Sexual harassment occurs where a supervisor, co-worker, or customer engages in unwanted sexual advances or comments or similar conduct towards an employee. California law requires an employer to take all reasonable steps to prevent such harassment from occurring, and employers incur significant liability when sexual harassment takes place.
Employers are liable for sexual harassment by supervisors and managers even if those employers were not aware of the harassment and have a prevention policy in place. Employers are also liable for sexual harassment by a co-worker or customer where the employer knew, or should have known, of the conduct, and did not take immediate and appropriate corrective action. For instance, courts have held that where an employer failed to fire a co-worker that had engaged in sexual harassment, the jury may determine that the employer had perpetuated a hostile work environment.
Finally, in some instances supervisors may be held personally liable for sexual harassment, in addition to the liability incurred by the employer.
Sexual harassment claims may result in both compensatory and punitive damages.
Mr. Velarde may be able to handle your sexual harassment claim on a contingency fee basis, meaning that we receive no attorneys' fees unless we are successful in recovering compensation for you.