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Sexual Harassment Information Center

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Frequently Asked Questions about Sexual Harassment

Q: Is it sexual harassment if I ask a co-worker for a date?

A: Many employers have responded to sexual harassment claims, or the threat of such claims, by enacting policies against co-workers dating, or having intimate relationships. While there is no law that requires such a policy, in most states there is also no law that forbids such a policy.

Q: Can my employer retaliate against me for filing a sexual harassment claim?

A: No. Federal law prohibits retaliation against employees who report their employer's illegal conduct, or who file a claim for workplace discrimination. You are also protected from retaliation for appearing as a witness in another employee's sexual harassment lawsuit.

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Many sexual harassment claims are based on the theory that the workplace has become a hostile environment. A hostile environment is one in which the sexual conduct and attentions have become so persistent and pervasive that the average person would think of the environment as hostile or abusive. A hostile environment may be created by employees (or even non-employees) whose conversation is inappropriate and offensive, or who display sexually explicit pictures. Employers have an obligation to make sure that the workplace does not turn into a hostile environment. If your workplace is intolerable, contact an attorney to discuss a possible hostile environment claim.

San Diego Sexual Harassment Attorneys

Employers are required by federal and state law to protect workers from discrimination, including sexual harassment. Lawyers and victims of harassment will tell you, however, that this responsibility is often neglected. At Kalafer Law Corporation, our San Diego employment law attorneys are committed to helping workers who have been subjected to discrimination or harassment based on gender, pregnancy, sexual orientation, childbirth or related medical conditions, marital status, age, or any other status protected under California or federal law.

The information below about sexual harassment law is general. Since every case is unique, if you have questions about your own work environment, please contact our office in San Diego. A sexual harassment attorney will provide a free consultation and case evaluation.

Sexual Harassment - An Overview

Sexual harassment is not a joke. It is not just harmless horseplay between co-workers. Sexual harassment deprives the victim of her or his dignity, and of the right to be treated as an equal of the other employees. Victims of sexual harassment need to know that they have rights, and that there are ways for them to protect those rights. An attorney who is knowledgeable in employment law can advise you on the best ways to protect your rights.

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What is "Sexual Harassment?"

Sexual harassment is a type of employment discrimination consisting of verbal or physical abuse of a sexual nature. It can happen to men as well as to women, and the victim may be of the same gender as the harasser. Harassment is considered discrimination because harassing behavior does not allow the victim the respect each individual deserves in the workplace. The harassment means the victim is treated differently than others at work - meaning that he or she faces discriminatory treatment. Victims of sexual harassment may not be able to work as effectively or without fear, and the harassment may damage their health and put their livelihood at risk. An attorney with experience in handling sexual harassment claims can tell you if you have a claim that the law recognizes as sexual harassment.

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What Can an Employee Do About Sexual Harassment?

Sexual harassment often makes the victim feel powerless. Many victims are even told that there is nothing they can do about the harassment, so they should just be quiet and tolerate it. A victim of sexual harassment does have rights, and there is much that an employee can do to put a stop to harassment. An attorney with experience in handling sexual harassment cases can tell you exactly what you can do to put a stop to sexual harassment.

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Keeping a Sexual Harassment Log

Sexual harassment often consists of several incidents that take place over a period of time. An accurate and detailed written log, or diary, of the incidents will help prove your claim of sexual harassment by providing evidence as to what took place and when. An attorney with experience in handling sexual harassment claims can tell you what type of proof you need in order to bring a sexual harassment claim.

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Coping with Sexual Harassment

Sexual harassment causes serious emotional injuries for its victims. It can also do damage to the career of a victim's career. Getting through the case, and rebuilding your career afterwards, can be just as challenging and draining as the case itself. An attorney with experience in handling sexual harassment cases can offer suggestions and resources to help you deal with the effects of your case.

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