San Francisco Employment Lawyer Blog

Did you know that religious discrimination is prohibited under both California and federal law? Under the law, your boss may not treat you differently based on your religion in relation to the “terms and conditions” of employment. Terms and conditions relate to scheduling, salary, training opportunities, titles, vacation time, etc. Under federal law, a boss must make reasonable accommodations for a person’s religious beliefs or practices. The employer is only exempt from this requirement if the accommodation would be an undue burden on the employer. This means that the employer would not have to accommodate the request if it would pose a substantial economic burden.

In addition, it is also against the law for your boss to ask your religious beliefs. Often times, religious discrimination may be connected with national origin discrimination. Under federal law, an employee cannot be forced to participate, or not participate, in a religious activity as a condition of employment. Recently, Alliance rental Center was charged with religious discrimination. The lawsuit alleged that the company violated the rights of a Jehovah’s Witness employee. The company had a “Red Shirt Friday” dress code that was implemented to show support for the U.S. Military. However, the employee’s religion forbid him from expressing opinions about government or political issues. The worker sought to be excused from the dress code, but was reprimanded for not complying. The employee was later fired.

If you have been a victim of religious discrimination, get help today. Call the experienced team of employment attorneys at Greenberg & Rudman LLP. You can reach us at 1-800-ALAWPRO or 1-800-252-9776 for a free consultation. You can also visit us at www.discriminationattorney.com to learn more.

Pregnancy discrimination is a growing problem in today’s workforce. In the past few years the Equal Employment and Opportunity Commission (EEOC) has seen a rise in pregnancy discrimination complaints. In 2006, the EEOC received over 4,900 complaints. This number increased to over 5,500 in 2008. The year 2006 has also seen a dramatic increase to 6,200 allegation of pregnancy discrimination. If you think that you may be a victim of pregnancy discrimination, you can get help.

Pregnancy discrimination is against both California and federal law. Under the law, discrimination based on pregnancy, childbirth, or related medical conditions is prohibited. In addition, discrimination based on “potential” pregnancy is illegal. For example, this means that your boss cannot prohibit you from working a particular position or job because you are female and have the ability to become pregnant. Aside from the duty not to discriminate, employers also have a duty to accommodate pregnancy. This means that if you become pregnant and your doctor advises you to seek a position that is less strenuous or hazardous, your boss must transfer you to another position if he is able. Or, he must create another position if it does not unduly burden him.

Under federal law, an employer does not required to grant Pregnancy leave. However, it does require employers to grant medical leaves that are applicable to pregnant women. Under California’s Fair Employment and Housing Act, pregnant women are specifically given the right to take a leave of absence for a reasonable time period that does not exceed four months. An employer may also require their employee to provide them with reasonable notice prior to taking a leave of absence. In addition, a employer can ask how long the leave is expected to last.

If you have been denied pregnancy leave, or if your boss has discriminated against you because you are pregnant, get help now. Our team of attorneys at Greenberg & Rudman LLP is here to help support you during this difficult time. You can reach us at 1-800-ALAWPRO or 1-800-252-9776 for a free consultation. You can also visit us at www.discriminationattorney.com to learn more. We can help you fight for your rights at work.

A McDonald’s franchise was recently sued for allowing the continual harassment of a worker with a mental disability. The lawsuit was brought by the Equal Employment and Opportunity Commission (EEOC) against the company. The alleged victim of the discrimination, Timothy Artis, was called derogatory names and received physical threats. Artis was called “dumb,” “retarded,” and “stupid.” The lawsuit also claimed he was threatened with a box cutter, shoved, and pushed at work.

