Makarem & AssociatesMakarem & Associates2024-03-08T05:59:06Zhttps://www.makaremlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1404347/2020/05/cropped-favicon512-32x32.pngby Or On Behalf Ofhttps://www.makaremlaw.com/?p=519422024-02-24T06:06:20Z2024-03-08T05:59:06Z
How to Make a Make a Record of Sexual Harassment in the Workplace
Experiencing or witnessing sexual harassment in your workplace likely feels overwhelming. Knowing how to process the situation personally can be difficult enough, but knowing how to move forward at work is another hurdle entirely. Firstly, know that there are both federal and state laws protecting you and your coworkers from workplace sexual harassment. In general terms, harassment is unwelcome conduct that is based on a protected class: that is, you or a coworker are being harassed on the basis of your race, color, religion, sex, age, disability, etc. Offensive conduct can include jokes, slurs, threats, mockery, interference with work performance, or more. More aggressive conduct is also considered harassment, like an employer firing, demoting, or otherwise punishing an employee for reporting discrimination or making a workplace complaint.Note that you do not have to be the direct or intended victim of sexual harassment - if the workplace environment is affecting your job performance or personal life, you may have a legal claim. Discussing your situation with a lawyer is always a great starting point.While you may be familiar with your companies’ reporting policies, or know of a person you can go to, you may be wondering how to go about filing a complaint and/or if you need additional evidence to support your claim that harassment has occurred.Filing a ComplaintNotifying your employer, whether it be through a formal process or via an informal conversation, is critical. Your employer needs to be made aware of the situation and be given an opportunity to fix it.Ensure that your complaint includes the following information:
Who is involved
The location of the incident(s)
The date and time of the incident(s), as accurately as possible
A truthful, full recollection of what has happened → Do not fabricate or fill in details that you do not completely remember, but also be specific about what you have experienced (what was said/done, how many times, etc.)
How the incident(s) have affected you, personally or at work → This can include your emotions, physical state, or financial impacts
Any evidence or documentation should be attached or referenced → For instance, if you have an object like a harassing note, include in the email that you will be submitting or are able to submit the note to your employer
If you have only experienced a one-off incident that you are unsure rises to the level of harassment (like a singular joke or comment), you may not feel comfortable filing a complaint and the conduct likely is not legally actionable. However, remember that your companies’ internal policies may be different from the legal standard. Even if you are not sure if you have a legal claim, gathering evidence or reporting a situation is an important first step to stopping the harassment and bettering your workplace. While it is up to your judgment, at minimum, it can be a good idea to document incident(s) for yourself informally, via a log or journal, in case the behavior becomes more severe or recurring. Helpful Evidence in Documenting Sexual HarassmentThe following can be helpful in supporting any complaint that you file at work:
Any written documents or communications → this can include journal entries/other logs, texts, emails, or even social media messages
Written or verbal testimonies from other witnesses to the harassment or victims of similar harassment
Photos or videos of the incident(s) → Recordings of people without their knowledge are legal if you believe that it is necessary to protect your or another’s personal safety, or if you have recorded the person with the intent of proving harassment. However, if you are at all unsure about the legality of your recording, consult an attorney before submitting it as part of your complaint.
Medical records, whether they be about your physical health or mental health (particularly if they are able to demonstrate what your health was like before and after the harassment took place)
Objects → Anything that can support your claim, whether that be a note, a gift, etc.
