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Workplace Harassment Lawyer in Los Angeles
If you believe that you have been subjected to workplace harassment, workplace bullying, sexual harassment, retaliation and/or wrongful termination for reporting workplace discrimination based on sexual orientation, gender, or age, you should contact an attorney immediately.
At Colby Law Office, we believe that no one should have to work in a hostile work environment. If you feel you have been a victim, you’ll want the best workplace harassment lawyer in Los Angeles on your side. Our lawyers will work with you to seek punitive damages against any employer or employee who has contributed to a hostile workplace due to racial harassment, workplace sexual harassment, bullying, unwelcome sexual advances, or verbal harassment of a sexual nature, or otherwise.
We’ll ensure that you’re supported by a workplace harassment lawyer with an expansive knowledge of employment law, employment discrimination law, and Title VII. We’ll respect your privacy and boundaries in our attorney-client relationship while throwing the book at those responsible for unwelcome conduct. You need a Los Angeles hostile work environment attorney that can help by taking legal action against your employer. Contact us to help with your harassment case.
Practice Areas
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Harassment
It is an unlawful employment practice for an employer or any other person, because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, to harass an employee, an applicant, an unpaid intern or volunteer, or a person providing services pursuant to a contract. Government Code § 12940(j)(1).
Physical Threats
All overt physical threats and physical assaults are illegal in a California workplace. Penal Code §§ 242, 422.
Anti-harassment Provisions
Anti-harassment provisions apply to all private, state, and local employers. Government Code § 12940 (j)(4)(A).
Anti-harrassment Law
Anti-harassment laws protect nearly all workers, including employees, job applicants, independent contractors, unpaid interns, and volunteers. Government Code § 12940(j)(1).
Illegal Discrimination
Harassment is a form of illegal discrimination because it deprives its victim of their statutory right to work in a place free of discrimination. Fisher v. San Pedro Peninsula Hospital, 214 Cal.App.3d 590, 608 (1989); Government Code § 12940.
Protected Classes and Characteristics
Age
Age-based harassment occurs when a worker over the age of 40 receives less favorable treatment because of their age. Government Code §§ 12926 (b), 12940 (j).
Religion
It is unlawful to harass someone for their religious beliefs. Government Code § 12940 (j). The test to determine whether a religious belief is a “genuine” one is whether it is sincerely held by the employee. California Fair Employment & Housing Com. v. Gemini Aluminum Corp., 122 Cal.App.4th 1004, 1013 (2004). A condition limits a major life activity if it makes the achievement of that activity difficult. Government Code § 12926 (m)(1)(B)(ii).
Cashing out vacation benefits
Employers can choose to offer your employees the option to cash out their vacation benefits. Employers can offer this option on an as needed basis or allow it only at certain times, such as at the end of the year. Employers can require employees to accept pay each year for vacation time that they accrued but did not take, instead of carrying vacation time over from one year to the next. The cash out of vacation time must be at the employee’s current pay rate. DLSE Opinion Letter 1994.03.08.
Physical and Mental Disabilities
In general, workers have a right to be free from harassment on the basis of their physical disability. Government Code § 12940 (j). A physical disability is any bodily condition, cosmetic disfigurement, or anatomical loss that affects one or more of the body’s major systems and limits a major life activity. Government Code § 12926 (m)(1); Soria v. Univision Radio Los Angeles, Inc., 5 Cal.App.5th 570, 584 (2016); Colmenares v. Braemar Country Club, Inc., 29 Cal.4th 1019, 1026 (2003).
Medical Condition
California law protects employees with medical conditions. This means that even though an employee is not currently experiencing symptoms, their employer may not harass against them. Government Code § 12940 (j). A medical condition is defined as any genetic characteristic associated with a disease or a health impairment related to a cancer diagnosis. Government Code § 12926 (i); California Code Regs., tit. 2 § 11065 (d)(7).
