Sexual Harassment Lawyer in Oakland
Fighting Against Hostile Work Environments
Have you witnessed or experienced sexual harassment in your workplace? You may be wondering what you can do—or even if you should do anything at all. The answer to the latter question is a firm “yes.” Sexual harassment has no place anywhere, especially not in a place where people need to go every day to support themselves and their families.
If you have been the victim of sexual harassment, you should speak with the Oakland sexual harassment lawyer at Benton Employment Law, PC, as soon as possible. Attorney Chambord Benton-Hayes is here to provide the compassionate and effective counsel you need while also aggressively pursuing justice for you.
You and your colleagues don’t have to suffer alone. We are here for you. Call our office at (510) 650-0250 or contact us online to learn how our workplace sexual harassment lawyer can help during a free case evaluation.
Common Examples of Workplace Sexual Harassment
Sexual harassment can take on many forms. It can be a one-off event, or it can be a recurring behavior. Moreover, it can happen in person, over video calls, on the phone, in emails, or on messaging platforms.
Here are some common examples of sexual harassment:
- Flirting
- Touching someone without their consent
- Sexual remarks/comments
- Sexually offensive jokes
- Talking about sex life
- Sharing or displaying sexual images/pornography
- Sexual assault
- Rape
It is important to note that sexual harassment is not only about overt actions. Subtle forms can be equally damaging, such as persistent unwelcome attention or the conditioning of workplace benefits on sexual favors. Ongoing education and awareness in the workplace can empower employees to identify and combat these forms, helping to cultivate a healthier work environment for everyone involved.
How Workplaces Can Foster a Culture of Harassment
Your workplace can feel like a universe completely separated from the world outside. Most jobs operate on a hierarchy system, with employees being subjected to the whims of their employers.
A good relationship with your employer can lead to:
- Promotions
- More opportunities
- Greater income
While a bad one can leave you stressed and worried about job security. For this reason, people are often unwilling to speak up when their boss makes an inappropriate comment or joke.
If you are in a group meeting with your boss and other employees, and someone makes a distasteful joke that your boss laughs at, chances are others in the room will laugh as well, creating even more pressure to stay quiet.
You may feel like you’ll be singled out if you speak up, or that you’ll lose favor with your boss and coworkers. This is one way that harassment, including sexual harassment, develops in the workplace culture.
In addition to active harassment, a toxic work environment may also exhibit signs such as favoritism, lack of proper HR policies, or inadequate training regarding acceptable workplace behavior. These factors can foster a climate where misconduct is ignored or tacitly accepted, making it crucial for employees to recognize and address these issues promptly.
Oakland's Sexual Harassment Laws
In Oakland, both state and federal laws protect employees from sexual harassment in the workplace. California’s Fair Employment and Housing Act (FEHA) mandates that employers take reasonable steps to prevent harassment from occurring. This includes establishing comprehensive anti-harassment policies and conducting regular training sessions for all employees. Additionally, Title VII of the Civil Rights Act qualifies sexual harassment as a form of gender discrimination, making it a violation of federal law.
Employers in Oakland are also encouraged to create clear reporting procedures and engage in prompt, fair investigations into any complaints of harassment. Failure to adhere to these laws can result in significant legal repercussions for employers, emphasizing the necessity for businesses to maintain compliant and safe workplaces. If employees experience or witness acts violating these protections, speaking with a sexual harassment lawyer can help them explore their options for taking action.
Steps to Prevent Sexual Harassment in Your Oakland Workplace
Preventing sexual harassment requires proactive measures by both employees and employers. For business owners, creating a transparent and zero-tolerance policy towards harassment is essential. This policy should be communicated during onboarding and reiterated during periodic training to remind employees of acceptable workplace conduct.
Aside from clear policies, fostering an inclusive company culture where all employees feel comfortable and respected is crucial. Encouraging open communication and feedback allows employees to voice concerns freely. Employees can contribute by staying informed about their rights and participating actively in training sessions. By fostering a collaborative and respectful work environment, everyone can contribute to a safer and more supportive workplace. For experienced guidance, reach out to a sexual harassment attorney near you at Benton Employment Law, PC.
Reach out to a sexual harassment lawyer near you for experienced legal support. Call (510) 650-0250 or complete our online form to start the process promptly.
What Should I Do If I Witness Sexual Harassment at Work?
You may witness sexual harassment in the workplace, but not be the victim of it. In these cases, you will need to tread carefully. The last thing you want to do is make the situation worse for the coworker being harassed. They may have reasons for not speaking out, such as fear of losing their job or skepticism that the situation will improve even if they do complain. You can’t pressure them to file a case, and you can’t make one on their behalf.
