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Sexual Harassment


INSIGHT:

Sexual Harassment is a general term covering unwelcome sexual behavior. This could be a demand for sexual activity. It could be unwelcome sexual jokes, or even comments about a person's sexual behavior. It could also be the display of offensive pictures or the use of offensive language in the classroom or workplace.


What is NOT Sexual Harassment

Mutual flirtation or sexual contact that is desired and freely consented to is not sexual harassment. It is not sexual harassment to develop friendships, sexual or otherwise, with other staff members or students. Behavior that is not freely consented to because of fear, intimidation or coercion constitutes sexual harassment because it is unwelcome.


The Standard in Sexual Harassment Cases

The case which set the standard in sexual harassment matters involved a female employee who was being sexually harassed by a male co-worker.

When an employer knows about sexual harassment, the employer must take prompt action to do something about it. It can't pretend it's not going on.

Women in professional jobs came to us first. But it's now common to see women from all walks of life. It's become more common to see minority women file charges on the basis of sexual harassment, as well as men. And charges of same-sex harassment, which used to be very rare, are now a little more common.

The victims and perpetrators now represent all ages as well, including college, high school and younger students. Cases have involved college students who had been harassed by professors, then by other students, then high school girls being harassed. Then it went to the grade-school level.


CASE SUMMARIES:

  • In this Sexual Harassment case, our client was sexually assaulted at her office by a co-worker. When she complained about the assault, she was demoted to a less desirable position rather than her company investigating and resolving the issue. We obtained a recovery on her behalf in excess of 4 times her annual salary.
  • In another Sexual Harassment case, our client, who was a minor, was inappropriately touched and mistreated by the owner of the company. We obtained a sizable recovery to compensate him for his suffering and humiliation.
  • In this Sexual Harassment case, our client was harassed and taunted by the Company's Manager. Due to the Manager's rude and offensive remarks toward our client, our client was forced to resign from the Company. We obtained an generous recovery to compensate him for his embarrassment, humiliation and the loss of his job.

Fishel & Fishel, Attorneys at Law is a Law firm serving the Contra Costa County are including the Bay Area of Northern California East Bay communities of Alameda, Albany, Antioch, Benicia, Berkeley, Brentwood, Byron, Castro valley, Claremont, Clayton, Concord, Danville, Dublin, El Cerrito, El Sobrante, Emeryville, Fairfield, Fremont, Hayward, Hercules, Lafayette, Livermore, Martinez, Montclair, Moraga, Oakland, Oakley, Orinda, Piedmont, Pinole, Pittsburg, Pleasant Hill, Pleasanton, Point Richmond, San Leandro, San Pablo, San Ramon, Union City, Vacaville, Vallejo, Walnut Creek. We have over 18 years experience in the practice of Family Law covering Child Custody, Juvenile Law, Divorce, Dissolution, Wrongful Death, Police Misconduct, Personal Injury, Criminal Defense. Our Lawyers are dedicated in helping our clients in a sufficient manner.

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FISHEL & FISHEL, ATTORNEYS AT LAW

(925) 229-4000