Genetic Information
An employer may not collect genetic information from an employee or prospective employee to make any decisions regarding that individual’s employment. Government Code § 12940 (o).
Vacation is considered wages
Marital Status. An employer does not have the right to harass against a worker for being single, married, separated, divorced, or widowed. Government Code § 12940 (j). Employers are also prohibited from adopting outright bans on hiring married workers at the same place of employment. Hope International University v. Superior Court, 119 Cal.App.4th 719, 724 (2004).
Vacation accrues as earned and cannot be forfeited
Sex. An employer may not favor, discriminate against, or harass persons based on their sex. Government Code § 12940(a), (j). Workplace harassment laws protect men and women equally (as well as any other gender identifications). As such, harassment perpetrated by women is unlawful to the same extent it would be for men. Government Code § 12940 (j). Harassment is unlawful even when the victim is the same gender as the aggressor. Lewis v. City of Benicia, 224 Cal.App.4th 1519, 1525 (2014).
Cashing out vacation benefits
Pregnancy. It is unlawful for an employer to harass a pregnant employee on the basis of their pregnancy. Government Code §§ 12926 (r)(1)(A), 12940 (j), 12945.
Vacation is considered wages
Gender | Gender Identity | Gender Expression. Employers are prohibited from harassing employees on the basis of their gender, gender identity, or gender expression. Government Code § 12940 (j). These terms are broad and include a person’s gender-related appearance and behavior, even if that isn’t stereotypically associated with the person’s assigned sex at birth. Government Code § 12926 (r)(2).
Vacation accrues as earned and cannot be forfeited
Sexual Orientation. It is unlawful for an employer to harass a person for their sexual orientation. Government Code § 12940 (j). The phrase sexual orientation refers specifically to whether a person is heterosexual, homosexual, or bisexual. Government Code § 12926 (s). Employers are also prohibited from harassing employees for their perceived sexual orientation. Government Code § 12926 (o).
Cashing out vacation benefits
Military and Veteran Status. It is illegal to harass active and veteran military service members. Government Code § 12940 (j). California’s anti-harassment protections apply to active military service members and veterans of the United States Armed Forces, United States Armed Forces Reserve, the United States National Guard, and the California National Guard. Government Code § 12926 (k).
Hostile Work Environment Harassment
Harassment occurs when a work environment is made to be hostile, offensive, oppressive, or intimidating. Fisher v. San Pedro Peninsula Hospital, 214 Cal.App.3d 590, 608 (1989). Harassment is unlawful when it is motivated by a protected characteristic. Government Code § 12940.
To be illegal, harassment must be severe or pervasive. McGinest v. GTE Serv. Corp., 360 F.3d 1103, 1113 (9th Cir. 2004). The harassment may involve physical, oral, or written conduct that is offensive or derogatory-so long as it is motivated by the employee’s protected characteristic. California Code of Regs., tit. 2 §§ 11019 (b), 11034 (f)(1).
Hostile work environment harassment is conduct that is so pervasive that an abusive work environment is created. The improper conduct must be severe, frequent, or both. Lyle v. Warner Brothers Television Productions, 38 Cal.4th 264, 279 (2006).
Hostile work environments only violate the law if the conduct is objectively hostile or abusive. Lyle v. Warner Brothers Television Productions, 38 Cal.4th 264, 283 (2006). The harassment must also subjectively offend, humiliate, or distress the victim. Fisher v. San Pedro Peninsula Hospital, 214 California App.3d 590, 608 (1989). A person cannot claim that they experienced a hostile work environment if they were emotionally unaffected by the harassment or if they purposefully invited it. Meritor Sav. Bank, FSB v. Vinson, 477 U.S. 57, 68 (1986).
Unlawful harassment in the workplace can take many forms, including: physical Harassment, like unwanted physical touching; verbal harassment, like derogatory comments or innuendo and inappropriate jokes; visual harassment, like posters or signs or emails; aggressive or repeated requests for sexual favors or romantic relationships; showing favoritism or unequal treatment based on a protected characteristic. Colby Law Firm can represent you in a sexual harassment case.
