If a worker becomes the victim of a criminal sexual assault on the job, the employer may be held liable as well.
San Joaquin County, CA – While disagreements in workplaces are common, there are a few scenarios where workplace harassment becomes a serious problem that can result in lawsuits. Workers should be aware of these possible situations where they may have to notify their employer or the local police, and then get advice from a labor attorney to see if a harassment lawsuit needs to be filed in California.
Hostile work environment
A form of sexual harassment called a hostile work environment happens when a person is constantly mistreated by coworkers, customers, bosses, or other parties due to their gender or sex. The analysis focuses on whether any reasonable worker in the same situation would have their ability to function normally on the job affected. In most cases, there will need to be several instances of inappropriate language or mistreatment, although if the conduct in question is very serious just one or two incidents can create a hostile work environment. This tends to make issues related to whether a hostile work environment exists or not very fact intensive.
Quid pro quo harassment
The typical sexual harassment scenario where a boss requests sexual acts from their subordinates is called quid pro quo harassment. In most cases, a worker’s supervisor will often request this kind of illegal behavior as a condition of receiving a job offer, getting pay or benefits, or as a necessary condition of keeping their job. The victim should immediately notify a human resources department or whoever else is designated to handle such matters in their company. In most cases, the employer should start to investigate the complaint and attempt to find a resolution, which may include disciplining or terminating the person responsible. If the employer does not take such actions or try to resolve the matter, it is best for the victim to retain their own sexual harassment lawyer.
If a worker becomes the victim of a criminal sexual assault on the job, the employer may be held liable as well. The victim should contact local law enforcement as soon as possible after the incident. Depending on the results of the investigation, the victim may also be able to file a civil lawsuit against the employer. This is because workplaces are ultimately responsible for the safety of their workers, and they have an obligation to prevent various forms of sexual harassment and criminal behaviors.
Getting legal advice about workplace harassment
There are sexual harassment attorneys in San Joaquin County and other parts of California who can provide more information about these matters. Anyone who needs to find a local lawyer can use the listings on USAttorneys.com and get advice about the process to receive compensation.