Performance reviews (if relevant)
Make sure to keep copies of any complaint you submit, as they can also be used as evidence if you end up filing a lawsuit later on. Even informal conversations with a human resources associate or supervisor should be logged or otherwise documented and used later as evidence. Any verbal complaints should be followed up in writing, with the details listed above and evidence attached. Ensure that you have copies of everything on a personal device, as if an employer wishes to retaliate against you, they may cut off your access to work devices. Taking the care to document and report behavior or incidents is not only helpful in establishing your reliability, but also shows that you have made an effort to handle the situation responsibly and reasonably. Sources:
What To Do if You are Being Sexually Harassed in the Workplace
If you are experiencing sexual harassment in the workplace, it is crucial to understand your rights as an employee in California. In California, sexual harassment is defined as severe or pervasive unwanted sexual advances or other visual, verbal, or physical conduct of a sexual nature that creates a hostile work environment. Employers have a duty to create and maintain workplaces free from sexual harassment and are required by law to remedy any acts of sexual harassment. Further, the California Code of Regulations (2 CCR § 11023) requires employers to have a sexual harassment policy made available to all employees. If you are experiencing sexual harassment, you should review your employer’s sexual harassment policy and follow the appropriate procedures; the policy should outline the processes for reporting the incidents.Your report of sexual harassment should be as detailed and complete as possible. The most effective way to ensure a detailed complaint is to take notes after each incident of sexual harassment. Try to include a timeline of events and a list of key players, including any possible witnesses to your harassment. If you do not have a witness, it may be a good idea to confide in a trusted co-worker or colleague who can corroborate your story. Do not delete any evidence relating to your complaint such as text messages, notes, and emails. The evidence and documentation you collect will be useful in establishing your claim’s credibility. You should also be cautious of what you post to your social media; your employer or future defendants will be able to access your posts and may attempt to discredit your claims. Employers are prohibited from retaliating against employees who submit complaints of sexual harassment. If your employer does not remedy the sexual harassment and you are still subjected to a hostile work environment, or if you have been retaliated against as a result of your complaint, you may consider filing a complaint with the Equal Employment Opportunity Commission (EEOC) or the California Civil Rights Department (CRD). Filing with one agency automatically cross-files with the other, so you only need to submit one complaint. California law requires employers to respond to and correct any reported incidents of sexual harassment, and their failure to do so may result in an employer’s liability to compensate their employee. You should be mindful of the time limits to make such claims: employees must file their complaints with CRD within three years of the last act of harassment or retaliation, or employees must file with the EEOC within 300 days. You will also need a right-to-sue letter from CRD before you can file a lawsuit against your employer. If you are experiencing sexual harassment in the workplace, you can contact Makarem & Associates at (310) 312-0299 to speak with an experienced employment law attorney today.
]]>by Or On Behalf Ofhttps://www.makaremlaw.com/?p=518792024-02-23T23:56:14Z2024-02-23T23:52:13ZInvestigating a Sexual Harassment Complaint
Sexual harassment in the workplace is something no employer wants or foresees when hiring personnel. All parties involved are likely to be uncomfortable, but a business’ success, from both a legal and cultural standpoint, is premised on an environment that feels safe and has proper procedures in place to take complaints seriously and provide recourse.
What is sexual harassment?
Sexual harassment can take many forms, but is generally any nonconsensual sexual act or
verbiage that contributes to a negative work environment. Examples include, but are not limited
to*:
- Visual conduct, like leering, making sexual gestures, displaying suggestive pictures, etc
- Verbal conduct, like making or using derogatory comments, epithets, slurs and jokes
- Verbal abuse of a sexual nature, like verbal commentaries about an individual’s body
- Physical conduct, like touching, assault, impeding or blocking movements.
- Offering employment benefits in exchange for sexual favors.
- Threatening retaliatory action after receiving a negative response to sexual advances
What does an employer legally owe their employees?
It is an employer’s obligation to make reasonable efforts to “prevent and address” unlawful behavior. Both state and federal law outline the responsibilities that employers have to their employees, which generally includes:
- Taking a sexual harassment complaint seriously
- Addressing a complaint in a timely manner, while also preserving evidence gathered and
minimizing workplace disruptions
- Take action that helps prohibit the offensive conduct
Steps to a Proper Sexual Harassment Investigation
Any investigator will be juggling a wide variety of interests and emotions. They also must conduct their investigation promptly and efficiently, without rushing. Being timely, fair, and thorough are integral to a proper investigation and conclusion.This includes being sure to document as much as possible, in a way that can not be edited. Clear documentation will demonstrate that a complaint has been taken seriously. It also makes it easier to transfer a complaint over to someone else, if a conflict of interest or other issue arises.
1. To start: Make sure that you have someone responsible for handling and investigating
complaints, whether that’s an internal employee or an external hired party. Also ensure
that there is a way for employees to file complaints with that person, and that employees
are aware of this system.
2. Investigating & Interviews: If a complaint is isolated or ambiguous, an investigator may
feel it’s best to counsel the individuals directly. However, if there is any question as to
severity or if the conduct is ongoing, it is likely best to initiate an investigation.