The federal Americans with Disabilities Act (ADA) forbids employers from discriminating against employees on the basis of a disability. California’s Fair Employment and Housing Act (FEHA) also prohibits this type of discrimination. The ADA applies to employers with 15 or more employees, and FEHA applies to employers with 5 or more employees. Under the ADA, a boss is prohibited from discriminating against a qualified individual with a disability in relation to hiring, firing, salary, job training opportunities, etc. A qualified individual with a disability is one who is able to perform the tasks of the job with or without reasonable accommodation. “Reasonable accommodation” may include making existing facilities usable by employees with disabilities, job restructuring, modifying schedules, acquiring or modifying equipment or devices, etc.

If you have been a victim of disability discrimination, stand up for your rights at work. In 2008 alone, the EEOC received over 19,400 charges of disability discrimination and recovered over $57.2 million in damages. Call our team of experienced attorneys at Greenberg & Rudman LLP. You can reach us at 1-800-ALAWPRO or 1-800-252-9776 for a free consultation. You can also visit us at www.discriminationattorney.com to learn more. We are here for you.

The Equal Employment and Opportunity Commission (EEOC) recently sued a company, Smith International Truck Center for allegedly having a history for discrimination against workers with mental illness. The EEOC argues that the company relied upon “myths, fears and stereotypes about mental impairments” and wrongfully fired a worker who took medical leave for a mental health issue. The lawsuit claims that the worker, Stephen Kerns, took a week off to receive medical treatment and have his dosage of medication adjusted. Kerns was fired briefly after returning to work without restrictions. The EEOC is arguing that Kerns was fired for his “perceived disability.” This is in violation of the Americans with Disabilities Act (ADA).

The Americans with Disabilities Act is a federal law that prohibits private employers, state governments, local governments, employment agencies, and labor unions from discriminating against a “qualified individual” with a disability in relation to hiring, firing, promotions, salary, etc. Under the act, a person is considered “disabled” if they have a physical or mental impairment that substantially limits one or more major life activity, has a record of such an impairment, or is regarded as having such an impairment. A “qualified individual” with a disability is one who can perform the essential tasks of the job with or with reasonable accommodation.

If you feel that your boss may be treating you differently because of your mental illness, you may be able to sue. If you would like more information, contact the skilled employment attorneys of the San Francisco area. You can reach us at 1-800-ALAWPRO or 1-800-252-9776 for a free consultation. You can also visit us at www.discriminationattorney.com to learn more.

A female firefighter recently sued her city for sexual harassment. The worker alleges she was subjected to harassment and improper conduct by male co-workers in the fire department. The harassment included allegations that pornography was prevalent at the firehouse and a male firefighter ejaculated on her bedding. If you have also be subjected to similar debasing behavior by male colleagues, know you are not alone.

Sexual harassment is illegal under California law. There are two main types of harassment, and you may be a victim of one or both types. The first type of harassment is called “quid-pro-quo” harassment. “Quid-pro-quo” is a Latin term that means “this for that.” This type of harassment is in essence a “trade.” The classic example of this type of harassment occurs if your boss asks you for sexual favors in exchange for a promotion or a raise. The second type of sexual harassment is known as the “hostile workplace” environment. Under this type of harassment, a manager or co-worker behaves in an offensive manner that makes an employee feel uncomfortable because of his or her sex. The offensive behavior must also be severe and pervasive. Therefore, you may have been a victim of hostile workplace harassment if your boss offers up daily sexual jokes that make you uncomfortable.

If you are not sure if you have experienced sexual harassment, call the skilled lawyers at Greenberg & Rudman LLP. We are here to help you. You can reach us at 1-800-ALAWPRO or 1-800-252-9776 for a free consultation. You can also visit us at www.discriminationattorney.com to learn more.

Speech disorders, also known as speech impediments, are communication disorders that interrupt “normal” speaking patterns. Speech disorders include stuttering, lisps, and vocal dysphonia. If an individual’s speech impediment causes them to be completely unable to speak, they are considered mute. Speech disorders are often times caused by hearing loss or neurological disorders. Most disorders can be treated with speech therapy.

