Workplace Harassment Attorney
If you have experienced harassment at work, or experienced employment attorneys will assist you with your legal claims. Contact us today.
Workplace harassment is considered illegal, however there is a fine line with workplace bullying. Legally, your employer is prohibited from harassing you at work. California and Nevada employment attorneys could review your potential workplace harassment claim at your free no risk consultation. During this consultation, we will discuss the different options you have to put an end to this workplace harassment. We believe that no employee should suffer workplace harassment.
It is important to differentiate between harassment and bullying. Several different types of harassment don’t qualify as discrimination. You must be a member of a protected class in order to face discriminatory harassment. Harassment creates a hostile work environment, and several employees are left feeling uncomfortable at work. If you are constantly getting harassed for being in a protected class, contact our attorneys today. We believe that no employee should have to endure harassment. Those who do, should be entitled to compensation for their injuries. Our workplace harassment attorneys have decades of experience representing harassment victims. We have recovered millions for clients.
How to Prove Workplace Harassment
In cases where a single comment has been made, it may be difficult to prove workplace harassment. There are certain circumstances that could assist you in proving your case for workplace harassment against the employer. This includes:
- When the harassment incidents are repetitive
- When the harassment incident is seriously offensive as to cause severe physical injury
- When the harassment has severely interfered with your ability to perform your job
If you have experienced harassment that falls under any one of the above categories, you should talk to your employer about the occurrence. If your employer fails to take any immediate action, contact a skilled employment harassment attorney immediately.
Workplace Harassment California Laws
- Under the California Fair Employment and Housing Act, it is unlawful for an employer to harass an individual because of their race, religion, color, national origin, ancestry, physical or mental disability, medical condition, sex, age, or sexual orientation. Another protected class that has recently been added to this list is when a worker files for family or medical leave. If you or a loved one have suffered harassment because you have fallen in the above-mentioned categories, contact our attorneys today. Under California laws, you could receive compensation for your harassment claim if the harassment has completely altered your condition of employment. Examples of harassment that have altered employment include work-related stress or when the employee takes a leave of absence.
- In California, employees who are filing a claim for workplace harassment must obtain a right-to-sue notice from the California Department of Fair Employment and housing. Without this right-to-sue notice, an employee is not able to file a lawsuit against the employer.
- Is important to note that the time limit for filing a workplace harassment claim in California is one year from the incident.
- An employer faces strict liability for harassment, meaning that the employer will be held liable regardless of proof of fault. If the management knew about the harassment, and failed to make any decisions, the management company could also be held liable for damages.
- Because there are so many complex sets of rules in California, we advise that you seek the assistance of an experienced employment law attorney immediately after being harassed at work. The longer you wait, the more likely your claim may be dismissed.
Sexual Harassment Lawsuits in Las Vegas
Because Las Vegas is one of the top cities of the entertainment and gaming industry, there has been several sexual harassment claims filed yearly. For example, several bartenders and cocktail waitresses report being sexually harassed by their employer, such as being told to wear a specific type of dress or losing weight. Sexual harassment involves offensive conduct such as requesting for sexual favors or unwelcome sexual advances.
Workplace Harassment Examples
From representing workplace harassment clients for decades, we have put together a list of the most common examples that we have seen. This includes:
- Use of racial slurs
- Appropriate jokes
- Commentary on age
- Uncomfortable physical contact
- Physical assault
- Threats to employees person or job security
- Posting offensive Images
- Spreading offenses emails
- Use of degrading comments
- Intolerance for religious customs
- Intolerance for sexual orientation, gender, or gender presentation
- Excluding the employee from the decision-making process
The list above is not exhaustive. If you have experienced any of the above examples, along with any other examples not mentioned, contact our attorneys immediately to determine how you have been affected and how you can file a harassment claim.
Should I Contact My Human Resources Department at Work?
Oftentimes, harassment claims could be sorted out with the company’s human resources department. However, in several cases, harassment claims are not adequately addressed by the human resources department. As a result, many employees feel as if they have nowhere to turn to. Our employment law attorneys are ready and able to take the next steps to protect you if the human resources department fails to stop workplace harassment. It is in your best interest to discuss your claim with our experienced workplace harassment attorneys.
What Are the Different Types of Harassment?
