At Eldessouky Law, our labor law attorneys provide representation for employees in LA County, including Lancaster, CA. For almost a decade, we have upheld the workplace rights of those facing sexual harassment, bias or prejudice at work; helping them obtain fair compensation. There is no justification for subjecting an individual to inappropriate jokes, insults or negative employment incidents because of their sex or gender identity. Our services include a free case review to help you understand your rights and how the labor laws protect you. If your employer has broken any of these laws, our trial attorneys have the experience and skill to pursue them and correct the wrongs you suffered.
Sexual Harassment in CA
Sexual harassment occurs when a person is subjected to bias, prejudice or unwanted attention due to their sex. Contrary to most expectations, neither the definition of sexual harassment nor its protections are limited to persons of a specific gender. No matter what gender you identify with, you can file a complaint of sexual harassment if you are being targeted on account of your sex or gender.
Being the subject of adverse employment action, such as demotion, may not always mean you have suffered sexual harassment. However, these actions may amount to sex discrimination when they are based on an improper motive – such as a belief that women should not occupy positions of responsibility. Reno v. Baird (1998) 18 Cal.4th 640, 645–646 [76 Cal.Rptr.2d 499, 957 P.2d 1333].
How Does Sexual Harassment Occur?
Harassing conduct is usually a product of improper or hostile social interactions. It may be a result of bias in the form of comments or action taken against you because of your gender. Sometimes, these actions can be direct, as in the case of:
- Obscene language
- Demeaning comments or slurs
- Unwanted touching
- Physical interference with your person or workspace
- Drawing offensive cartoons
- Unwanted sexual advances
Other times, they can be indirect, such as in the case of hurtful rumors being spread about you because of your sex or gender identity. In many circumstances, it may be unclear to you if you are being a target of sexual harassment, especially when the behavior is indirect. This is why if there are conditions at work that suggest you are being harassed, you should contact our sexual harassment attorney in Lancaster at once.
Dedicated Wrongful Termination Attorneys in Lancaster, CA
Eldessouky Law protects the interests of workers in Lancaster, CA and tirelessly works to protect their rights. Our committed sexual harassment attorneys take exception when our clients are made to suffer unlawful conduct at work and we provide unmatched representation to correct such situations.
California’s Constitution and Labor Codes are very clear on the employee rights they define and protect. Unfortunately, there are still employers or supervisors who expose their workers to sexist and discriminatory conduct at work. When these incidents occur, it is our duty to ensure the responsible individuals and employers are held accountable for their actions.
Top Employers in Lancaster, CA
With over 157,000 residents, Lancaster, CA is the 32nd largest city in California. The city is a hub for large community events and festivals, making it a destination of choice for thousands in the US and from all over the world.
Some of the largest employers in Lancaster, CA include:
- Antelope Valley District Union High School District
- Antelope Valley Hospital
- Antelope Valley College
- University of Southern California
- Space X
- Walt Disney
- Kaiser Permanente
All these employers, regardless of their size, are expected to uphold the workplace rights of their employees, as outlined by the California Department of Fair Employment and Housing. They must not do anything to harm these rights and when possibly harmful conditions exist at work, they must put an end to these immediately. If your employer is disrespecting your rights at work, we want to hear about it today.
Eldessouky Law Practice Areas in Lancaster CA
At Eldessouky Law, we focus on protecting the rights of employees in Lancaster, CA and throughout California through our concentrated practice areas.
- Hostile work environment claims, including:
- Sexual Harassment
- Wage and hour claims, including:
- Underpaid regular pay rates
- Unpaid rest or break times
- Overtime payment discrepancies
- Severance terms, agreements, and enforcement procedures
- Retaliation claims
- Wrongful termination
- Disability Discrimination
No matter what kind of unlawful conduct you are experiencing at work, we can help you fight for your rights. Schedule a free consultation today with our hostile work environment attorney in Lancaster, CA to understand your rights.
Can I Complain About Sexual Harassment in Lancaster?
There is no situation in which sexual harassment is justified. If you are being made a target of harassment at work because of your gender, you have a right to complain and hold the responsible party to account.
California laws define sexual harassment as derogatory or biased conduct against an employee because of their sex or gender. It usually arises from interpersonal relations and consists of conduct typically outside the scope of necessary job performance. Serri v. Santa Clara University (2014) 226 Cal.App.4th 830, 869 [172 Cal.Rptr.3d 732].
If you are facing sexual harassment at work, California laws protect your right to complain, without fear of reprisal or retaliation. California’s Fair Employment and Housing Act specifically prohibits conduct that amounts to sexual harassment and provides for how such conduct can be actionable. Government Code section 12940(j)(1).
How do you go about making a complaint for sexual harassment at work?
- Report the conduct: Usually, the first step in taking action against sexual harassment is to report the offensive conduct to a superior at work. If you have an HR department or if there are specific procedures for filing such complaints, use that to bring the conduct to the attention of your employer. But if your employer is the one doing the harassing or if they fail to act on your complaint, move to the next step.
- File a complaint with the DFEH or EEOC: Both the DFEH and EEOC are the statutory regulators of state and federal workplace laws respectively. You may file a complaint with either of them to report the unlawful conduct you are experiencing at work. They will typically attempt to settle the issues between you and your employer. If this doesn’t work, you may be issued a “right to sue” notice. This allows you sue for redress in civil court.
- File a lawsuit: In an action in civil court, you can hold your harasser accountable, and your employer if they neglected to take action regarding the unlawful conduct.
What are My Options if the Sexual Harassment Becomes Unbearable?
When sexual harassment becomes so unbearable that it interferes with your ability to do your job, it creates ahostile work environment. In fact, most cases of sexual harassment require showing that the harassment was “severe and pervasive”. California Jury Instructions, CACI 2521A
If the unlawful conduct you are facing at work has become unbearable, it’s likely that the harassment has already become severe and pervasive. In this situation, you may explore any of the following options:
- Sit tight and go through the complaints process
- Resign your job and take action against your employer. If your employer intentionally made the work environment unbearable, saying things like “if you’re not comfortable, you can leave”, you may be able to file a claim for constructive discharge.
- Contact a qualified hostile work environment attorney in Lancaster, CA to help you understand your rights and options
In all events, it’s best to speak with a qualified attorney immediately if you find that you are a target of sexual harassment. Our experienced Lancaster sexual harassment attorney here at Eldessouky Law will explain how you can secure relief.
Our sexual harassment attorney in Lancaster can help
If you are being made a target of sexual harassment due to your gender, contact our labor law attorney in Lancaster for staunch legal representation. Call our attorney at 714-409-8991 to fight for your rights today.