San Francisco Harassment Attorneys

San Francisco Harassment Attorneys

Both federal and state laws strictly prohibit workplace discrimination based on several different protected factors. Discrimination can take many forms, including the form of workplace harassment. Harassment can look different in each unique situation, and many people might not realize that certain conduct is violating their rights as employees. 

If you are concerned about conduct you endured at work, you should discuss the matter with San Francisco harassment attorneys. We can evaluate what happened and advise whether you have the right to hold your employer accountable for unlawful harassment. 

Prohibited Harassment

Offensive conduct that is not based on protected factors is, generally speaking, allowed at work. However, harassing conduct becomes strictly unlawful when it is based on any of the following:

• Sex and gender
• Gender identity or expression
• Sexual orientation
• Pregnancy
• Disability or medical condition
• Religion
• National origin or ancestry
• Race and color
• Age
• Marital status

Harassment can come from anyone at work, whether it is a superior, coworker, or even a client or vendor in some situations. When an employer learns that harassing conduct is occurring, it must take the necessary action to stop the conduct. If the employer fails to take the necessary action and the harassment continues, you have the right to hold your employer accountable for the harm caused by the harassment. 

Sexual Harassment

Sexual harassment is the most common form of harassment, and anyone can be a victim. Sexual harassment can be against female, male, or LGBTQ employees, and it might come from a same-sex or opposite-sex employee. If harassing conduct is based on any aspect of sex or gender, it is unlawful. 

There are two distinct types of sexual harassment:

• Quid pro quo – Someone with authority requests sexual activity and either threatens your job in some way if you refuse, or offers you a job benefit (such as a promotion) if you consent.

• Hostile work environment – This involves conduct by anyone at work and can include offensive comments, jokes, emails, or pictures, unwanted touching or advances, and more. If your employer fails to stop the conduct (once you complain), it can create a hostile work environment.

Quid pro quo harassment only has to occur once for your employer to be held accountable. On the other hand, when it comes to a hostile work environment, you are required to inform your employer of offensive conduct and give them the chance to rectify the situation. If they fail to do so, you can take legal action. 

Constructive Discharge

Sometimes, harassment becomes so unbearable that no reasonable employee would tolerate the work environment. If your employer is not stopping the conduct, you might feel you have no other choice but to quit. This is referred to as constructive discharge, and it can give you the right to file a claim for wrongful termination. Always discuss your plans to quit with an experienced San Francisco harassment attorney.

Consult with Our San Francisco Harassment Attorneys Today

At the law firm of Olivier & Schreiber, LLP, we stand up for the rights of employees who experience any type of unlawful harassment. Contact us to discuss your legal options as soon as possible.