Quid Pro Quo Harassment
“Quid pro quo” is a Latin phrase that means “this for that.” California Code Regs., tit. 2 § 11034 (f)(1).Quid pro quo sexual harassment occurs when sexual favors are requested or demanded in exchange for a specific job benefit. Hughes v. Pair, 46 Cal.4th 1035, 1042 (2009).
Quid pro quo sexual harassment appears in one of two forms: an employer or supervisor offers an employee some kind of benefit which is conditioned upon the employee submitting to a sexual favor; or an employer or supervisor threatens an employee about some sort of work-related action, like a threat of termination, unless the employee submits to certain sexual demands. California Code Regs., tit. 2 § 11019 (b)(2)(D).
Employers may not discriminate on the basis of lawful conduct that employees engage in during non-working hours and off premises, including consensual romantic relationships that do not interference with work. Labor Code § 96(k). Employers must be very careful imposing discipline for an employee’s off-duty conduct where the discipline is based on the employee’s romantic or social activities. Rulon Miller v. IBM Corp., 162 California App. 3d 241 (1984).
Failure to Prevent Harassment
Employers have a duty to create a harassment-free workplace. Government Code § 12940 (j)(1). This duty involves preventing foreseeable harassment, immediately correcting known harassment, and proactively training employees about harassment. Government Code § 12940 (k); California Code Regs., tit. 2 § 11023 (a); Government Code § 12950.1 (a).
Employees must show two things: the employer knew or should have known of the harassing conduct, and the employer failed to take immediate and appropriate corrective action. California Code Regs., tit. 2 § 11019 (b)(4); Myers v. Trendwest Resorts, Inc., 148 Cal.App.4th 1403, 1419-1420 (2007).
Large employers (those who have 50 or more employees) must provide sexual harassment training to all supervisory employees that work within California. Government Code § 12950.1 (a). The failure to provide this training to supervisors does not automatically make employers liable for sexual harassment. Government Code § 12950.1 (d). But if a qualified employer fails to comply with California’s training requirements, they may find themselves without a defense to certain sexual harassment claims. The failure of the employer to comply with the training requirements could show that the employer did not take reasonable steps to prevent sexual harassment or even correct it.
Written Policy
Employers in California are required to develop a written policy regarding the prevention of harassment, discrimination, and retaliation, and distribute that policy to employees. California Code Regs., tit. 2 § 11023 (b).
Brochure or Information Sheet
Employers should distribute a sexual harassment brochure or an information sheet prepared by the Department of Fair Employment and Housing in California. Employers are required to distribute those unless they have informational documents with equivalent information. Government Code § 12950.
Anti-discrimination & Harassment Notice
Employers in California are required post a specific anti-discrimination and harassment notice from the Department of Fair Employment and Housing in a “prominent and accessible” location in the workplace. Government Code § 12950 (a).
Aiding and Abetting Harassment
Aiding and Abetting Harassment is prohibited. Government Code § 12940(i).
Retaliation
Employees are often worried about the consequences of pursuing a discrimination claim against their employer. However, it’s important to understand that employers may not terminate or take adverse employment actions against their employees simply because the employee opposed the employer’s discriminatory policies. Government Code § 12940 (h).
An employee who has suffered discrimination has a right to file a complaint, testify, or assist in any proceeding in a discrimination claim against their employer. The employer may not retaliate against them for doing so. Government Code § 12940 (h).
Harasser and Employer Liability
Harassment victims have the right to recover money from their harassers and often their employers too. Government Code § 12965 (c); Commodore Home Systems, Inc. v. Superior Court, 32 Cal.3d 211, 215 (1982).
