While sexual harassment is the most well-known, harassment based on any of the protected characteristics is also illegal. Harassment may take the form of words (such as slurs or derogatory comments), physical acts (like violence, touching, or intimidation), postings (such as derogatory cartoons, drawings, or poster), or unwanted sexual advances in various forms. Sexual harassment generally takes one of two forms. The first, so-called “quid pro quo” harassment, is when a supervisor offers some employment benefit (such as a raise or promotion) in return for sexual favors. The second, called “hostile work environment,” happens when unwanted sexual advances or other harassing behaviors are so bad and so frequent as to make for an abusive workplace. If your employer did not have reason to know about harassment you’ve experienced, then the employer will not be considered legally responsible. Cal. Gov. Code § 12940(j). For this reason, it is important for you to report harassing conduct to your employer and follow whatever internal grievance process your employer may have. If your employer fails to correct the problem immediately, then legal action may be warranted. Cal. Gov. Code § 12940(j).

It is unlawful for an employer to take disciplinary action (including termination) against you for reporting discrimination or harassment. Cal Gov Code § 12940. Many times, the employer will cover for retaliation by pointing to supposed issues in work performance that had never been raised before. Therefore, an employee must often rely on circumstantial evidence that they were indeed terminated for a retaliatory reason. If you believe you may be the victim of unlawful discrimination or harassment in the workplace, please call our office for a free consultation, at: (323) 208-9171.