California Sexual Harassment Attorneys are here to the Rescue

Friday, April 17th, 2009

Sex discrimination is a form of sexual harassment. Under California State Law, it violates the Fair Employment and Housing Act (FEHA). Also included are requests for sexual favors, unwelcome sexual advances, or other physical and verbal sexual conduct. These actions will be considered as sexual harassment only when its rejection or submission directly affects a person’s class standing in school or work performance in employment. Also, these sexual actions should not create an offensive, hostile, intimidating, or abusive environment.

California attorneys have to examine the context of the incident, the nature of sexual advances, and the entirety of the surrounding circumstances. Allegations should be based on facts and made on a case-to-case basis.

This type of harassment may be found in many circumstances. Federal law includes the following:

• - The harasser and the victim may belong to the opposite or the same sex.
• - The victim could be anyone offended by the harasser’s conduct.
• - The harasser could be the victim’s teacher, co-worker, supervisor, or employer’s agent. His or her conduct should be unwelcome.
• - Even without discharge or economic injury of the victim, unlawful harassment may occur.

More specifically under California State Law, FEHA does not only include sexual and gender harassment. It also embraces harassment based on medical conditions, pregnancy, and childbirth. Here are some examples:

• - Physical conduct like assault, touching, or blocking movements.
• - Mistreating a person just because she is female (or he is male).
• - Using sexually degrading words to describe a person or writing obscene notes or letters.

Tags: California attorneys, California State Law, FEHA, sexual harassment
Posted in Attorneys in every State | No Comments »