Sexual harassment cases are quite complex and challenging in San Diego and are taken very seriously by prosecutors. When it happens in the workplace, it violates laws included in Title VII of the Civil Rights Act of 1964 and California’s Fair Employment and Housing Act. If convicted, the accused can face severe criminal penalties, including prison time and lifetime registration as a sex offender.
Sexual harassment claims in workplaces are filed by women. Men and transgender individuals are also victims. Any person who is sexually charged at work has a right to seek recourse.
If you are charged with a sex crime, hiring a sexual harassment attorney for your defense is the most important thing to do.
What Constitutes Sexual Harassment?
In workplaces, sexual harassment arises in many different forms, such as inappropriate behavior or sexual advances, whether verbal or physical, made by employees or managers and any other sexual conduct that affects a person’s ability to work safely. Some examples of what can constitute sexual harassment in the workplace include:
- Requests for sexual favors in exchange for promotion
- Demotion of the employee for denying sexual favors
- Displaying sexual visuals on computers, phones, tablets, etc.
- Unwanted touching
- Making sexually explicit comments on a person’s body and figure.
- Workplace discrimination based on gender
Who Can Be Charged?
In the workplace, many parties may be guilty of sexual harassment. Any person who is harassing and the employer who fails to provide a safe working environment is responsible for workplace harassment. Under Sexual harassment Claims in San Diego, the following persons can be charged for harassing the victim.
- The victim’s manager
- Another manager or executive in the company
- A person who isn’t an employee of the company, like a customer, vendor, or consultant
An employer is also liable for the sexual harassment at their workplace if the employer knew or should have known of the harassment and failed to take immediate, appropriate corrective action. This means the employer will be charged for any damages, even if the management was unaware of the harassment.
Liability of the Employer
An employer will be liable when the harassment was perpetrated by either a supervisor or the employer himself. However, there are some cases where the employer may avoid the charges:
- When the harassment involved a non-management employee
- The employer took reasonable steps to correct the harassing behavior
- The victim employee failed to accept the remedies provided by the employer
Regardless of whether the employee knew or should have known about the harassment, the employee who harassed the victim is personally liable for the victim’s damages.
Being charged with a sex crime does not mean a conviction, and the accused has a right to a fair trial. However, the person can face devastating repercussions, including serious harm to reputation, employment, housing, and personal relationships.
Whether you are an employer concerned about managing liability or are falsely accused of a sex crime, it is essential to consult a sexual harassment attorney who is qualified and experienced in defending those facing sexual assault accusations. An attorney can guide you through the situation and help resolve the situation on favorable terms.