○ Step 1: Conduct preliminary interviews → Interview both parties, with the goal of
getting more clarity on what has happened. The accused party has a right to know
that an allegation has been filed and an investigation is being conducted. (The
investigator should not feel as though, however, that they need to disclose all
information, including the identity of the alleger.)
■ The investigator should remain mindful that no conclusion has been
reached. Being aggressive or hostile in an interview will not be helpful in
gathering information or honest responses. Staying calm, appearing
neutral, and asking open ended questions will lead to the most fruitful
results. Doing interviews in person is best.
○ Step 2: Gathering more information → The preliminary interviews will likely
allow the investigator to identify additional witnesses to interview or other
evidence to gather (like documents and communications). When interviewing
other people, remember to carefully consider what information to disclose while
also verifying the facts that have been gathered. Assemble any possible evidence
that can fill in or support the full story of what has happened.
■ Helpful evidence can include, but is not limited to:
1. Written communications, like emails, texts, etc.
2. Written or verbal testimonies from other witnesses
3. Photos of videos of the incident(s)
4. Objects that can demonstrate harassment (think gifts, notes, etc.)
5. Performance reviews (if relevant)
■ In interviews, focus on the quality or content of information relayed, not
on how it’s delivered. What may seem guilty or dishonest to you may be
someone feeling nervous or scared.
○ Step 3: Consider the credibility of the parties → Consider, with the evidence, if
the following questions can help you come to a decision about what likely
happened:
■ Does the story seem plausible? Does either party have a motive to be
untruthful? Did a party in an interview provide inconsistent answers or
communicate in indirect/hesitant ways?
■ Is there any evidence or witnesses that corroborate one story over another?
How much was a victim or witness able to recollect or communicate about
the conduct?
■ Is there a history of honesty or dishonesty on behalf of anyone involved?
Is there any consistency to the behavior or is it a known habit of the
alleged harasser (ex: touching female employee’s on the back)?
Other questions and tips
Sexual Harassment & Managers
If a complaint is filed against a higher level associate or manager, an employer should escalate the investigation appropriately to an employee on a similar or higher level than the alleged harasser. Having a lower level employee attempt to conduct an investigation against a superior will likely be difficult. If there is no one inside your organization, research external parties that can investigate. To learn more about complaints when being sexually harassed by a supervisor.
What about confidentiality?
A common concern in addressing a sexual harassment complaint, for both employees and employers, is affecting reputations. An investigator should strongly consider the pros and cons of disclosure throughout the process. On one hand, disclosure will likely be necessary at different stages of the investigation, in order to find out more and take appropriate action. On the other hand, information should only be shared with employees on a need to know basis.
Can employers require confidentiality from their employees?
The best course of action when considering this is to ask an attorney. Employees generally have the right to talk about their workplace, and legal history suggests that, should there be a lawsuit, mandating confidentiality could be considered unethical if not illegal.
Investigating sexual harassment is a comprehensive process, one that includes being flexible, sensitive, and principled. Over time, an employer or an investigator will likely establish different methods and timelines to address different types of alleged harassment. Remaining current on the law and current best practices in handling sexual harassment in the workplace will go a long way in protecting your company legally, and maintaining a safe and productive workplace for your employees.
Note that this article does not constitute legal advice, and you are encouraged to do further research or consult an attorney for your business’ specific needs and legal responsibilities.
Sources
● *CA Civil Rights, Employment Discrimination
● CA Civil Rights, Workplace Harassment
● State of California Department of Justice]]>by Or On Behalf Ofhttps://www.makaremlaw.com/?p=518762024-02-24T01:01:20Z2024-01-04T23:36:12Z
I've been sexually harassed by a supervisor. What are my options?
