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Legal Definition and Types of Sexual Harassment

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If you have been a victim of sexual harassment on the job, you may be entitled to financial compensation. The San Bernardino sexual harassment attorneys at Skapik Law Group can help you fight for your rights when they have been violated.

Sexual harassment is prohibited on both the federal and state level. Broadly speaking, sexual harassment is a form of discrimination that applies on the basis of sex. If you believe that you have been subjected to sexual harassment at work, contact a sexual harassment lawyer to see if you are able to bring a lawsuit to vindicate your rights.

Schedule a free initial consultation with Skapik Law Group when you need to fight back. Your employer cannot bully or intimidate you, especially when you have the help of our tenacious sexual harassment attorneys.

Sexual Harassment Is Discrimination

Sexual harassment is a form of discrimination that is illegal under both federal and California law. Title 7 of the Civil Rights Act of 1964 states that you cannot be discriminated against on the basis of sex. California law has similar language to the federal civil rights law, and an employer has a legal obligation to take action to stop sexual harassment t from occurring, be it from a supervisor, coworker, or even a customer.

Sexual harassment does not apply to only one gender. Instead, it applies on the basis of sex, whether it is actual or perceived. Sexual harassment can affect anyone at work, and can be committed by a person or persons of the same or opposite gender. Further, sexual harassment can occur at the hands of fellow employees, and it is not just limited to your supervisor.

The Two Types of Sexual Harassment

There are two primary types of sexual harassment that can allow you to file a lawsuit:

  • Quid pro quo: Quid pro quo is literally translated into “this for that.” You might be a victim of quid pro quo harassment if a coworker or supervisor has demanded sexual favors from you in exchange for them to either do or not do something affecting your employment. The exchange could mean that they give you something or that they do not take away something. Oftentimes, the implication (or even the explicit threat) is that if you do not go along with what the harasser wants, you would lose your job. In other cases, you may be offered a promotion in exchange for sexual favors. Regardless of the form, quid pro quo sexual harassment is illegal.
  • Hostile work environment: This type of harassment is when conduct results in an environment that is so offensive and threatening that it makes it impossible for you to do your job. There are many types of conduct that could fall under the umbrella of a hostile work environment. You could have been subjected to jokes or repeated sexual innuendo, whether they are made directly to you or in your presence. Repeated comments either in private or in front of your coworkers could also constitute harassment and create a hostile work environment. Typically, a hostile work environment is the result of multiple repeated incidents; however, on rare occasions, a hostile work environment could be created by a single, particularly egregious incident. This kind of sexual harassment is also illegal and dependent on the specific circumstances to which you were subjected.

Retaliation Is Also Sexual Harassment

There is a third type of sexual harassment, and that is retaliation . You have the right to speak up on the job if you feel that you are the target of sexual harassment.Your employer cannot take any action to punish you for exercising your own rights. However, your employer may illegally retaliate against you if you do attempt to speak up for yourself as a victim of sexual harassment. This type of sexual harassment based on retaliation is also illegal. If you are the victim of retaliation, you may be able to bring a lawsuit to vindicate your rights.

Contact a San Bernardino Sexual Harassment Law Firm

Take the first step to fight back when you contact a sexual harassment attorney at Skapik Law Group . You can speak with one of our sexual harassment lawyers in a free consultation by calling us today at (909) 398-4404.

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