Harassment in the Workplace

Workplace harassment on the basis of your race, color, gender, pregnancy, national origin, age, religion, disability, marital status, or sexual orientation is prohibited under the law. Harassment occurs when someone engages in unwelcome conduct in the workplace that creates an environment that is hostile, intimidating, or offensive. For example, your co-worker or supervisor may say or do things that make you feel uncomfortable and you are offended. Also, you may be subjected to racial slurs, derogatory racial jokes or physical intimation on a daily basis that negatively affects your job performance. 

As a victim of harassment, you may feel a whole range of emotions such as stress, frustration, powerlessness, hopelessness, anger, anxiety, depression, and loss of self-esteem. You may decide not to show up to work because of anxiety or depression as a result of the harassment. Depending on your situation, you may have a harassment claim even if the inappropriate conduct was not directed toward you. 

Employees are usually reluctant to report the harassment due to fear of being retaliated against or fired. It is illegal for your employer to retaliate against you however for reporting unlawful harassment. In fact, your employer has an obligation to stop harassment in the workplace.  California employers who become aware of a harassment problem must conduct an immediate and thorough investigation, as well as take appropriate steps to correct the problem.

You do not have to tolerate workplace harassment.  If you feel that you have been harassed, share your experience with Kletter Law Firm by calling 415.434.3400 or schedule an appointment to meet with us.

Sexual Harassment
We can help you if you have been sexually harassed in the workplace.  Sexual harassment is illegal and can take two forms:

• “Quid Pro Quo” (“this for that”): Occurs when a supervisor or your employer offers you a trade of some job benefit (e.g. promotion, pay raise) in exchange for sexual favors.  It also occurs when you are punished in some way because you refused to submit to a supervisor or your employer’s request for sexual favors.
• “Hostile Work Environment”: Occurs when you are subjected to unwanted sexual conduct that is sufficiently consistent and pervasive or severe to alter the terms or conditions of your employment.  For example, the sexual conduct may unreasonably interfere with your work performance or create an abusive, intimidating or offensive work environment. Even non-employees such as a customer or vendor can create a hostile workplace and your employer may be liable for their harassing conduct.

People often think that sexual harassment is when a man harasses a woman because of her gender.  However, it can also involve people of the same sex or a woman harassing a man.  Examples of sexual harassment in the workplace include:

• Touching any part of your body that makes you uncomfortable (e.g. brushing your hands, rubbing your shoulders, hugging);
• Leering or constantly staring at you;
• Sexually suggestive comments;
• Repeatedly asked you out on dates;
• Sexual innuendos;
• Comments about your anatomy;
• Repeatedly asking questions regarding your personal life;
• Sending inappropriate e-mails, texts or links; and
• Excessive attention or flattery.

You do not have to tolerate sexual harassment in the workplace. If you are a victim of sexual harassment, please contact us as soon as possible to discuss your experiences.  We can help you prevent further harassment and also recover damages to which you may be entitled, such as lost wages, emotional distress and punitive damages.