Sexual Harassment
Make no mistake: Sexual harassment is against the law – both federal law and backed up by our California laws. What constitutes sexual harassment under those laws?
Federal law defines harassment as diminished treatment and/or harassment because of sex, gender, pregnancy, childbirth, or related medical conditions.
The law clearly defines sexual harassment as unwanted sexual advances. It need not be entirely physical to violate the law and its victims. It doesn’t have to involve physical contact or assault. Harassment can by physical, verbal or even visual.
Victims can be females harassed by males, or by females. The gender reversal also holds true, men being harassed by women or other men. Gender does not matter. Other examples:
- Unwanted sexual advances
- An offer of job benefits in exchange for sexual favors
- Making or threatening reprisals after a negative response to sexual advances
- Visual conduct, such as leering, sexual gestures, showing sexually suggestive pictures or objects, cartoons or posters
- Verbal conduct, such as making or using derogatory comments and jokes
- Verbal sexual advances or propositions
- Verbal abuse of a sexual nature, suggestive or obscene letters, notes or invitations
Let Dwight Ritter and Associates fight for you.
Latina Worker vs. a Large Fast Food Restaurant
She was young, poor, and a single mother who really needed her low-wage job at a fast food franchise restaurant. So when the man who controlled her paycheck, and therefore her life,, demanded sexual favors, she obeyed. She did it for her 2 year old daughter, so that she could keep her job to provide for her. Finally, she could no longer tolerate his sexual demands and reported her tormentor. When her boss’s illegal actions were discovered, she simply left work and went immediately for psychiatric trauma treatment.
Her ex-employer treated her very unfairly in the litigation and accused her of being at fault, of being the one who started the sex.
Despite this, my client garnered the courage to fight her accusers and ultimately we recovered a substantial sum for her. Hers was a case of bravery in fighting those who sought to intimidate her and abuse her sexually. Ultimately, her rights were vindicated and substantial compensation was paid to her and her child. Although she had everything to lose, she fought back against a powerful corporation and prevailed, and for that she is a hero. To me, to herself and by making the world safer for her daughter.
To discuss a sexual harassment claim with an experienced San Diego personal injury attorney, contact Ritter & Associates at (619) 296-0123 today.
