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No employee should have to endure unlawful harassment in order to keep their job.
Workplace harassment can take many forms, from unwanted sexual advances and inappropriate comments to repeated conduct targeting an employee because of a protected characteristic. In some cases, employees who speak up about harassment are ignored, blamed, disciplined, or retaliated against for reporting the very conduct their employer should have addressed.
At Yamin Law Group, we represent employees throughout California who have experienced workplace harassment, sexual harassment, hostile work environments, and retaliation for reporting unlawful conduct.
If something at work does not feel right, you do not have to figure out your rights alone.
California law protects employees from workplace harassment based on protected characteristics such as sex, gender, race, religion, disability, age, national origin, sexual orientation, gender identity or expression, and other characteristics protected by law.
Workplace harassment can include verbal, physical, or visual conduct. Depending on the circumstances, unlawful harassment may come from a supervisor, manager, coworker, client, customer, or another person encountered through the workplace.
Not every rude comment, disagreement, or unpleasant workplace interaction constitutes unlawful harassment. Whether conduct violates the law depends on the nature of the conduct, its severity or frequency, the surrounding circumstances, and the reason the employee was targeted.
Sexual harassment does not have to involve physical touching or an explicit request for sex.
It can include unwanted sexual conduct, comments, messages, advances, propositions, gestures, images, or other behavior of a sexual or gender-based nature.
Quid pro quo harassment occurs when employment benefits or consequences are conditioned on an employee accepting or rejecting sexual conduct. Examples may include a supervisor offering a promotion, raise, favorable schedule, or other workplace benefit in exchange for a sexual or romantic relationship, or threatening negative consequences when an employee rejects an advance.
A hostile work environment may arise when unwelcome conduct based on sex or another protected characteristic is sufficiently severe or pervasive to alter the conditions of employment and create an abusive working environment. The conduct does not necessarily need to be directed exclusively at the employee bringing the claim. The entire workplace environment may be relevant.
Sexual harassment is not the only form of unlawful workplace harassment.
California employees may also be protected from harassment based on characteristics such as race, color, ancestry, national origin, religion, disability, medical condition, age, sexual orientation, gender identity or expression, and other legally protected characteristics.
This may include racial slurs, offensive jokes, mocking an employee’s disability or accent, derogatory comments about age or religion, offensive images or symbols, threats, intimidation, or other hostile conduct connected to a protected characteristic.
Employers cannot simply ignore reports of unlawful workplace harassment.
When an employer receives a complaint, it may have an obligation to take appropriate steps to investigate the allegations and take reasonable corrective action when warranted.
An employer’s response to a harassment complaint can therefore become an important part of a potential claim.
Employees should be able to report workplace harassment without fear of losing their jobs.
California law prohibits retaliation against employees for engaging in protected activity, which can include reporting conduct the employee reasonably believes constitutes unlawful harassment or discrimination.
Retaliation may include:
Not every employee reports harassment immediately.
Employees may remain silent because they fear retaliation, depend on their income, believe management already knows what is happening, work directly for the harasser, or reasonably believe that reporting the conduct will not help.
Other damages or remedies available under California law may also apply.
The potential value of a harassment case depends on numerous factors, including the severity and duration of the conduct, who committed the harassment, the employer’s response, whether retaliation occurred, the employee’s economic losses, and the emotional harm caused by the conduct.
Keep copies of documents and communications you lawfully possess, including relevant text messages, emails, photographs, complaints to Human Resources or management, disciplinary documents, performance evaluations, and responses to your complaints.
Consider documenting incidents with dates, locations, witnesses, what occurred, and whether the conduct was reported.
Avoid deleting relevant communications, even if they are upsetting or embarrassing.
Yamin Law Group represents employees who have experienced sexual harassment, hostile work environments, workplace harassment, and retaliation.
We understand that reporting harassment can be deeply personal and that employees are often concerned about their careers, reputations, and financial security.
Our firm carefully evaluates what happened, who was involved, what the employer knew, how the employer responded, whether retaliation followed, and the harm the employee suffered.
