Oakland Hostile Work Sexual Harassments
Sexual harassment is a form of sexual discrimination based on sex, gender or sexual orientation. Sexual harassment is illegal, immoral and unacceptable.
“Hostile Work Environment” sexual harassment is one of two types of sexual harassment recognized by the courts. To establish a hostile work environment, an employee does not need to have been demoted, disciplined or fired. Sexually harassing conduct itself creates a hostile, offensive, oppressive or intimidating work environment and offends, humiliates or intrudes upon its victim so as to “pollute” their work environment.
If the harasser is a supervisor, the law makes the employer responsible for the harassment. If the harasser is a co-worker, the employer is not responsible unless the employer either (1) knew or should have known about the harassment and “failed to take an immediate and appropriate corrective action” or (2) failed to take all reasonable steps to prevent harassment such as by training employees in preventing sexual harassment.
If the employer receives a complaint of sexual harassment, they must conduct an immediate, impartial and thorough investigation to determine what happened and to protect the victim and prevent a repeat occurrence. The employer’s response must include immediate corrective action that is designed to (1) end the current harassment and (2) deter future harassment.
The employer’s obligation to take prompt action requires (1) that temporary steps be taken to protect the victim while the investigation is ongoing and (2) that permanent action be taken to prevent future harassment once the investigation is completed.
It is illegal and completely unacceptable for an employer to penalize or retaliate against an employee for reporting sexual harassment.
ALAMEDA COUNTY SEXUAL HARASSMENT ATTORNEY — NO CHARGE UNTIL YOU WIN
Felicia Curran has been providing vigorous advocacy for clients in sexual harassment cases going back to 1994, including the published case of Meriola Gotthardt v. National Railroad Passenger Corp. (AMTRAK) 191 F.3d 1148. In the Gotthardt case, Felicia and her co-counsel Howard Moore Jr. obtained a combined jury verdict/equitable relief award after jury trial for a female victim of sexually hostile work environment in the amount of $1.025 million dollars plus an additional $300,000 for attorney fees.