If you have a speech disorder, you may be an unknowing victim of employment discrimination. Some examples of ways in which your employer may have discriminated against you include not allowing you to miss work for medical appointments, not accommodating your need to take a reasonable time off of work, not providing you with reasonable on-site accommodation for your disability, and/or not allowing you to attend speech therapy sessions.

If you have been a victim of discrimination based on your speech disorder, you may be able to bring a lawsuit against your boss. In order to sue, you must be able to show that you are disabled, regarded as disabled, or have a past history of being disabled. In addition, you must be able to show that your speech disorder has resulted in physical limitations, that you can still perform the essential tasks of your job, and that your boss has taken an adverse action against you. An “adverse action” may include a refusal to hire, termination, demotion, etc.

If your boss has discriminated against you because of your speech impairment, get help today. Contact the team of experience lawyers at Greenberg & Rudman LLP. You can reach us at 1-800-ALAWPRO or 1-800-252-9776 for a free consultation. You can also visit us at www.discriminationattorney.com to learn more. We are here for you.

Martinez, California is located in Contra Costa County. This town is home to over 33,800 residents. Martinez has several “claims to fame” including being the home of the famous baseball player Joe DiMaggio and the original “The Martinez” Martini. The members of this community are predominantly Caucasian. However, Martinez also has a large population of Hispanic/Latino individuals consisting of 13 percent of its total population.

If you live in the Martinez area, you should be aware that your boss may not discriminate against you based on your race. This means that your boss may also not favor a white employee over a non-white employee. In addition, your employer is also prohibited from discriminating against you based on your gender, disability, religion, sexual orientation, and/or age (over 40 years). Also, harassment based on any of the previously mentioned characteristics is against the law.

Don’t let your boss treat you in a discriminatory manner, and do not tolerate harassment in the workplace. If you have been a victim or discrimination or harassment, contact the skilled attorneys at Greenberg & Rudman LLP. You can reach us at 1-800-ALAWPRO or 1-800-252-9776 for a free consultation. You can also visit us at www.discriminationattorney.com to learn more. We will help you fight for your rights at work.

Are you a male employee who has been harassed by his female supervisor or manager? While you may think that all sexual harassment victims are women, sexual harassment claims by men are now around 16 percent. The Equal Employment and Opportunity Commission (EEOC) filed a lawsuit law week against Festiva Resort Services, Inc. One female supervisor of the company continually sexually harassed a male subordinate. The harassing behavior included both verbal and physical harassment. The company, however, refused to correct this problem.

There are two main types of sexual harassment, and both types are illegal. The first type of sexual harassment is called “quid-pro-quo” harassment. “Quid-pro-quo” is a Latin term meaning “this for that.” This type of harassment is, in essence, a trade. A classic example of “quid-pro-quo” harassment is if a supervisor asks an employee to sleep with him in exchange for a promotion. The second type of sexual harassment is known as the “hostile workplace.” This type of harassment occurs when a worker is made to feel uncomfortable because of his or her sex as a result of an employer’s offensive behavior. The offensive behavior must also be severe and pervasive. Therefore, if you were offended by a one-time sexual joke made by a co-worker, this may not be sexual harassment. However, if the co-worker made sexual jokes on a daily basis, this may constitute sexual harassment.

If your female boss has been sexually harassing you by saying inappropriate things or touching you in an inappropriate way, you are not alone. Don’t be embarrassed to protect yourself. The attorneys at Greenberg & Rudman LLP are here to help you. You can reach us at 1-800-ALAWPRO or 1-800-252-9776 for a free consultation. You can also visit us at www.discriminationattorney.com to learn more.

The Equal Employment and Opportunity Commission (EEOC) just recently settled a lawsuit for $415,000 against a credit card processing company for racial harassment. The lawsuit alleged that company harassed African American workers with racial slurs and epithets. The racially hostile work environment included extreme verbal abuse including referring to African American workers with the N-word, calling them “porch monkeys,” and forcing them to play “Civil War games” where employees were divided into North and South. The supervisors also referred to employees’ black or mixed race children as “porch monkeys” or “Oreo babies.”