If the harasser is a supervisor or employer, the employer is strictly liable for the harassment. State Dept. of Health Services v. Superior Court, 31 Cal.4th 1026, 1041 (2003). If the harasser is a coworker or other non-supervisory employee, the employer is liable for the harassment when the employer knew or should have known of the harassing conduct, and the employer failed to take immediate and appropriate corrective action. Government Code § 12940 (j)(1); Hope v. California Youth Authority, 134 Cal.App.4th 577, 588 (2005).
Employers may be liable for harassment even if the harasser is not an employee. The extent of the employer’s liability may depend on the amount of control they have to prevent the non-employee’s offending conduct. Government Code § 12940 (j)(1).
Frequently Asked Questions
How to Handle Workplace Harassment?
If you find it difficult to understand how to handle workplace harassment, you’re not alone..
First, it can be important to understand what constitutes workplace harassment. In its simplest form, harassment in the workplace is any kind of verbal or physical abuse detrimental to your well being that is based on a protected class. It may leave you feeling demeaned, worried, scared or ashamed. Harassment in the workplace is not only inappropriate but in many cases against the law.
If you feel you have been harassed, it may be important to quickly and comprehensively document what happened after the harassment occurred. Also, if anybody else witnessed the harassment, reach out to them privately and ask if they can provide documentation of the occurrence(s)..
The next step is to seek legal help. If you feel you have been harassed in the workplace, Colby Law Firm understands that this may cause a person to feel intimidated or perhaps even afraid. During a free case review we can help determine if there is basis for a workplace harassment claim.
Don’t try to “go it alone.” Although California laws are designed to protect employees, it can be important that you have comprehensive legal representation to help ensure your rights are protected..
Everyone deserves fair employment free from harassment and discrimination..
Contact Colby Law Firm today for a Free Case Review.
How to Prove Workplace Harassment?
Sometimes employees consider harassment as any type of treatment in the workplace that seems harsh or unfair. However, that doesn’t necessarily mean it is deemed harassment by legal definition. As experienced Los Angeles employment lawyers, Colby Law Firm attorneys want to help you understand how to prove workplace harassment.
If you feel you may be experiencing workplace harassment, document every instance as quickly as you can after it occurred, providing as much detail as possible..
Colby Law Firm provides a free case review to help determine if what you experienced qualifies as workplace harassment. Once there is the basis for a workplace harassment claim, Colby Law Firm can help you protect your legal rights and file a case..
We believe that no one should have to work in a hostile work environment. Aaron Colby is a California employment lawyer who can help resolve workplace harassment disputes. After 15 years representing companies, he started Colby Law Firm to represent employees.. Aaron’s perspective and experience from being “on the other side” gives him an edge..
Let Colby Law Firm help you protect your rights..
Contact Colby Law Firm today for a Free Case Review.
How to Report Workplace Harassment?
Your first step to reporting workplace harassment may be to document what happened in detail and report it to your employer. Your next step is to consult a qualified employment law firm, such as Colby Law Firm. We offer free case reviews that can help determine if your experience qualifies as workplace harassment..
You don’t want to try and report workplace harassment without proper legal representation. Although it may seem like you don’t need an attorney to help you, if you don’t have a complete understanding of California and Federal labor laws, you may inadvertently cause yourself more harm than good..
Aaron Colby is a California employment lawyer who spent 15 years representing companies before starting Colby Law Firm to represent employees. Aaron’s perspective and experience from being “on the other side” can be a benefit to you and your claim. Aaron brings his practical, focused, and relentless approach to helping employees protect their rights..
We are here to help you..
Contact Colby Law Firm today for a Free Case Review..
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Colby Law Firm
Aaron Colby is a California employment lawyer who knows how to resolve disputes. After 15 years representing companies, he started Colby Law Firm to represent employees. Aaron’s perspective and experience from being “on the other side” gives him an edge. Aaron brings his practical, focused, and relentless approach to helping employees protect their rights.
Aaron Colby
Lead Attorney and Founder Colby Law