Employees have the right to work in a safe work environment where they will not be denigrated and bullied. Threats, incessant name-calling, and violence in the workplace are wrong and you should not have to put up with it. You deserve to be treated with dignity and respect. You should not have to work in a place where your employer actively degrades your sense of self-worth.
The Sampath Law Firm takes these matters seriously. We are here to make the harassing conduct and bullying stop and to ensure that your best interests are protected and advanced. Contact us today for an initial consultation.
What is workplace harassment?
Workplace harassment is a form of unlawful employment discrimination involving unwelcome workplace conduct against an individual based on protected characteristics. It rises to the level of illegality when having to put up with the offensive conduct becomes a condition of continued employment or when the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive. Minor grievances and isolated incidents (unless extremely serious) typically are not considered illegal.
Harassment can take many forms, including, but not limited to:
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Verbal harassment: This can include derogatory comments, jokes, slurs, or threats based on an individual's protected characteristic.
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Physical harassment: This includes unwanted physical contact or intimidation.
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Visual harassment: Displays of derogatory or sexually explicit posters, drawings, emails, texts, and other visual materials.
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Sexual harassment: Unwelcome sexual advances, requests for sexual favors, and other instances of verbal or physical harassment of a sexual nature.
From a legal perspective, there are two types of harassment: quid pro quo harassment and hostile work environment harassment. Quid pro quo harassment occurs when an employee is (1) offered some job benefit such as a promotion, pay raise, etc. in exchange for compliance with an inappropriate request - for example, sexual favors - or (2) faces consequences when refusing to comply with an inappropriate request.
Hostile work environment harassment occurs when an employee is subjected to unwelcome or unwanted conduct that is sufficiently pervasive or severe enough to create an abusive work environment.
How do I prove harassment in the workplace?
To establish a claim of harassment, an employee must show that the harassment was based on his or her race, gender, national origin, age, disability, perceived disability, record of a disability, religion, sexual orientation, or retaliation for a prior complaint of unlawful activity.
What should I do if I've been a victim of workplace harassment?
If you believe you are a victim of harassment, it is important to use whatever mechanisms your employer has available to file a complaint in writing regarding the harassment in order to give your employer an opportunity to stop it. Also, keep a copy of your complaint. If possible, you should also keep a diary of events as they occur and get the names of witnesses that can verify aspects of what happened or names of other colleagues in your protected class who have been harassed by the same harasser. Whether or not you have already filed a complaint, please contact our office if you need a lawyer's advice.
Contact an Experienced San Francisco Harassment Attorney
Facing harassment in the workplace? At The Sampath Law Firm, we have extensive experience helping victims of workplace harassment navigate their options and fight for their rights. Contact our Bay Area office for an initial consultation.