FEHA protects employees from harassment in the workplace and the protected classes include race, color, national origin, religion, marital status, sex, gender, age, disability gender identity, gender expression, and sexual orientation. Our experienced Orange County employment lawyers are here to answer all your questions about harassment on the job. Learn more about the different types of harassment that are prohibited – and how an employment lawyer can protect your rights. Learn more about some of the protected classes below.
The law prohibits discrimination against employees based upon their gender and sexual harassment is a form of discrimination. Sexual harassment is prohibited for this reason: an employee who is the victim of sexual harassment is being treated differently because of her gender. There are two common forms of sexual harassment in the workplace. The first is quid pro quo. In a quid pro quo case, a supervisor requests sexual favors from an employee in exchange for preferential treatment. The “preferential treatment” does not actually have to result in the victim being preferred over employees. In some cases, it is simply the threat of firing an employee who does not comply with the request for sexual favors. Whether the employee is given “perks” in the workplace or simply allowed to keep their job, this is a prohibited form of sexual harassment.
The other form of sexual harassment is known as a hostile work environment harassment. This type of harassment does not have to come from a supervisor. A co-worker can also create a hostile work environment through words, jokes, gestures, physical touching, or other actions that are offensive. An employer becomes liable for this hostile work environment when it is notified of the problem and fails to take reasonable steps to prevent these acts. An environment is “hostile” when the behavior is so severe or pervasive that it would offend any reasonable person. It is not always easy to determine whether a given circumstance qualifies under this definition. When you consult with one of our attorneys, they will be able to determine if your situation qualifies as a hostile work environment.
Employers are also prohibited from harassing employees based on their sexual orientation and gender identity.
The same rule relating to hostile work environment harassment applies to sexual orientation and gender identity harassment cases. Jokes, slurs, gestures, offensive comments and other actions based on a person’s sexual orientation, gender identity, or transgender status can also qualify as a hostile work environment. This is also an important area of harassment law. Unfortunately, LGBTQ+ employees still face harassment in the workplace.
When most people hear “workplace harassment,” they immediately think of sexual harassment, but that is not the only harassment that is prohibited by law. Gender is just one of various classes that are protected. Race, color, and national origin are all protected classes under federal and state law. This means that an employer can be liable if they allow an employee to be harassed for any of these reasons.
There are many misconceptions about racial harassment. For example, it is possible for a victim to experience racial harassment from a member of their own race or ethnic group. Racial harassment can also occur to victims who are biracial or of mixed racial heritage. It is even possible for someone to experience racial harassment aimed at a race they do not identify with. So long as the harasser’s actions were motivated by race, the conduct is prohibited, and it does not matter what the victim’s actual racial identity is. It is important to consult with your own attorney about the specific harassment you have faced at work to determine what the best legal strategy is to protect your legal rights.
If you are experiencing any type of harassment at work, you need to get legal advice from an attorney who is on your side. Remember: the company’s HR and legal departments do not always protect you. Sometimes they only protect the company, and your legal rights may not be protected. By hiring an experienced California employment lawyer, you can get legal advice from someone who is working for you. Your attorney can develop a comprehensive legal strategy before you make any reports (either within or outside the company). Your lawyer will determine the best way to protect your legal rights.
Don’t wait to protect yourself from harassment in the workplace. Even seemingly minor incidents can escalate into dangerous incidents of harassment. It is important to stop inappropriate conduct from the beginning in order to prevent your workplace from becoming unsafe. Let our skilled legal team develop the right strategy for your case as soon as possible.
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