Within the state of California to be able to classify something as sexual harassment you cannot base it on one event or particular comment given to you in the workplace. The law in California states that the harassment has to be “constant and persistent”.
What is classed as sexual harassment?
Sexual harassment is not often classified as a single isolated incident, unless it is something that is major in nature such as grabbing or overt physical contact. Normally it is considered as anything verbal or mildly physical that is persistent and does not stop. Often minor things like staring can be misinterpreted and thought of as more than it is so things such as staring can be quite objective.
Can staring be classed as sexual harassment?
Staring like stated before can be something quite objective. It can however, be something that can be uncomfortable and violating if it is happening on a constant basis. It can also be denied and with little or no proof very hard to establish sexual harassment to the court. There can be times however when staring can be without a doubt be proved to be sexual harassment. If there have been prior signs such as constantly asking for dates and making lewd comments or requests that have been turned down, and then followed by a lot of overt staring for a length of time it is very easy to prove that the staring is in fact sexual harassment. This is because there was previous or prior history that led to the staring to show that the staring was in fact sexual harassment.
What to do when facing sexual harassment?
The first thing to do is to make sure that what you are feeling is actually true, and not just a coincidence. Once you have established this, the next step to take is to report this problem to your employer. This employer is then expected to conduct a thorough investigation with which a conclusion should be reached. If the conclusion is that sexual harassment was what occurred then the employer should take appropriate steps to stop it and make sure you are not uncomfortable.
It is important to understand that your employer has the duty to make sure you are safe and secure in your place of work and that anything overt is nipped in the bud. If this is not something that happens and your employer does not take the steps to do so, then you can hold them accountable by suing them for the inability to prevent sexual harassment. A Pasadena sexual harassment lawyer will help you get the justice you deserve.
If you have been faced by sexual harassment in your workplace and your employer has not made any efforts to correct this, or the sexual harassment was done by the employer themselves then sexual harassment lawyers in Pasadena are here to fight for your rights and get you the justice that you are entitled to. If you need advice and help from a sexual harassment lawyer in Pasadena call Rager & Yoon – Employment Lawyers at 310-527-6994.
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