The Revelation Law Firm, P.C.
practice area:sexual harassment law
When you have been subjected to sexual harassment or discrimination in your place of employment, the emotional suffering can be unbearable. You can find it difficult to trust co-workers and employers, making it a challenge to find gainful employment. You want a lawyer who understands the full measure of the injuries you have suffered, one who will work with you to find comprehensive solutions to your legal and emotional losses. At the Revelation Law Firm, our attorneys provide holistic counseling through a third party social worker, Yolonda Young Armstrong, to men and women, gay or straight, who have been subjected to sexual harassment or discrimination in the Bay Area in California. We have experience with the difficulties facing the LGBT and trans-gender communities and work hard in support of everyone's right to be free from harassment or discrimination in employment and other venues. We work closely with professionals in other disciplines, including social workers and psychotherapists, to help you address and heal all of the wounds that come with sexual harassment or discrimination. We offer a free consultation to all new clients. To set up an appointment, contact our office online or call 510-665-4195 (toll-free at 888-665-4155).
Protecting Victims of Sexual Harassment or Sex Discrimination
We protect the rights of individuals, male or female, gay or straight, who have been victims of sexual harassment or discrimination at work, asserting your rights under California state law as well as federal law, when applicable. We work with individuals in all professions and industries, including manufacturing, construction and service jobs.
We handle all types of sexual harassment claims, including:
Quid pro quo sexual harassment — We will help you recover damages when you have been threatened with a job-related detriment or promised a job-related benefits in exchange for sex.
The creation of a hostile environment based on sex — If you have been forced to work in an environment where there are repeated threats, jokes, materials or other inappropriate references related to sex or sexual orientation, you may have a claim that your employer has created a hostile work environment. This type of environment can make work stressful and can impact your personal life. Many even choose to resign rather than be subjected to it on a continual basis. We can help you put a stop to the conduct and recover for any injuries suffered.
What Are The Elements Of A Sex Harassment Claim?
Our firm covers cases based on sexual harassment, which is a form of sex discrimination that violates the Title VII of the Civil Rights Act of 1964 and California Fair Employment and Housing Act, also known as FEHA (Government Code §12920 et seq.). Sexual harassment includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature. These instances constitute sexual harassment when submission to or rejection of the conducts explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance, or creates an abusive, intimidating, hostile or offensive work environment. When determining whether harassment has occurred under Federal Law, one should examine the entirety of the circumstances, such as the nature of the sexual advances and the context in which the alleged incidents occurred. A determination of the allegations is made from the facts on a case-by-case basis. Sexual harassment can be found in a variety of circumstances under Federal Law, including but not limited to the following:
* The harasser's conduct must be unwelcome.
* The victim as well as the harasser may be a woman or a man and does not have to be of the opposite sex.
*The harasser can be the victim's supervisor, an agent of the employer, a supervisor, or a co-worker.
*The victim does not have to be the person harassed and can be anyone affected by the offensive conduct.
*Unlawful sexual harassment may occur without economic injury to or discharge of the victim.
Sexual Harassment Under California State Law
The Fair Employment and Housing Act defines harassment due to sex as including sexual harassment, gender harassment, and harassment based on pregnancy, childbirth, or related medical conditions. The Fair Employment and Housing Commission regulations define sexual harassment as unwanted sexual advances or visual, verbal, or physical conduct of a sexual nature. Sexual harassment includes many forms of offensive behavior and includes harassment of a person who is the same sex as the harasser. Under California law, illegal harassment may include, but is not limited to, the following:
* Unwanted sexual advances
* Offering employment benefits in exchange for sexual favors
* Making or threatening reprisals after a negative response to sexual advances
* Visual conduct, e.g., leering, making sexual gestures, displaying sexually suggestive objects or depictions
*Verbal conduct, e.g., making or using derogatory comments, epithets, slurs and jokes
* Verbal sexual advances or propositions
*Verbal abuse of a sexual nature
* Graphic verbal commentaries about an individual's body
* Sexually degrading words used to describe a person; suggestive or obscene letters; notes or invitations
* Harassment based on gender, such as targeting a person for mistreatment because she is female
* Physical conduct, such as touching, assault, impeding or blocking movements
Sexual Orientation Harassment & Discrimination
Our firm also handles discrimination cases based on sexual orientation.In California, it is illegal for an employer to discriminate against an employee because of that employee's sexual orientation or perceived sexual orientation. Thus, if a California employer believes an employee is gay and fires him because of that, it is illegal whether or not the employee is actually gay. Unfortunately, there are no federal statutes prohibiting this type of discrimination.
Frequently, the same actions that violate the laws against sexual orientation discrimination violate other laws as well. It is possible that an employer who is discriminating on the basis of sexual orientation is also discriminating on the basis of gender, age, national origin or race. The law against sexual orientation discrimination is very new, so it is not clear what damages can be received in court. However, it appears that employees can recover their lost wages and other benefits, emotional distress damages, and punitive damages.
Contact the Revelation Law Firm
For a free initial consultation, contact us by e-mail or call us at 510-665-4195 (toll-free at 888-665-4155). Evening and weekend consultations can be arranged by appointment. We accept Visa and MasterCard.
Copyright 2011 The Revelation Law Firm, P.C. . All rights reserved.