There are several different types of harassment our employment law attorneys deal with. The different types of harassment can include:
- Sexual harassment: this is one of the most common types of harassment at the workplace
- Sexual orientation harassment
- Racial harassment
- National origin harassment
- Religious harassment
- Disability harassment
Other Types of Workplace Harassment
- Discriminatory Harassment. This type of harassment is based on the victim’s perceived inclusion in a protected class. Discrimination-based harassment in the workplace can include bullying someone for their race, religious beliefs, disabilities, age, or sexual orientation. Examples of discriminatory harassment include making racial slurs or jokes, making fun of someone for being a male working in a role often perceived as a woman’s, having intolerance towards religious holidays, refusing to make reasonable accommodations for a disabled employee, or leaving an employee out of workplace meetings or activities because of their age.
- Sexual Harassment. Unwanted sexual conduct, advances, or behavior in the workplace. Examples of this form of harassment can include inappropriate touching or gestures, making sexual comments or jokes, sharing sexual photos, or invading someone’s personal space in a sexual way. Sexual harassment in the workplace is a prevalent issue in industries such as the restaurant or entertainment business. According to a study conducted by the EEOC, over 25% of women have or will face some type of sexual harassment in the workplace.
- Psychological Harassment. Bullying of someone’s psychological well-being. Psychological harassment in the workplace is often verbal but can also involve belittling someone’s ideas, constantly challenging someone, isolating or denying someone’s presence, or spreading rumors about someone.
- Physical Harassment. Also known as workplace violence, this type of harassment involves threats, physical attacks, or even assault. Some examples of physical harassment include threatening behavior, making direct threats of violence, destruction of property, or physical attacks. Workers in the healthcare, social services, education, and public transportation industries are at the most risk for this type of harassment.
- Retaliation. Taking actions to prevent or punish an employee’s involvement in a protected, whistleblower or anti-discrimination activity. This includes enforcing disciplinary actions such as demotion, termination, non-promotion, or non-selection on employees for their participation in protected activities.
- Quid Pro Quo Harassment. A type of harassment where benefits or advantages are offered to an employee in return for sexual favors. This form of sexual harassment can also be used as blackmail.
- Power Harassment. Intimidation, threats, blackmail, or any other sort of harassment driven by a power disparity between the harasser and the victim. Examples of power harassment in the workplace include making excessive or unreasonable demands that cannot be met, intruding into an employee’s personal life, or making demeaning demands which are far below an employee’s capabilities.
- Personal Harassment. The bullying or singling out of a particular employee regardless of their inclusion/exclusion from a protected class. This form of harassment isn’t necessarily illegal in itself, but can still create a hostile or uncomfortable working environment for employees which can harm their well-being and the company as a whole. Examples of personal harassment in the workplace can include making offensive jokes, personally humiliating someone, using intimidation tactics, making critical remarks about a particular employee, or making inappropriate comments.
- Online Harassment. Also known as cyberbullying, online harassment in the workplace creates a hostile work environment for employees through digital harassment on social media platforms or online chat applications. This type of harassment comes in many forms such as sharing humiliating secrets or pictures of someone through email or on a public chat forum, sending harassing messages to the individual, or spreading rumors or gossip about an individual on social media.
What Should I Do If I Have Been Harassed at Work?
The first step to take if you have been harassed at work is to keep a detailed journal documenting the time, place, and details of the harassing event that took place. Don’t forget to also mention witness names and contact witness information who may have experienced the incident. After taking note of what just occurred, contact our experienced harassment attorneys immediately to discuss your claim.
Could My Employer Fire Me for Reporting Harassment?
If you have reported your employer for harassment, it is illegal for your employer to fire you as this is considered to be wrongful termination. This is considered retaliation, and you may have a claim for workplace retaliation if you have been let go for reporting harassment or any other violation in the workplace. Your report should never be held against you by your employer. Examples of retaliation include denying a promotion, demoting your position, or letting you go.
Harassment in the workplace is illegal and there are legal protections in place to help you. Our employment law attorneys will work to investigate your claim and build a case to help you receive compensation for your damages suffered. Our firm is one of the most experienced California and Nevada employment law firms. Contact us to arrange a consultation today.
If you or a loved one has been a victim of harassment at the workplace, contact our California and Nevada harassment lawyers at Heidari Law Group today. We will go through your case during a free no risk consultation period during this consultation, we could determine what the potential next steps are. We have offices located in every major city including Las Vegas, Los Angeles, Irvine, etc. Contact us today.