At Elite Employment Law, we understand that workplace harassment is a serious problem that can be harmful to your professional life and personal well-being. As a California employee, you are protected by some of the most comprehensive anti-harassment laws in the nation.
Our experienced Irvine employment law attorney has a deep understanding of these laws and decades of experience advocating for employees’ rights. If you are being harassed at work, let us help you. Contact Elite Employment Law today to schedule a free confidential consultation.
How Our Irvine Harassment Attorney Can Help You
At Elite Employment Law, we represent employees who have been wronged in the workplace. Our experienced Irvine harassment attorney will evaluate your case and explain your legal rights and options.
We will guide you through the process of filing a complaint with the California Civil Rights Department (CRD) or other relevant agencies and we will negotiate with your employer to try and reach a fair resolution.
If necessary, we will file a lawsuit on your behalf and aggressively represent you in court to protect your rights and seek justice.
We understand that each case is unique, and we tailor our approach to meet your specific needs and goals.
What is Workplace Harassment?
Under the California Fair Employment and Housing Act (FEHA), workplace harassment is defined as unwelcome conduct based on a protected characteristic. These protected characteristics include:
- Race
- Gender
- Age
- Religion
- Disability
- National origin
- Sexual orientation
- Gender identity
Harassment can be either sexual or non-sexual. Moreover, anyone can be a victim of workplace harassment, regardless of their background or position within the company.
Harassment can manifest in various forms, such as:
- Verbal abuse
- Physical contact
- Threats or intimidation
- Offensive jokes or comments
- Displaying offensive images or objects
- Ridicule or mockery
For conduct to be considered harassment under the law, it must be severe or pervasive enough to create a hostile work environment or interfere with an employee’s ability to perform their job duties. The victim must subjectively perceive the conduct as abusive or hostile, and a reasonable person in the victim’s position would feel similarly.
Understanding a Hostile Work Environment
The concept of a hostile work environment is important in workplace harassment cases. According to the Equal Employment Opportunity Commission (EEOC), a hostile work environment is created when harassment is severe or pervasive enough to create an abusive or intimidating atmosphere.
When determining whether a workplace is legally considered hostile, courts typically evaluate four key factors:
- Frequency of the harassing conduct
- The severity of the conduct
- Whether the conduct is physically threatening or humiliating
- The extent to which the conduct interferes with the employee’s work performance
Even employees who are not directly targeted can be impacted by a hostile work environment. For instance, overhearing a colleague consistently make discriminatory remarks can contribute to a hostile atmosphere for everyone in the vicinity.
Common Forms of Workplace Harassment
At Elite Employment Law, we have encountered many types of workplace harassment throughout our decades of practice. Some of the most common include:
- Verbal and Non-verbal Harassment. This can range from derogatory comments and slurs to offensive gestures and intimidating body language.
- Sexual Harassment. This includes unwanted sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature.
- Bullying. While not always based on a protected characteristic, workplace bullying can create a hostile environment through tactics such as verbal abuse, humiliation, or sabotage of work.
- Discrimination-based Harassment. This occurs when an employee is singled out or treated differently due to their membership in a protected class.
- Digital Harassment. Harassment can extend to digital platforms, including email, social media, or internal communication systems.
Important Considerations in Harassment Cases
When dealing with workplace harassment, there are several important factors to keep in mind:
- Statute of Limitations. In California, you generally have one year from the date of the last incident of harassment to file a complaint with the CRD. However, it is best to act promptly to preserve evidence and witness recollections.
- Retaliation is Illegal. Your employer cannot legally retaliate against you for reporting harassment or participating in an investigation. If you experience retaliation, this can form the basis of an additional legal claim.
- Government Employer. If you work for a government agency, there may be additional steps and shorter deadlines for filing a complaint. You should consult with an attorney familiar with these specific requirements.
Contact Our Irvine Harassment Attorney Today
At Elite Employment Law, we are committed to helping you navigate the complexities of workplace harassment cases. Our goal is to ensure your rights are protected and to help you achieve a positive resolution to your situation.
If you are experiencing workplace harassment in Irvine or the surrounding area, let us help. Call us today to schedule your free confidential consultation.