What Is Sexual Harassment?

There are two main forms of sexual harassment. First, quid pro quo, in which a supervisor requests sexual favors from a subordinate. The subordinate may be given preferential treatment in exchange for these favors. In some cases, the victim must comply to simply keep his or her job. Quid pro quo sexual harassment is prohibited regardless of whether the victim receives benefits or simply avoids harm.

The second form of sexual harassment occurs when a “hostile work environment” is created. Whether this environment is created by supervisors or coworkers, an employer can be held liable for allowing a hostile work environment to continue without taking reasonable steps to prevent future harm. A hostile work environment must be so pervasive and severe that the reasonable person would consider it to be abusive, intimidating or hostile. Isolated instances are usually not severe enough to meet this standard. A Santa Barbara sexual harassment lawyer can help you determine if your case qualifies.

The Supreme Court has held that sexual harassment is a form of sex discrimination in employment. Because it changes the terms and conditions of employment based on the terms of the victim’s gender, it is prohibited by law, and victims have legal rights and remedies.

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What Should I Do If I Feel I Have Been Sexually Harassed?

If you think you might have been the victim of sexual harassment, it is important to get legal advice as soon as possible. An attorney’s advice can help you stay safe in the workplace and protect your legal rights. Your lawyer will also handle the difficult communications with your employer. An employer must be notified of the harassment and given a chance to remedy it before you can file a lawsuit against them. Your attorney will know what to say, and protect you from accidentally saying something that could hurt your claim. Remember: your employer is not on your side. You are advising them that you potentially have a legal claim against them. The company’s HR department and legal team are hired to be on your employer’s side - not yours. You have the right to get your own legal advice from an independent sexual harassment lawyer.

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The Right Ventura Sexual Harassment Attorneys To Protect Your Rights

The experienced sexual harassment lawyers at The Law Offices of Bamieh & De Smeth serve clients across Ventura and Santa Barbara. Our employment lawyers have years of experience handling all types of gender discrimination. Whether you are the victim of sexual harassment, pay discrimination, pregnancy discrimination or other gender discrimination, our team is here to help you protect your legal rights. Call (805) 643-5555 or visit our website to schedule your free consultation.

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