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Sexual Harassment and Assault

Everyone is entitled to a workplace that is free of sexual harassment and discrimination. California law also protects employees against harassment because of their gender, gender presentation or identity, or sexual orientation. California law also prohibits sexual harassment in business, service, or professional relationships – not just the workplace. This includes sexual harassment by doctors, attorneys, investors, landlords, bankers, teachers, elected officials, and others.

Our reputation successfully representing survivors of sexual harassment and assault gives our clients additional power to choose the right path for them to achieve justice, whether that involves court action or a private negotiation or a more therapeutic approach. We understand that sexual harassment can cause significant trauma, and we support the decision of our clients in each case regarding how best to vindicate their rights and heal and move forward from their experience.

The attorneys at Rudy Exelrod Zieff & Lowe are passionate about helping survivors of sexual harassment and assault hold perpetrators and corporate enablers accountable. We have helped numerous women publicly tell their story—in the courtroom, in the press, and on social media—and have litigated high profile sexual harassment cases through trial, recovering tens of millions of dollars for our clients.

What is quid pro quo harassment?

Your employer cannot make your tolerance of, or submission to, unwelcome sexual advances a condition of your continued employment, promotion, or other employment benefits. Nor can your employer retaliate against you for refusing unwanted sexual advances. This type of sexual harassment claim is called “quid pro quo” harassment. Quid pro quo is a phrase referring to giving something in exchange for something. For example, in applying for a job, if the employer makes sexual advances or requests, implying that you will get the job if you comply, that is quid pro quo sexual harassment. It is often couched as a threat – that you will lose the opportunity or your job if you do not go along with it.

What constitutes a hostile work environment?

Your employer cannot subject you to a work environment that is hostile or abusive on the basis of sex. This type of sexual harassment claim is called “hostile work environment”

harassment. Conduct that constitutes sexual or gender-based harassment comes in many forms, including derogatory comments and slurs, commentary about physical appearance, or leering or sexual gestures. Other examples include sexually suggestive comments or displaying or giving you sexually suggestive objects or pictures. Sexual harassment may also include physical contact, assault, or intimidation.

In general, a hostile work environment is one where the sexually harassing conduct has interfered with your ability to perform your job or has created an intimidating, hostile, or offensive working environment. A single act of harassment may be severe enough to be unlawful. Additionally, conduct that is less severe but is repeated or continuing may become so pervasive that it becomes unlawful.

What type of conduct is sexual assault?

Sexual assault is defined as the unwanted touching of an intimate part of another person for the purpose of sexual arousal, sexual gratification, or sexual abuse. Not only is sexual assault a crime, is it also unlawful for employers to allow this type of conduct in the workplace or at work-related events or functions.

What are my options if I have experienced sexual harassment or assault?

You do not have to suffer in silence. We are here to listen to your experience and to discuss a path forward. You can also report the misconduct internally at the company or to a state agency or, where appropriate, law enforcement. Our attorneys are experienced in reviewing, litigating, and settling cases involving claims of sexual harassment or assault. We have held companies and individuals to account for their unlawful behavior and have recovered tens of millions of dollars in damages for our clients.

If you have questions about sexual harassment or assault, please contact one of our attorneys.

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