
2. Unwelcome Conduct – This is when a person does not welcome conduct even if they keep quiet about it.
3. Offensive to a Reasonable Person – This is a conduct that in addition to being unwelcome is offensive to an objective bystander.
4. Severe or Pervasive – This can either be a single physical act that is traumatic or continuous behavior that constitutes abuse to the victim.

How to Seek Redress for Sexual Harassment in Los Angeles

When you have identified any form of sexual harassment, it is recommended that you seek redress. There are different ways that you can seek redress within the organization but if that fails, you can contact a sexual harassment attorney to pursue the case for you. This is because some organizations may want to turn a blind eye to what is happening or even sometimes take retaliatory actions against the victim.

However, if you belong to an organization that plays fair, your first recourse should not be a lawsuit. Find below steps that you can take before resorting to a lawsuit:-

1. Confront the Harasser – Let the harasser know that you are not comfortable with their conduct and that they are infringing on your rights.
2. Gather evidence and document instances of harassment.
3. Report the Harasser to the Appropriate Authorities – You should know your organization’s policy on sexual harassment and follow the due process
4. Report to a Civil Society – This step becomes necessary if your organization does not do right by you.
5. Initiate a lawsuit

Tips for Choosing the Best Sexual Harassment Lawyer for you

If you followed the steps stated above and had to resort to a lawsuit, you need the services of the best attorneys in the field to represent you. Find below tips for choosing the best lawyer for your case:-

1. Get recommendations from people who have experienced similar issues in the workplace
2. Get as many options as possible so that you can compare and pick the best attorney.
3. Check out their previous results. How many similar cases have they won and what kind of settlement did they get for their clients?
4. Get testimonials from past clients
5. Ensure that the firm is staffed by ethical and reputable lawyers.
6. Evaluate their expertise and specialization.
7. Ensure that they have been called to the Californian Bar and are licensed to practice in the state.  
8. Make sure they do not have any disciplinary, administrative, or ethics violation action against them.
9. They should be willing to work on a contingency basis. This means that they will not charge you upfront but rather take a percentage of your settlement.
10. Check out their reputation and standing in the legal community.

Conclusion

Finding a law firm or attorney to represent you for sexual harassment in the workplace should not be a difficult task; all you need to do is take time and put in some effort into research. We have shared some tips that we believe will help you in this research. Bear these tips in mind and you will get the best legal representation possible if/when the need arises.