Being sexually harassed by your supervisor can be a traumatic experience, and it may leave you feeling like you have nowhere to turn. There are, however, steps that you can take to prevent future harassment and to create a safe and comfortable work environment for yourself and your coworkers. Sexual harassment consists of unwanted sexual attention that is severe and pervasive, to the point that it interferes with your ability to do your job. Working in a hostile environment can have many harmful consequences; as the Supreme Court stated in Harris v. Forklift Systems, Inc., “a discriminatorily abusive work environment, even one that does not seriously affect employees’ psychological well-being, can and often will detract from employees’ job performance, discourage employees from remaining on the job, or keep them from advancing in their careers.” Harris v. Forklift Systems, Inc., 510 U.S. 17, 22 (1993). Taking immediate action can help moderate some of these negative effects. Report to Your Employer or HR If your employer has a human resources department, report the sexual harassment to your HR contact. Make sure to include as much information as possible in your report, including the date the harassment occurred; the name and position of the perpetrator; and the names of any witnesses to the harassment. If you reach out to HR in-person or over the phone, try to follow up via email with a written summary of your conversation, noting all of the information that you provided to them about the harassment and your understanding of any action they proposed to take. If possible, you can also report to the person above your supervisor; they may be able to take quick action in response to your supervisor’s actions. Again, try to be as specific as possible when explaining what happened. It is important to thoroughly document the sexual harassment that you experience. Thorough documentation will make it easier for your employer to understand what happened and to investigate your claims. Make note of the dates and times that the harassment occurred, exactly what happened, and if there were any witnesses present. You should also keep track of each time that you report the harassment to your employer and their response, if any. If you feel comfortable doing so, try to reach out to people who were aware of or witnessed the harassment. These witnesses can provide valuable evidence in your employer’s investigation. Make note of their contact information so you can reach out to them in the future if need be. File a Complaint with the California Civil Rights DepartmentAnother action you can take if you have been harassed is to file a complaint with the California Civil Rights Department. The California Civil Rights Department (CRD) is responsible for enforcing the Fair Employment and Housing Act, under which harassment in the workplace is prohibited. Just like when you report to your employer, make sure to keep a careful record of the harassment to substantiate your allegations. You will be able to provide all of this information to the CRD when you make your complaint. File a LawsuitYou can also consider filing your own lawsuit with legal representation. Your employer will be strictly liable for your supervisor’s conduct, even if they did not have knowledge of the inappropriate behavior. Under California Government Code section 12940(t), a supervisor is defined as “any individual having the authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or the responsibility to direct them, or to adjust their grievances, or effectively to recommend that action, if, in connection with the foregoing, the exercise of that authority is not of a merely routine or clerical nature, but requires the use of independent judgment.”Before filing your lawsuit, collect all of the documentation and evidence that you have related to the harassment. You may also want to contact co-workers who witnessed the harassment to ask if they would be willing to testify on your behalf. Finally, make sure you find an attorney who will advocate for you. If you are interested in filing a lawsuit, our experienced and compassionate attorneys are ready to help.
]]>by Or On Behalf Ofhttps://www.makaremlaw.com/?p=518692024-02-24T01:19:35Z2023-12-21T18:34:00Z
Witness to Sexual Harassment in the Workplace
Witnessing sexual harassment in your workplace is jarring and uncomfortable. Although you may not be directly involved, you may still feel driven to say something, or unsure as to what you could do about the situation.FEHA (California Fair Employment and Housing Act) and Title VII (of the Civil Rights Act) both forbid sexual harassment, and define it in very similar language:“It is unlawful to harass a person [with whom the harasser has a professional relationship] because of that person's sex. Harassment can include "sexual harassment" or unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature.Harassment does not have to be of a sexual nature, however, and can include offensive remarks about a person's sex. For example, it is illegal to harass a woman by making offensive comments about women in general.”Inappropriate behaviors and language that constitute sexual harassment are varied and very situational. Note that the sexual identity or “job title” of either party does not matter. A harasser can be a man or a woman; a victim can be a customer or a bystander.Common questions may include:
Does what I witnessed “count” as sexual harassment?
Behavior is generally considered illegal if it is severe or pervasive, meaning that it is not an isolated incident or is not an offhanded, simple joke. Indicators that sexual harassment has occurred include:
If you feel that a hostile or offensive work environment has been created
If the harasser has requested a “quid pro quo” (an exchange between them and the victim, like offering a raise for sexual favors)
If the victim has been fired, demoted, told that they will get a bad performance review, or threatened with any of these actions
However, oftentimes situations are not that clearcut. We encourage you to speak with an attorney further about your specific situation.
