Los Angeles Sexual Harassment Attorneys 

Overview of Sexual Harassment

Sexual harassment refers to unwelcome conduct of a sexual nature that creates a hostile, intimidating, or offensive work environment. It may also involve situations where employment decisions—such as promotions, raises, or continued employment—are based on submission to or rejection of such conduct.

There are two primary forms of sexual harassment recognized under the law:

• Quid Pro Quo Harassment: This occurs when a supervisor or person in authority demands sexual favors in exchange for workplace benefits or threatens negative consequences for refusal.
• Hostile Work Environment: This arises when repeated or severe behavior interferes with an employee’s ability to perform their job or creates an abusive atmosphere.

Sexual harassment does not have to be overt or physical to be illegal. Even subtle or indirect behavior can violate the law if it is unwelcome and impacts the workplace environment.

Common Examples of Workplace Sexual Harassment

Sexual harassment can take many forms, some more obvious than others. Recognizing inappropriate conduct is the first step toward taking action. Common examples include:

• Unwanted sexual advances or physical contact
• Inappropriate touching, hugging, or brushing against someone
• Sexual jokes, comments, or innuendos
• Sending explicit emails, texts, or images
• Displaying sexually suggestive materials in the workplace
• Repeated requests for dates after being rejected
• Making employment decisions based on gender or sexual favors
• Staring, leering, or making offensive gestures

It’s important to note that harassment can occur between individuals of any gender and does not have to involve a supervisor—it can come from coworkers, clients, or even third parties.

California & Federal Workplace Sexual Harassment Laws

Employees in Los Angeles are protected by a robust framework of both state and federal statutes. While they overlap, California law often provides broader protections for workers.

The Fair Employment and Housing Act (FEHA)

FEHA is the primary California state law prohibiting sexual harassment. It applies to all employers with one or more employees. Under FEHA, employers have an affirmative duty to take all reasonable steps necessary to prevent harassment from occurring. California law is generally considered more employee-friendly than federal law, as it provides a broader definition of "employer" and allows for higher potential damages.

Title VII of the Civil Rights Act of 1964

This is the federal law that prohibits employment discrimination based on sex. It is enforced by the Equal Employment Opportunity Commission (EEOC). Title VII applies to employers with 15 or more employees. While powerful, Title VII has "caps" on compensatory and punitive damages based on the size of the employer, whereas California’s FEHA does not.

SB 1300 and the "One-Time" Rule

California law (SB 1300) clarifies that a single incident of harassing conduct may be sufficient to create a triable issue regarding a hostile work environment if the harassing conduct has unreasonably interfered with the plaintiff's work performance or created an intimidating, hostile, or offensive working environment.

Who is Liable?

Determining liability is a critical step for your Los Angeles sexual harassment attorney. Depending on the circumstances, multiple parties may be held responsible:

• The Employer: Under California law, an employer is strictly liable for harassment committed by a supervisor. This means the employer is responsible even if they didn't know the harassment was happening. If the harasser is a co-worker (non-supervisor), the employer is liable if they knew or should have known of the conduct and failed to take immediate and appropriate corrective action.
• The Individual Harasser: Unlike many other types of employment claims, under California’s FEHA, the individual harasser can be held personally liable for their actions. This means you can sue the individual person who harassed you in addition to the company.
• Third Parties: In some cases, an employer can be held liable for the harassment of their employees by non-employees (such as clients, customers, or independent contractors) if the employer knew of the conduct and failed to act.

Compensation Available to Employees

Victims of workplace sexual harassment may be entitled to various forms of compensation depending on the specifics of their case. At Holtz Matthews LLP, we work to secure the full range of damages available under the law, which may include:

• Lost Wages: Compensation for lost income due to missed work, demotion, or termination
• Emotional Distress: Damages for anxiety, depression, and psychological harm
• Medical Expenses: Costs related to therapy or treatment
• Punitive Damages: Additional compensation intended to punish particularly egregious conduct
• Reinstatement: Returning to your former position if applicable
• Attorney’s Fees and Costs: Reimbursement for legal expenses

Every case is unique, and a knowledgeable Los Angeles sexual harassment attorney can evaluate your situation and pursue appropriate compensation.

Steps to Take if You Experience Sexual Harassment

If you believe you are being harassed at work, taking the right steps can strengthen your claim:

1. Document Everything: Keep records of incidents, including dates, times, and details
2. Report the Behavior: Follow your company’s reporting procedures, such as notifying HR
3. Preserve Evidence: Save emails, messages, or other relevant materials
4. Seek Legal Advice: Consult with an attorney before taking further action

While it may feel intimidating to come forward, the law is on your side, and taking action can help protect your rights.