End Workplace Harassment With SoCal Employment Attorneys

Harassment negatively impacts everyone in a given workplace, which is one of many reasons why it should never be tolerated. Unfortunately, harassment is pervasive in many work environments throughout California and the country. When employers allow, perpetrate or fail to stop harassment of their employees, they can and should face legal and financial liability.

At Employee Justice Legal Group PC, our attorneys are tireless advocates for clients who have been victims of illegal harassment, discrimination, and retaliation for reporting illegal or unethical behavior. If you’re being harassed, we urge you to contact us for a free consultation. Taking legal action may be the best or only way to effectively stop it and make things right. And by coming forward, you are likely protecting others from the harm you have had to endure. By calling free consultation or emailing us here, we can begin helping you fight the harassment you have endured.

Numerous Laws Protect Employees Against Workplace Harassment

Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967 (ADEA), and the Americans with Disabilities Act of 1990 (ADA) protect people from unlawful harassment, including in retaliation for whistleblowing. Common forms of harassment include:

• Consistent unwelcome jokes
• Offensive language
• Making it difficult for people to get things done at work
• Physical assaults or threats
• Slurs and epithets
• Name-calling

Harassment is defined as unwelcome conduct where the conduct is based on a protected class like gender, race, age or disability. We discuss protected classes in greater detail on our workplace discrimination page.

When Is Harassment Illegal?

While most people would agree that harassment is always wrong, many would be surprised to learn that harassment alone is not illegal. For it to be illegal (and for a victim to have an actionable legal claim), workplace harassment has to be based on a protected characteristic and:

• Enduring such offensive conduct becomes a condition of continued employment
• The offensive conduct is so severe or pervasive that a reasonable person would consider the work environment intimidating, hostile or abusive.

Unwelcome harassing conduct includes (but is not limited to) physical assaults or threats, slurs and epithets, name-calling, intimidation, ridicule, or the sharing of offensive pictures and images.

Nearly Anyone May Be Considered A Victim Or A Perpetrator

Obviously, employees who are the target of harassment are considered victims. However, someone may also be a victim if they witness someone else being harassed and are adversely affected by it.

Similarly, harassment can be perpetrated by nearly anyone, including co-workers, supervisors or managers, or an agent of the employer.

The harasser doesn’t even need to work for the company. In restaurants and other service industry jobs, employers must take steps to protect their servers and other workers from harassment perpetrated by customers. This is a common source of sexual harassment complaints.

Harassment Can Lead To Workplace Injury Claims

As mentioned above, harassment alone is not illegal. If you are being harassed but the conduct is not based a protected characteristic, the physical and psychological effects could nonetheless be considered a workplace injury. If you are suffering from severe stress due to the conduct, our attorneys may be able to help you pursue a workers’ compensation claim.

What To Do If You’re The Target Of Workplace Harassment

If you’re experiencing workplace harassment, it’s crucial to take steps to protect yourself and build a case if necessary. Here’s a practical guide:

1. Document everything: Keep a thorough record of an incident, including who saw it, when it happened and what exactly occurred. Save emails, texts or any other evidence that supports your claims.
2. Report to your manager: If you feel safe doing so, take the issue to your manager. This can put the incident on record and make it easier to show your employer was aware of the problem.
3. Escalate to HR: If reporting to your manager doesn’t resolve the issue, or if your manager is the harasser, escalate the matter to your Human Resources department.
4. Seek legal advice: If the harassment continues or your complaints are unresolved, we can help you review your legal options for justice.
5. File a claim/complaint: Once you’ve filed a formal complaint, continue to document any further incidents of harassment or retaliation. Do not antagonize anyone during this time, and remain completely professional while working.
6. Workplace adjustments: While your complaint is being investigated, request reasonable adjustments if necessary, such as a change in work schedule or location, to minimize contact with the harasser.

We can help you through any stage of your harassment, and we are prepared to guide you to the outcome you deserve.

Answering Your Questions

We know our clients have questions about their harassment claims, and we have answers. Before you meet with us, take a moment to gain some extra information about your situation.

What restitution is available in a workplace harassment settlement?

Restitution in a workplace harassment settlement can include monetary compensation for any income you lost, the emotional harm you suffered and even punitive damages. These claims can also cover legal fees and require policy changes or training programs.

What are common excuses employers use to hide harassment?

Employers may use excuses such as claiming the behavior was a misunderstanding, stating it was not severe enough to constitute harassment or suggesting that the victim misinterpreted the actions. They may also allege that you never made a formal complaint, so they were not obligated to address the issue, or even claim that the behavior in question is normal.

What do I do if my employer fires me when I complain about harassment?

If you are fired for complaining about harassment, this could be a case of wrongful termination or retaliation. Be sure to collect any documentation possible about the termination and discuss it with us immediately. We can help you file a claim with the Equal Employment Opportunity Commission (EEOC) or a similar state agency, and pursue legal action against your employer.

Trust Your Legal Matter To A Firm With A Reputation For Results

Our legal team at Employee Justice Legal Group PC has secured many seven-figure and eight-figure settlements and jury awards on behalf of clients in employment law disputes. We have the resources, experience and skill to take on employers of all sizes, including well-funded and high-profile corporations.

To learn more about your legal options, contact our Los Angeles office to request a free initial consultation. You can send us a message online or call 213-669-4771.