Why does it matter if I saw it, rather than was a direct victim of it?
Everyone is harmed by sexual harassment in their workplace and, although you may not be who the behavior or language was directed at, you may still be entitled to legal relief. Working in a hostile or toxic work environment should not have to be part of your day to day life.
What can or should I do?
Note that speaking with an attorney first is likely a good idea. They may be able to advise you on any complaint you submit, to make it as effective as possible.Who do I go to?If your company has procedures in place to report sexual harassment, do so. The company needs to be made aware that something has occurred and be given the opportunity to correct the situation.
If they do not have reporting procedures, try to speak with someone higher up in your organization that you trust, or with human resources.
Or, you can file a complaint with the Equal Employment Opportunity Commission and/or California’s Department of Fair Employment and Housing.
What do I say?
Provide as much information as possible about what happened. The “who, what, when, and where” can go a long way in setting up your employer or the state departments listed above to conduct a thorough investigation.
Can my company retaliate against me?
No, to do so would be illegal.
I don’t think I’m comfortable reporting, what else can I do?
If you are not confident or comfortable with reporting, you can always:
Interject when something is happening - Simply saying “stop” or anything that relays you do not condone the person’s behavior or language can sometimes be enough!
Distract from the behavior or language - Try to think creatively about what could deescalate the situation.
Find an ally - If there’s someone that’s available to help you in the situation, whether it be a supervisor or a friend of the harasser, reach out to them.
Talk to the parties afterwards:
If you choose to speak with the harasser, remember that it’s important for you to remain calm and direct.
If you choose to speak with the victim, remember to remain empathetic and not push them into any particular choice. However, letting them know that they have support and a witness available may assist them in deciding their course of action.
]]>by Or On Behalf Ofhttps://www.makaremlaw.com/?p=518632024-02-24T02:48:29Z2023-12-14T21:24:05Z
Which State Agency Handles Sexual Harassment Complaints?
The Civil Rights Department Unfortunately, many employees today encounter sexual harassment in the workplace. Sexual harassment can consist of unwanted sexual advances, and can be physical or verbal. Because of its prevalence in the workplace, it is essential that employees understand the mechanisms through which they can report and challenge sexual harassment. In California, there are several options available to employees. One is to file a complaint with the California Civil Rights Department, or CRD. The CRD is a state agency that aims to protect Californians from discrimination and harassment in housing and employment contexts. Originally the Department of Fair Employment and Housing, the CRD enforces an essential piece of legislation that relate to sexual harassment: the Fair Employment and Housing Act (FEHA). Under FEHA, employers are prohibited from retaliating against employees for reporting sexual harassment. How Can You File a Complaint with the CRD? If you feel that you have been subjected to sexual harassment, you can file a complaint with the CRD through their website. First, you will need to fill out an intake form. In addition to being completed online, this can also be done over the phone or by mail. Before you begin the intake process, try to gather as much information as you can related to the harassment. If you have documents that support your claims, make copies that you can provide to the CRD. Documents can include emails, text messages, employment reviews, and anything else that evidences the harassment. In addition, consider if there are any potential witnesses to the harassment, and gather their contact information. When you fill out the intake form, you will be asked to provide information such as: (1) when the harassment occurred; (2) what the harassment consisted of; (3) copies of any documents related to your claims; and (4) the contact information for any witnesses of the harassment. The CRD will then use the information you provided to determine if the conduct that you described violates a law within their jurisdiction (namely, FEHA). What Happens Next? Once your complaint has been filed, the CRD will review it and determine whether to conduct an investigation into your claims. In some cases, they may also provide you with access to free dispute resolution services, such as mediation services. If the CRD determines that there is reasonable cause to believe that one of the laws they enforce has been violated, they will notify the parties involved and may file a lawsuit in court. However, they typically require that the parties go through mediation before a lawsuit can be filed. If the CRD closes your case after their investigation, you have the option to appeal their decision. In addition, the CRD recommends that you find an attorney and consider filing a civil lawsuit. Right-to-Sue Even if you decide not to pursue the CRD’s dispute resolution process, and to file your own civil lawsuit instead, you or your lawyer will first need to go through the CRD to obtain a right-to-sue letter. An attorney can help guide you through this process, and make sure that you have everything you need before filing your lawsuit. Once you obtain a right-to-sue letter, you will have one year to file your complaint with the court. If you choose not to have the CRD investigate your claims, or even if you do want to file a complaint through the CRD, make sure you find an attorney who can help guide you through the process and advocate for you. Our team of experienced attorneys is ready to help you navigate this process, and to help you obtain justice. Bibliography: https://calcivilrights.ca.gov/complaintprocess/?content=fileComplaint#fileComplaintBodyhttps://calcivilrights.ca.gov/obtainrighttosue/https://calcivilrights.ca.gov/aboutcrd/
]]>by Or On Behalf Ofhttps://www.makaremlaw.com/?p=518322024-02-24T01:50:00Z2023-11-16T18:48:21Z
Can employment based sexual harassment occur even when you are not at work?
