Claim of workplace harassment involve inappropriate conduct such as verbal or written slurs, touching, unwanted advances, and/or intimidation based upon one or more protected characteristic, such as the employee’s gender, race, color, age, religion, national origin, marital status, physical or mental disability, medical condition, sexual orientation or political activities or affiliations.
In order to establish a claim of harassment, the employee usually must show that the harassing conduct was pervasive enough to create a hostile work environment. In determining the level of pervasiveness of the conduct, courts will examine the totality of the circumstances, including the frequency of the conduct, the severity of the conduct, whether it was physically threatening or humiliating, and whether it unreasonably interfered with the employee’s work performance.
Where the harasser is the employee’s supervisor, the employer generally will be strictly liable for the supervisor’s misconduct. If the harasser is a co-worker of the employee, however, the employer may attempt to avoid liability if a supervisor did not know (or should not have known) of the harassment and failed to take immediate and appropriate corrective action. Victims of harassment typically seek compensation for lost wages, emotional distress, punitive damages, attorney’s fees and court costs.
Once an employer is made aware that an employee may have been subjected to unlawful harassment, the employer has a duty under California’s Fair Employment and Housing Act to take prompt corrective action that is calculated to end the harassment, including conducting a prompt, fair and thorough investigation into the alleged harassment and taking steps to prevent future harassment.
If you or a loved one feels that you have been subjected to improper sexual advances, disturbing, suggestive or demeaning comments and/or offensive e-mails, texts or pictures at work or have been made the butt of jokes based upon such things as your gender, race, age, religion, national origin, physical or mental disability, medical condition, or sexual orientation, it is crucial that you retain an experienced attorney who not only understands the intricacies of California’s employment laws, but also is skilled in handling such matters.
The Law Offices of Craig Hubble and the attorneys with whom we work have extensive employment litigation experience, and our experience, tenacity and skill have helped us succeed in this complex area of law. We employ a hands-on, dedicated approach to every matter, and we believe that it is vital that you get the personal attention, emotional support and exemplary representation that you deserve. We are committed to protecting your rights, obtaining the best results for you and helping you get your life back on track towards a bright future. Based in the Los Angeles area, our practice extends throughout California’s state and federal courts.
Contact us today for a free consultation as to your rights and potential remedies. Because these matters are pursued on a contingency basis, there is no fee unless and until you are compensated.