Racial harassment is often linked to racial discrimination. Both racial discrimination and racial harassment are illegal under California law. Under the law, an employer may not discriminate against an employee on the basis of their race in relation to the “terms or conditions” of employment. “Terms and conditions” include things such as salary, vacation time, position, title, etc. “Race” is generally defined as a person’s ancestry or ethnic characteristics. Discrimination based on association is also illegal. Therefore, your boss may not discriminate against you because you are married to, or friends with, a person of a certain race.

If you believe that you have been a victim of racial discrimination or racial harassment you are not alone. It is not only unfair, but it is illegal, for your employer to refer to you through the use of racial slurs or derogatory terms. Contact our skilled team of lawyers at Greenberg & Rudman LLP. You can reach us at 1-800-ALAWPRO or 1-800-252-9776 for a free consultation. You can also visit us at www.discriminationattorney.com to learn more. We are here to help you fight for your right to a non-hostile workplace.

Sexual harassment is a growing concern in the California workplace. The Equal Employment and Opportunity Commission (EEOC) received 12,510 allegations of sexual harassment in 2007 and 13,867 allegations in 2008. The EEOC recovered $47 million in damages for sexual harassment cases in 2008 alone. Sexual harassment is a complex area of law. There are two basic types of sexual harassment. The first type of sexual harassment is quid-pro-quo harassment. This type of harassment occurs when an employer asks an employee for a sexual favor in exchange for a work related benefit. Quid-pro-quo harassment also works in the reverse. Therefore, quid-pro-quo harassment also includes when an employer threatened to fire an employee unless she sleeps with him.

The second type of sexual harassment is known as the “hostile work environment.” This type of harassment occurs when an employee is made to feel uncomfortable because of his or her sex because of something that a boss, co-worker or supervisor says or does. In order for the hostile work environment to be present, the co-worker’s conduct must not only be offensive, but it must also be severe and pervasive. This means that if a boss makes a one-time lewd joke, this is likely not hostile work environment harassment. However, if your boss makes repeated offensive sexual jokes, this may very well be hostile work environment harassment.

The EEOC recently brought a case against a historic inn and spa. The inn allegedly allowed several female employees to be continually sexually harassed. The lawsuit alleges that male employees repeated engaged in offensive behavior including grabbing women’s breasts, humping women, slapping female worker’s buttocks, and kissing them. If you have also been a victim of sexual harassment at your job, you should stand up for your rights. The attorneys at Greenberg & Rudman LLP are here to help you. You can reach us at 1-800-ALAWPRO or 1-800-252-9776 for a free consultation. You can also visit us at www.discriminationattorney.com to learn more.

Just this past week the Equal Employment and Opportunity Commission (EEOC) brought a lawsuit against an East Coast company for religious discrimination. The lawsuit alleges that the company refused to allow an employee to take time off on to observe her Sabbath. The employee was a member of Israel of God, and her religion prohibited her from working Friday sundown to Saturday evening. After her employer refused to accommodate her request, the employee was fired.

Both California and federal law prohibit employers from this type of behavior. Under the law, bosses may not discriminate against a worker on the basis of their religion in relation to any of the terms and conditions of employment. “Terms and conditions” of employment include salary, work schedules, position, title, hours worked, etc. However, an employer does not have to accommodate a worker’s religious beliefs if that accommodation would pose an undue hardship on the employer. An “undue hardship” may be found if the accommodation would cause substantial economic hardship on the employer. Most of the times, a religious accommodation does not constitute an undue hardship.