Although many believe that work-related sexual harassment is actionable only when it occurs in the workplace, California laws like California Civil Code Section 51.9 and the Fair Employment and Housing Act (FEHA) in fact offer employees broad protections from sexual harassment that occurs outside of the workplace. California Civil Code Section 51.9 creates a cause of action for sexual harassment that occurs within the context of a business or professional relationship – regardless of the location where the harassment occurred. In addition to covering employee-employer relationships, this section pertains to a wide array of professional relationships. Some examples of qualifying business and professional relationships include: physicians and patients; attorneys and clients; real estate agents and clients; landlords and tenants; and teachers and students. Under Section 51.9, sexual harassment is defined as pervasive or severe unwanted sexual advances, solicitations, sexual requests, demands for sexual compliance, and other verbal, visual, or physical conduct of a sexual nature. In other words, the harassment must be extensive and extreme.In order to succeed on a Section 51.9 claim, the employee must also have suffered an economic loss or a personal injury, like emotional distress, as a result of the harassment. Considering the nature of harassment must be severe and unwanted, victims of sexual harassment more often than not are able to satisfy the damages requirement of Section 51.9. A second protection in California is the Fair Employment and Housing Act (FEHA), which protects employees from sexual harassment outside of work using a varied approach. Rather than monitor professional and business relationships as Section 51.9 does, FEHA instead requires employers to prevent harassment in the workplace and to guard against the creation of a hostile work environment. Thus, an employer’s failure to prevent harassment and hostile work environments is an actionable violation of FEHA. Under FEHA, conduct outside of the workplace falls within the scope of an employer’s responsibilities to its employees when such conduct affects the working environment. Employees are subjected to hostile work environments when they endure harassing and/or discriminatory behavior that is so pervasive or severe that it interferes with the employee’s ability to perform their job duties. Unwelcome sexual advances, demands, and verbal and physical conduct are harassing behaviors, and they may affect an employee’s work environment and their respective ability to work even if the harassment occurs outside of work. In such an instance, the employer is required by FEHA to prevent sexual harassment. Once an employee makes a complaint, FEHA requires employers in California to investigate the complaint, stop the harassment, and protect the employee. Supervisors are also required by FEHA to report complaints they receive regarding conduct between two employees, even if the conduct occurs offsite or after hours. California law offers strong protections to the employees who make up this state’s workforce. Restrictions and responsibilities imposed by CA Civil Code Section 51.9 and FEHA empower employees to assert their rights to a workplace free from sexual harassment – regardless of where the harassment occurs. If you are experiencing work-related harassment, contact an attorney at Makarem & Associates today for a free consultation.
]]>by Or On Behalf Ofhttps://www.makaremlaw.com/?p=518262024-02-24T03:07:09Z2023-11-09T19:46:42Z
Statistics: Sexual Harassment in the Workplace
In order to foster inclusive and respectful workplaces, understanding the prevalence of workplace sexual harassment is crucial. Additionally, for victims of such harassment, knowledge of the prevalence can encourage them to get help. Sexual harassment remains a pervasive issue that affects individuals across various industries, transcending geographical boundaries and organizational structures. In this blog post, we delve into the stark reality of workplace sexual harassment, shedding light on the latest statistics to show the urgency needed in encouraging victims to seek legal assistance despite the stigma they may feel.
