Los Angeles Workplace Harassment Lawyer

Los Angeles Workplace Harassment Attorney

Workplace harassment is not just unfair treatment; it is an issue that also has legal repercussions. Harassment makes a work environment uncomfortable. No one should have to face this kind of treatment in the workplace. If you have been harassed at work, a Los Angeles workplace harassment lawyer can help you seek the justice you deserve.

Why Choose Us?

At the Law Offices of Reisner & King LLP, we have experience in handling harassment cases. People should never be subject to harassment in the workplace. We can use our knowledge and resources to hold the responsible parties accountable.

What Is Workplace Harassment?

Workplace harassment is unfair treatment based on a protected characteristic. The behavior must take place to such a degree that it dominates the workplace, making it abusive, unbearable, hostile, or oppressive. This means that the behavior must go beyond a difficult or unlikeable comment or person. It must meet all elements of the criteria to be considered harassment.

When a person files a claim, they must prove the presence of all elements. This means the plaintiff must prove that:

• The behavior was due to a protected status, such as being based on a person’s race or gender.
• It was severe and unwelcome.
• It had a significant effect on their work environment.

Examples of Workplace Harassment

Workplace harassment must be directed at someone because of a protected characteristic. Some of these protected characteristics include:

• Race
• Religion
• Gender
• Age
• Sexual orientation
• Disability
• Marital status
• Political affiliations
• Military/veteran status

Some common examples of workplace harassment include:

• Making repeated offensive jokes about a particular race or gender
• Offering a raise or promotion in exchange for sexual favors
• Stereotyping a specific group of people, such as those who are part of a religious group or have a different sexual orientation
• Repeatedly touching another employee, even after being asked to stop
• Treating one group of people unfairly, such as only giving men certain benefits and not women

Types of Harassment

In California, there are two types of workplace harassment. These are hostile work environment and quid pro quo.

With hostile work environment harassment, the behavior creates a toxic work environment. The actions may not directly affect a person’s job status, such as the threat of a demotion, but it is still severe enough to create an environment that an average person would consider unacceptable and uncomfortable. An example of this would be constantly making offensive jokes about a person’s disability.

With quid pro quo harassment, a person’s job status is directly tied to the harassment. This means their benefits are at stake, or they may face penalties if they do not comply. An example of this would be if a supervisor asks an employee out on a date and threatens to demote them if they do not accept the date (or promote them if they do).

Regardless of the type of harassment, the behavior must be unwelcome. This does not necessarily mean that the actions were explicitly not consented to since employees can sometimes be afraid to speak up against harassment. In many cases, harassment is generally believed to be unwelcome. However, there may be difficulty in proving it in certain situations, such as if the employee previously engaged in similar behaviors.

Reporting Workplace Harassment

If you experience workplace harassment, you will want to notify your HR (Human Resources) department right away. Even if this feels difficult to do, it is important for a number of reasons. First, it establishes a record of the behavior. Secondly, it gives your employer an opportunity to rectify the situation. Finally, it allows you to file a legal claim later if you need to. In some cases, you cannot file a claim until you inform your HR department of the harassment.

To begin the reporting process, you should first check your company’s policy for filing a complaint. This can usually be found in your employee handbook.

Filing a report also protects you from retaliation. Retaliation is illegal. An employer cannot penalize you for filing a complaint. If, however, you do face retaliation, be sure to document it so there is a report of it. You can also share this with your HR department. If your employer does not try to correct the situation, you can file a complaint with the Equal Employment Opportunity Commission (EEOC) or a formal legal claim.

FAQs

Q: How Much Can You Sue for Workplace Harassment?

A: The amount you can file for workplace harassment depends on the specific circumstances of your case. Factors taken into consideration for a claim include lost wages, pain and suffering, punitive damages, and emotional distress. Generally, the more extreme the harassment is, the higher the payout will likely be for you.

Q: Can You Sue for a Hostile Work Environment in California?

A: Yes, you may file a claim for a hostile work environment if you suffered harassment based on a protected characteristic. The behavior must have been severe enough to create a hostile work environment, meaning it affected your conditions of work. There are protections in place to keep people safe at work from harassment. Submitting a complaint to your HR department or with the state usually precedes filing a legal claim.

Q: How Much Does a Harassment Lawyer Cost?

A: Harassment lawyers typically work based on contingency. This means they do not charge any costs upfront. With contingency fees, the lawyer’s cost is a percentage of whatever earnings you win. Therefore, you will not be charged unless you win a settlement. The exact percentage will be based on how your attorney decides to charge.

Q: What Kind of Lawyer Do I Need for Harassment?

A: For harassment cases, you need an employment lawyer who focuses on harassment cases. These lawyers are typically experienced in handling cases involving hostile work environments, discrimination, and retaliation. An employment attorney can assist you with filing formal complaints, accumulating sufficient evidence, and proceeding through the legal process if your case goes to trial. They can also protect your rights through the process.

Contact the Law Offices of Reisner & King LLP Today

If you have been the victim of workplace harassment, you do not have to go through the aftermath alone. The Law Offices of Reisner & King LLP can help. Contact us today for more information.