Religious discrimination is not a small issue. In 2008 alone, the EEOC received over 3,200 allegations of religious discrimination. If think that you may be a victim of religious discrimination, or if you want to find out more, contact the skilled attorneys at Greenberg & Rudman LLP. You can reach us at 1-800-ALAWPRO or 1-800-252-9776 for a free consultation. You can also visit us at www.discriminationattorney.com to learn more.
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Disability discrimination lawsuits are on the rise. If you think that you may be a victim of discrimination based on your medical condition, you are not alone. The Equal Employment and Opportunity Commission (EEOC) has received a growing number of complaints throughout the years. In 2006, the EEOC received 15,575 complaints. This number rose to 17,734 in 2007. The number of complaints jumped again in 2008, totaling 19,453.

The EEOC recently brought a suit against a large supermarket chain, Jewel-Osco. The corporation had discriminated against individuals with disabilities by prohibiting workers on a one-year paid disability leave from returning to work unless they could commence work without any mental or physical restrictions or accommodations. If the employees could not meet this standard, they were terminated after their one-year disability leave was over.

If you have also been a victim of disability discrimination, you should know that both California and federal law protect you. Under the law, an employer may not discriminate against a qualified individual with a disability. An individual is considered disabled if they have a physical or mental impairment that substantially limits one or more major life activities, if they have a record of having such an impairment, or if they are regarded as having such an impairment. An individual is considered a “qualified individual” with a disability if they are able to perform the essential tasks of the job with or without reasonable accommodation. Reasonable accommodations include modifying work schedules, acquiring or modifying equipment or devices, making existing facilities usable by persons with disabilities, job restructuring, etc.

If you believe that your employer has treated you differently because of your disability, or if you have been denied a job that you were qualified for because of your disability, you should speak with our team of experienced attorneys. The attorneys at Greenberg & Rudman LLP are here to help you. You can reach us at 1-800-ALAWPRO or 1-800-252-9776 for a free consultation. You can also visit us at www.discriminationattorney.com to learn more.

The Americans with Disabilities Act (ADA) protects qualified disabled individuals from being discriminated against based on their disability in relation to the terms and conditions of employment. The ADA is a federal law that applies to private employers, state governments, local governments, employment agencies, and labor unions. The ADA applies to employers with 15 or more employees. California law also prevents discrimination based on disability under its Fair Employment and Housing Act (FEHA). FEHA applies to employers with five or more employees. If your boss has discriminated against you because of your disability in relation to the terms and conditions of your employment, you may be able to sue. “Terms and conditions” include salary, position, work schedule, hiring, firing, job training, etc.

Under the ADA, a person is considered disabled if they have a physical or mental impairment that substantially limits one or more major life activities, has a record of having such an impairment, or is regarded as having such an impairment. California’s definition of “disability” is very similar but it is also broader than the federal definition. In addition, an employer has a duty to provide reasonable accommodations to disabled employees. A “reasonable accommodation” may include purchasing or acquiring modifying equipment or devices, providing qualified readers or interpreters, restructuring jobs, modifying work schedules, making existing facilities usable by employees with disabilities, etc.

In a recent case brought by the Equal Employment and Opportunity Commission (EEOC) against an East Coast medical center, the EEOC alleged that the company discriminated against an employee with neurofibromatosis and stroke-related conditions. The employee was given clearance by his doctor to return to work in May 2006 without restrictions. However, the company declared him incapable of working and failed to accommodate his disability. In June 2006 he was fired. If you have also been a victim of disability discrimination, get help by calling the experienced lawyers at Greenberg & Rudman LLP. You can reach us at 1-800-ALAWPRO or 1-800-252-9776 for a free consultation. You can also visit us at www.discriminationattorney.com to learn more.

Abercrombie and Fitch was recently sued by a Muslim application who alleges she was denied the position because she wore a hijab. A hijab is a headscarf worn by some Muslim women as a way of observing their religious beliefs. The Equal Employment and Opportunity Commission (EEOC) brought the suit on her behalf. The lawsuit alleges the applicant, Samantha Elauf, was denied the position because the hijab violated the company's “Look Policy.” The policy prohibits employees from wearing head coverings.