Here’s what you can do:
- Speak with your coworker about what you’ve witnessed and listen to what they have to say about it. Be empathetic, don’t try to paint over their experience, and let them know you’re there to listen.
- Interrupt instances of harassment that you witness. You can do this by injecting yourself into the conversation or telling the harasser that you need their help with something so they get distracted.
- Talk with coworkers you trust about the harassment and get a feel for how comfortable the rest of the staff is with this treatment. Keep these conversations focused on the harasser and not the person being harassed. You don’t want to violate their privacy or make them the subject of office gossip.
- Document the instances of harassment that you witness, including the dates, times, and all parties involved. If your coworker decides to file a case, your records can be of use to them.
Often in situations involving workplace sexual harassment, your company will advise you to speak with human resources, but HR works to protect the company, not you. Speaking with an employment law attorney does not mean you are filing a case right away, but it will provide you with a trusted resource to turn to as you figure out what to do next. Not every instance will require legal intervention, however. Sometimes talking with HR will be enough to resolve the problem. However, you want to be sure that you have a backup plan if your HR representative cannot—or does not want to—stop the behavior.
Documentation plays a critical role in such circumstances. Detailing every instance carefully and comprehensively will fortify your position if you decide to consult with an attorney. In addition, training sessions on workplace policies regarding harassment can serve as a preventive measure, enabling staff to better handle such incidents in real-time. Encouraging an open dialogue about these issues not only assists victims but also helps build a more supportive work environment.
For more information, be sure to reach out to a sexual harassment lawyer in Oakland from our firm.
Frequently Asked Questions About Sexual Harassment
What Constitutes Sexual Harassment in the Workplace?
Sexual harassment involves unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature in the workplace. It becomes unlawful when it explicitly or implicitly affects an individual’s employment, unreasonably interferes with their work performance, or creates an intimidating, hostile, or offensive work environment. Recognizing these signs is crucial, as harassment can manifest subtly or overtly through actions, words, jokes, or propositions. If you believe you have experienced sexual harassment at work, contact a sexual harassment lawyer near you right now.
How Do I Report Sexual Harassment at Work?
Reporting sexual harassment usually starts by consulting your company’s HR department or supervisor. Detailed documentation of all incidents, including witnesses, locations, dates, and times, is critical. If internal reporting does not resolve the issue, contacting a sexual harassment lawyer in Oakland can help provide guidance and explore further legal options. Local laws like California’s FEHA ensure protective steps for employees wishing to report harassment.
Can I Be Retaliated Against for Reporting Sexual Harassment?
It is illegal for employers to retaliate against workers who report sexual harassment. Retaliation can include actions like demotions, terminations, or unjustified negative evaluations. If you suspect retaliation, it is important to document all interactions and seek counsel from an attorney. Properly handling these situations can deter employers from such illegal actions and protect your labor rights effectively.
What Are My Rights If I Experience Sexual Harassment at Work?
Every employee in Oakland has the right to work in an environment free from harassment and discrimination. Beyond anti-harassment laws, workers are entitled to confidentiality in investigations, fair treatment, and retaliatory protection. Understanding these rights and participating in mandatory workplace training can empower you as an employee. Consulting with legal professionals is recommended to help navigate complex scenarios and uphold your rights. Connect with a qualified sexual harassment attorney in Oakland as soon as possible.
What Role Does the EEOC Play in Sexual Harassment Cases?
The Equal Employment Opportunity Commission (EEOC) plays a crucial role by enforcing federal laws against workplace discrimination, including sexual harassment. If internal company resolutions are unsuccessful, filing a charge with the EEOC initiates an investigation. They assess allegations, attempt mediation, and can take legal action against employers who do not comply with regulations. Their presence serves as a pivotal resource for protecting employee rights on a national level.
We Are Here When You’re Ready to Take Action
In the workplace, sexual harassment can quickly start to feel normal. The longer it goes on, the more it will feel like a part of the company culture. Don’t let this happen in your workplace. Find out what you can do to stand up against sexual harassment in your workplace.
It doesn’t matter if you are ready to file a case or are just curious about your options; the sexual harassment attorney at Benton Employment Law, PC is here to help. No one deserves to feel uncomfortable in their workspace. Our experienced Oakland attorney can help you understand the law and brainstorm solutions to your problem.
Call (510) 650-0250 or contact us online to schedule your free, no-obligation case evaluation with our sexual harassment lawyer.