The Scope of the Issue
Workplace sexual harassment can take various forms, including unwelcome advances, offensive comments, and discriminatory behavior based on gender. According to recent studies, a staggering percentage of individuals have encountered some form of sexual harassment during their professional journey. It is crucial to recognize that these statistics may represent only a fraction of the actual incidents, as many cases go unreported due to fear of retaliation or a lack of confidence in the reporting mechanisms.Sexual harassment can target any demographic, regardless of age, race, sex, gender, sexual orientation, socioeconomic status, or industry.
Key Statistics
Prevalence
Studies indicate that a significant percentage of employees, both women and men, have experienced sexual harassment in the workplace. According to a survey by the Equal Employment Opportunity Commission (EEOC), nearly 38 percent of women and 17 percent of men have reported experiencing sexual harassment at work. (Kearl, Johns, & Raj, 2019)Sixty percent of women say they have experienced unwanted sexual attention, sexual coercion, sexually crude conduct, or sexist comments in the workplace (Feldblum & Lipnic, 2016).Additionally, in theLGBTQ community, women are more than twice as likely to report unwanted touching (35 percent of women compared to 16 percent of men); almost twice as likely to report experiencing sexual assault; and more than one fifth (21 percent) of women compared to 12 percent of men are likely to experience serious sexual assault or rape. Around one in eight women (12 percent) compared to one in fourteen (7 percent) of men. (TUC (2017) The Cost of Being Out at Work: LGBT+ workers’ experiences of harassment and discrimination)According to the EEOC, California ranks number five in the country for the highest amount of workplace sexual harassment claims in the country in the past 25 years.
Underreporting
The majority of sexual harassment cases go unreported. Over 85 percent of people who experience sexual harassment never file a formal legal charge, and approximately 70 percent of employees never even complain internally (Feldblum & Lipnic, 2016).
Impact on Careers
One fear many victims share is that sexual harassment can have severe consequences on their careers. Many individuals who experience harassment report negative effects on their mental health, job satisfaction, and professional advancement. Some studies suggest that victims often change jobs or even leave their chosen careers to escape the hostile work environment.By accessing legal assistance in their cases, victims can reduce the negative effects of the harassment on their careers and ensure they are compensated for hardship already suffered. Between 2018 and 2021, the five most common issues to be charged concurrently with a workplace sexual harassment charge include:Discharge: 48.3%Non-sexual harassment: 33.2%Terms and conditions: 32.5%Constructive discharge: 20.9%Discipline: 10.3%(Holman Schiavone, LLC)
Legal Responses
Despite the prevalence of sexual harassment, legal actions are not always pursued. According to the EEOC, in the United States only a fraction of reported cases result in formal charges or lawsuits. This raises questions about the effectiveness of current legal frameworks in addressing and preventing workplace harassment.According to a study conducted on 50 recent workplace harassment cases, the average settlement for those who have been sexually harassed is $53,000. However, those claimants who took their case to court received far larger awards, at an average of more than $217,000. This disparity indicates two possible scenarios. One is that claimants who settle are not settling for enough and should push for higher compensation. The other is that only cases of severe harassment make it to court.Federal law caps the amount of money that can be awarded for punitive and compensatory damages based on how many employees the company has:The limit is $50,000 for employers with 15-100 employeesThe limit is $100,000 for employers with 101-200 employeesThe limit is $200,000 for employers with 201-500 employeesThe limit is $300,000 for employers with more than 500 employees(Holman Schiavone, LLC)In 2019, employers paid a record $68.2 million to settle claims of harassment made through the U.S. Equal Employment Opportunity Commission (EEOC). This further illustrates the potential victims have to be made whole again after an occurrence of harassment in the workplace. The prevalence of workplace sexual harassment is a sobering reality that demands our attention. By raising awareness, promoting reporting mechanisms, and fostering a culture of respect, we can collectively work towards eradicating workplace sexual harassment and building workplaces where every individual can thrive without fear or discrimination. Essential to this movement is the empowerment of victims to report, get represented, and get compensated - both providing relief for the victim and incentive for companies to adopt more protective policies.