Religious discrimination is illegal under both California and federal law. Under the law, employers cannot discriminate against someone based on religion in relation to the “terms and conditions” of employment. “Terms and conditions” include things such as salary, position, title, pay, hiring, firing, demotions, promotions, etc. Under federal law employer must also make reasonable accommodations of a person's sincere religious beliefs or practices in the workplace. However, the employer is not obligated to do this if the accommodation would be an undue hardship on the employer. An “undue hardship” typically includes anything that poses a substantial financial burden.

If you think you have been a victim of religious discrimination, you should also be aware that religious discrimination is often connected with racial or national origin discrimination. If you think you may have been a victim of these or any types of religious discrimination, call our team of employment lawyers for help. You can reach us at 1-800-ALAWPRO or 1-800-252-9776 for a free consultation. You can also visit us at www.discriminationattorney.com to learn more.

Tourette Syndrome is a brain condition that often develops in an individual’s childhood. This disease is characterized by physical and vocal tics. “Tics” are sudden, involuntary, and repetitive utterances or movements. Most people think of this disease as being characterized by an individual’s unexpected outbursts of obscene and inappropriate words. However, in real life, only a small percentage of people suffering from Tourette Syndrome have those particular symptoms. Often times, individuals with this condition have tics in the form of eye blinking, coughing, throat clearing, and facial movements. Some tics may be controlled with a combination of therapy and medication.

If you have Tourette Syndrome, you may be a victim of discrimination without realizing it. Some examples of ways in which your employer may have discriminated against you include not allowing you to miss work for medical appointments, not accommodating your need to take a reasonable time off of work, not providing you with reasonable one-site accommodations for your disability, and not allowing you to miss work to undergo psychotherapy or behavioral therapy sessions.

If you think that you may be a victim of discrimination based on your Tourette Syndrome, you may be able to bring a lawsuit against your employer. In order to do this, you must be able to show that you are disabled, regarded as being disabled, or have a past of being disabled. In addition, you must be able to prove that your Tourette Syndrome has resulted in physical limitations, that you can still perform the essential tasks of your job, and that your boss has taken an adverse action against you. An “adverse action” may include termination, demotion, or refusal to hire.

If you think that you may be a victim of discrimination based on your Tourette Syndrome diagnosis, you should contact our team of skilled attorneys. We will help you fight for your rights at work. You can reach us at 1-800-ALAWPRO or 1-800-252-9776 for a free consultation. You can also visit us at www.discriminationattorney.com to learn more.

Campbell, California is home to over 36,000 residents. While this city is not a major party of the Silicon Valley technology industry, it is the original home to eBay. Campbell is part of Santa Clara County and has a significant Asian and Hispanic/Latino population. Over 14 percent of Campbell’s inhabitants identify as Asian and around 16 percent identify as Hispanic or Latino.

If you live in the Campbell area, you should know that your race should not be a point of controversy at your workplace. Discrimination based on race, gender, disability, religion, sexual orientation, and/or age (over 40 years) is illegal in California. In addition, harassment based on any of these characteristics is also illegal. In fact, harassment and discrimination are often linked together. For example, a person who is discriminated against based on their race or national origin may also be fighting racial or national origin harassment.

If you think you may be a victim of any type of discrimination or harassment, you should seek professional advice immediately. The skilled attorneys at Greenberg & Rudman LLP are here to help you. You can reach us at 1-800-ALAWPRO or 1-800-252-9776 for a free consultation. You can also visit us at www.discriminationattorney.com to learn more.

Allegations of race-based discrimination in the workplace have been steadily rising over the years. In 2006, the Equal Employment and Opportunity Commission (EEOC) received 27,238 complaints of racial harassment in the workplace. This number rose to 30,510 in 2007. The number of allegations continued to rise in 2008 and totaled 33,937. Race-based discrimination is illegal under both federal and California law. Under the law, an employer cannot discriminate against a worker based on their race when it comes to any of the “terms and conditions of employment.” Terms and conditions include things such as salary, vacation time, titles, job positions, etc.

