San Jose Sexual Harassment Lawyer

Definition of Sexual Harassment

Sexual harassment involves any unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature.

This unjust treatment can manifest in two primary forms:

• Quid pro quo: Quid pro quo harassment happens when a job benefit is directly linked to complying with a sexual advance. A supervisor or manager often carries it out.
• Hostile work environment: A hostile work environment arises when unwelcome sexual conduct becomes so severe or pervasive that it significantly changes the working conditions, making the workplace abusive. This can include offensive remarks, unwanted sexual advances, sharing explicit material, or even physical contact.

California law protects employees from sexual harassment from supervisors, colleagues, and non-employees such as clients or contractors. The employer is responsible for providing a safe, harassment-free environment; failing to do so may result in legal liability.

Recognizing and Documenting Sexual Harassment

Recognizing and correctly documenting instances of sexual harassment is instrumental in building a robust case against the perpetrator. Examples of sexual harassment behavior can range from the overt, such as unwelcome physical touching, lewd jokes, or sexually explicit emails, to more subtle forms, like spreading sexual rumors, making derogatory comments about someone's sexual orientation or gender identity, or making unwanted romantic advances.

Once you've identified a behavior as sexual harassment, it's essential to document every incident meticulously. Record the date, time, location, people involved, what happened, and witnesses, if any. Preserve any tangible evidence like emails, text messages, or photographs supporting your claim.

Ensuring such incidents are reported promptly is vital. Many companies have specific protocols for reporting sexual harassment, usually involving the human resources department. If your employer does not have a straightforward procedure or fails to take appropriate action, it may be time to seek legal counsel.

Legal Help from a Trusted Firm

The Polaris Law Group’s mission is to protect employees' rights zealously. With experience handling sexual harassment cases, San Jose sexual harassment lawyer Bill Marder understands the profound emotional and professional impact such experiences can have on individuals. He is dedicated to ensuring that those wronged in the workplace don't face their battle alone. His extensive knowledge of state and federal employment law and unwavering commitment to justice means our clients receive quality legal support.

If you believe you've been a victim of sexual harassment in the San Jose area, please reach out. You can call (888) 796-4010 or connect online to schedule a free consultation.