]]>by Or On Behalf Ofhttps://www.makaremlaw.com/?p=518092024-02-24T03:34:01Z2023-10-19T20:41:49Z
Discrimination Based on Sexual Orientation In The Workplace
While in the workplace, everyone deserves to have dignity and be treated with respect. However, many people experience discrimination based on who they are as individuals, especially those who consider themselves a part of the LGBTQ community. You are not alone if you feel like you have been discriminated against at work on the basis of your sexual orientation or gender expression. In fact, over one in four (29.8%) LGBT employees reported experiencing at least one form of employment discrimination (being fired or not hired) because of their sexual orientation or gender identity, and this discrimination skyrockets to LGBTQ people of color, somewhere around one-third of queer people of color feeling discrimination at the workplace.Transgender workers experience agregioulsy high rates of discrimination in the workplace. Nearly half (48.8%) of transgender employees reported experiencing discrimination (being fired or not hired) based on their LGBT status compared to 27.8% of cisgender LGB employees.What Can I Do If I Think I Am Experiencing Harassment?First, it is important to be honest and introspective while you are determining if you are experiencing harassment at the workplace. Consider any performance related evaluations or meetings you have had in the past. If these meetings included constructive criticism with a course of improvement, it could be that your job performance just might not be up to par. However, so much can go on behind the scenes. If you feel you are being told lies to push you out of your job for an unknown reason, if you are intentionally made to feel uncomfortable or less-than, any physical intimidation of any kind, or anything you feel personally is harassment, this is not acceptable. The first step would be to file a grievance with your HR department or the closest equivalent department or role. However, all too often these complaints go unnoticed or ignored, so hope for an answer but at the same time be sure to consider your options of filing your complaint with with EEOC, and reaching out to an experienced employment attorney to make sure you fight for your deserved justice and that you can continue to work as openly and honestly as you find yourself comfortable with in the workplace. Need The Help Of An Experienced Employment Law Attorney?Sexual orientation is a protected class in the workplace and if you wants EEOC, our attorneys are here to help you in every step of the way. If you believe you are facing harassment on the basis of your sexual orientation or gender expression, please contact our dedicated and experienced discrimination attorneys at Makarem & Associates at 310.312.0299 or email us at info@makaremlaw.com. You will not be disappointed!
]]>by Or On Behalf Ofhttps://www.makaremlaw.com/?p=517972023-10-19T20:43:14Z2023-10-12T18:44:20ZHearing that the cost of attorney’s fees exceeds damages can be incredibly frustrating. This is a challenging problem to remedy once you realize it exists. Most clients do not contemplate the possibility of attorney’s fees exceeding damages when signing a retainer agreement, but it is important to consider at the beginning of representation.Ideally, this problem would be addressed on the front end. When retaining a law firm and pursuing litigation, clients should inquire about the possibility of recovering attorney’s fees. The winning party may be able to get the other side to pay their attorney fees, but this depends on state statutes or contracts. If it is possible, your attorney should be sure to include attorney’s fees in the request for damages. This way, even if attorney’s fees do exceed damages, you will not be paying them if you win.If this was not discussed and fees end up being higher than the damages, clients can dispute the reasonableness of the fees. It is possible that your attorney is overbilling you. Model Rule 1.5 of the American Bar Association states that “a lawyer shall not make an agreement for, charge, or collect an unreasonable fee or an unreasonable amount for expenses.” Factors that should be considered in determining the reasonableness of fees include the following:(1) the time and labor required, the novelty and difficulty of the questions involved, and the skill requisite to perform the legal service properly;(2) the likelihood, if apparent to the client, that the acceptance of the particular employment will preclude other employment by the lawyer;(3) the fee customarily charged in the locality for similar legal services;(4) the amount involved and the results obtained;(5) the time limitations imposed by the client or by the circumstances;(6) the nature and length of the professional relationship with the client;(7) the experience, reputation, and ability of the lawyer or lawyers performing the services; and(8) whether the fee is fixed or contingent.If it appears that you have been overbilled by your attorney, a firm that specializes in legal malpractice can represent you in contesting the fees. Incurring additional legal expenses and entering litigation against your attorney may seem daunting. Arbitration is a cost-effective alternative to resolving such a dispute in court. Many state bar associations now provide fee arbitration which streamlines the process so that the parties can obtain a judgment without the high cost and expenditure of time normally associated with litigation.]]>