“Race” is typically defined as a person’s ethnic characteristics or ancestry. Not only is it illegal to discriminate based on race, but an employer may also not discriminate based on color. For example, an employer may not favor one job applicant over another because they have more “Caucasian features” than another job applicant. Race discrimination is also illegal when it comes to discrimination based on association with people of a particular race. Therefore, your employer may not discriminate against you because you associate with, or are married to, a person of a certain race.

Recently, an American division of one of the world’s largest beverage can manufacturers settled a race discrimination lawsuit. The company agreed to pay $30,000 to a worker who had alleged he was treated differently from other workers because he had Hispanic and Mexican roots. If you have also been a victim of racial or national origin discrimination, get help today. Talk to our team of experienced attorneys at Greenberg & Rudman LLP. You can reach us at 1-800-ALAWPRO or 1-800-252-9776. Call us for a free consultation. You can also visit us at www.discriminationattorney.com to learn more.

The United Parcel Service, Inc. (UPS) has been sued by the Equal Employment Opportunity Commission (EEOC) in a class action lawsuit. The EEOC alleges that UPS violated the Americans with Disabilities Act (ADA) by rejecting an extension of medical leave as a reasonable accommodation for its employees with disabilities.

If you too have been a victim of disability discrimination, you should be familiar with the requirements of the ADA. Under this Act, employers with 15 or more employees are prevented from discriminated against qualified individuals with disabilities in relation to hiring, training, firing, promotions, salary, and more. A person is considered to be disabled if they have a physical or mental impairment that substantially limits one or more major life activities, has record of such an impairment, or is regarded as having such an impairment. A “qualified” employee with a disability is a person who can perform the essential tasks of a job with or without “reasonable accommodation.” Reasonable accommodation may include modifying schedules, acquiring equipment or devices, restructuring jobs, or making existing facilities accessible and usable to individuals with disabilities.

If you have been a victim of disability discrimination, you are not alone. In 2008 alone, the EEOC received 19,453 charges of disability discrimination. Out of these allegations, the EEOC resolved 15,708 and recovered $57.2 million in damages. Don’t take on this fight alone, call the skilled team of attorneys at Greenberg & Rudman LLP for a free consultation. You can reach us at 1-800-ALAWPRO or 1-800-252-9776. You can also visit us at www.discriminationattorney.com to learn more.

Have you faced repeated unwanted sexual advances at work? Have you been forced to listen to offensive sexual innuendo time and time again? Sexual harassment is a serious issue in Northern California and throughout the country. There are two main types of sexual harassment. Both type of sexual harassment are against the law. The easiest type of harassment to recognize is “quid-pro-quo” harassment. This type of harassment occurs when a worker is asked to trade sexual favors for job-related benefits. However, this type of harassment also occurs if a worker is blackmailed to provide sexual favors in order to keep their job.

The second type of sexual harassment is the “hostile work environment”. This type of sexual harassment occurs when an employer, manager, supervisor, or co-worker does or says something that makes an individual feel uncomfortable because of his or her sex. Both the victim and the harasser may be of either sex. For example, a woman supervisor may be guilty of sexually harassing a male employee. The conduct that gives rise to the hostile environment must be offensive. Therefore, if two co-workers are engaging in a consensual sexual relationship, this is not sexual harassment. In addition to the behavior being offensive, it must also be severe and pervasive. This means that if you were made to feel uncomfortable by a one-time passing comment a co-worker made, this might not constitute “hostile environment” harassment.

Many people have been retaliated against for complaining about sexual harassment at work. For example, a former animal control officer recently won over $1.1 million in damages. The former worker alleged that she was retaliated against after she complained about the sexual harassment she faced at her job. If this scenario sounds familiar, call the skilled employment lawyers at Greenberg & Rudman LLP for a free consultation. You can reach us at 1-800-ALAWPRO or 1-800-252-9776. You can also visit us at www.discriminationattorney.com to learn more.