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Sexual Harassment Archives

Sexual Harassment: Quid pro quo vs. hostile work environment

There are two main types of workplace sexual harassment.  The first is quid pro quo.  The second is a hostile work environment.

San Diego Mayor Guilty of Sexual Harassment

San Diego Mayor Bob Filner admitted Thursday "that I need help" in response to several sexual harassment complaints against him.  Despite calls for his resignaton, Filner did not say he would resign.  He apologized for his treatment of women and vowed to change his behavior.  "I'm clearly doing something wrong," he said.

Eggshell Skull Plaintiffs and Sexual Harassment

There is term in the law called "eggshell skull" plaintiff. This refers to a doctrine in tort (i.e. injury) law where the injured person (called the plaintiff in a lawsuit) is unusually susceptible to injury and therefore suffers more than a so-called "normal" plaintiff.  The eggshell skull doctrine does not only apply to physical injuries, but applies to emotional and psychological injuries as often found in sexual harassment cases.

Coping with sexual harassment at work

There are several things victims of workplace sexual harassment can do to deal with the situation. 

The best sexual harassment lawyers - How do you find one?

If you are the victim of workplace sexual harassment, does it matter who you hire to represent you?  Of course it does.  

Workplace sexual harassment - What damages can you recover?

The right to work free from harassment or discrimination based on sex or gender is a civil right in California.  Sexual harassment comes in many forms and includes unwanted and unwelcome visual, verbal or physical conduct that is of a sexual nature or sex-based including requests for sexual favors.  Employees, independent contractors and even job applicants are protected. Both the company and the harasser are liable to the victim of harassment, although, different rules apply depending on whether the harasser is a co-worker or a supervisor.  Companies are strictly liable for harassment by supervisors and managers.  

Sexual Harassment Training Mandatory for Large Employers

California employers having at least fifty employees must provide all supervisory employees located in California with at least two hours of classroom or "interactive" training regarding sexual harassment prevention and correction. This fifty employee requirement includes employees in other states, not just California. The training must be provided at least once every two years. Also, new supervisory employees must receive training within six months after being hired. [See Gov.C. § 12950.1(a),(c)].

Boss' sexual harassment of other employees is admissible

In sexual harassment cases, as with many other types of employment cases, such as racial discrimination, disability discrimination, etc., the harasser or bad guy usually is a repeat offender.  If your boss is sexually harassing you, chances are good that he has done it before.  Indeed, for certain types of sexual harassers, such as those supervisors that force employees to have sexual relationship with them in order to keep their job, it is not even uncommon to find that the harasser has a history of domestic violence, sexual assault, rape or other misconduct towards women.  

For whose sexual harassment are employers liable?

Sexual harassment in the workplace can come from two sources of employees: (1) co-workers; and (2) supervisors. Whether or not an employer is liable for the harassment is viewed differently depending on the type of harasser.

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