Every year, many businesses throughout the country enjoy hosting holiday gatherings. While seasonal celebrations are very common during this time of the year, it is also common for some employees to experience sexual harassment during such gatherings. The fun get-togethers are the perfect atmosphere for sexual predators to mingle. Although most events aren’t held at work or during business hours, they are still part of the employment. In other words, the employer is generally liable for sexual harassment during office parties.
What Constitutes Sexual Harassment?
It includes disrespectful language and sexual advances as well as physical or verbal harassment such as requests for sexual favors. Sometimes predators create a hostile and abusive atmosphere. Whether it occurred only one time or on several occasions, this behavior is wrong and illegal. Sometimes the conduct is hostile or embarrassing and it may also interfere with the worker’s performance. A California sexual harassment lawyer needs to take a closer look at your circumstances and determine whether or not they constitute sexual harassment.
Types Of Sexual Harassment
Sexual harassment can come from anyone, a co-worker, a supervisor, or even a client. This behavior is unacceptable and offensive. Victims don’t have to show signs of long-term abuse in order for the harassment to be illegal. Sexual harassment is classified into two categories:
- Quid pro quo” harassment: This is when a supervisor or authority promises the employee something in return for a sexual favor request.
- Hostile environment harassment: These claims involve abuse or a hostile office work environment that permits or encourages such behavior.
When Is The Employer Responsible For Such Conduct?
The employer is responsible for this inappropriate behavior. Supervisors should not abuse their authority or allow sexual harassment at work. If employers do nothing to correct the situation, they are held liable for this offensive conduct. However, if employers have implemented a harassment policy but a worker or supervisor failed to follow it, they should not be held responsible for any incident of sexual harassment under such circumstances.
Damages You May Be Entitled To
Some of the damages an employee victim of sexual harassment can claim to include:
- Medical and psychiatric care
- Pain and suffering
- Punitive damages
It is important you have a copy of the harassment policy. It should include details about how such conduct is inappropriate and cite a few examples of this type of behavior together with details about where or to whom these incidents should be reported.
Find Legal Help Today
Sexual harassment is most likely to happen during a holiday party. In order to protect yourself, you must first understand the laws that apply to your specific situation. This is only possible with the help of an experienced California sexual harassment attorney. Harassment is illegal as long as the conduct is unwelcome and inappropriate. But the victim must first gather clear and convincing evidence in order to prove how the harassment took place. Contact us today and schedule your initial case assessment with one of our talented personal injury attorneys.