When a victim comes forward, the complaint should always be taken seriously. Many women allege that their complaints to their superiors go unresolved and the abuse is allowed to continue. Recently, a woman from Texas complained about this very situation; the former employee of Hobson Air Conditioning made charges against her boss who she claimed sexually harassed her on the job with rude comments, sexual suggestions, and exposed himself to her on numerous occasions. She went to upper management to express her outrage at the inappropriate behavior and expected the abuse to stop, but her claims were rebuffed and no action was taken against her aggressor. The behavior continued until she felt forced to resign from her position at the company. If you feel your job is in jeopardy due to sexual harassment, contact a sexual harassment lawyer in Orange County.

The company has not admitted any wrong doing, but has been ordered to pay the woman a substantial settlement and must adhere to specific guidelines aimed at curbing further sexual harassment situations; Weatherford must implement a channel for victims of sexual harassment to come forward and report any inappropriate incidents and must also provide annual training classes for five years to all its employees.

Hobson Air Conditioning is a small family run business which at the time employed only one female at its Kennedale facility; many businesses with a majority of only men or women may not feel the need to implement such strict protocols regarding sexual harassment, but all companies must adopt a zero tolerance policy towards the illegal behavior. Men and women tend to view harassing comments or actions differently, for both sexes to coexist in one workspace, it is imperative to have a common consensus and training so misunderstandings do not occur.

Victims of sexual harassment may not always feel comfortable coming forward, but by doing so they often feel better about themselves by standing up and speaking about their experiences. When aggressors are allowed to continue with inappropriate behavior, the whole workplace suffers. If sexual harassment is an issue in your place of employment, contact a sexual harassment lawyer in Orange County.

Many sexual harassment cases have been in the news lately; the illegal behavior has been brought to light due to the courage of those who are tired of being a victim. Rafael’s Italian Restaurant is one such case that has recently been settled in favor of its female employees who had been subjected to unwanted sexual advances from coworkers. Workers at the Italian restaurant claimed that beginning in 2005, male kitchen staff repeatedly taunted female workers with verbal and physical harassments, the victims complained to management, but the actions did not stop. The lawsuit resulted in a financial award to the female victims and a ruling that the restaurant would have to participate in an annual training program aimed at educating workers what sexual harassment is and how to avoid becoming a victim. A sexual harassment lawyer in Orange County can help determine if you have legal recourse against an individual or company; contact an office for a consultation.

Instances of abuse like those at Rafael’s may be more common than once thought and more and more people are choosing to become vocal about their uncomfortable experiences with sexual harassment. The Equal Employment Opportunity Commission has seen a steady increase in the number of complaints despite education and a zero tolerance policy against harassment that has been implemented by many companies. Education and frequent training programs prove to be the best method to curb inappropriate behavior; since men and woman may still interpret comments and actions differently, it is vital to establish clear lines of appropriateness to ensure that everyone feels comfortable.

If you feel like someone is sexually harassing you, it is important to let the person know their advances are unwanted, explain your stance and be firm that it will not be tolerated. If this does not end the inappropriateness, tell a supervisor or manager and be specific about encounters and exchanges with your aggressor. Always document instances of sexual misconduct, keep track of dates and exact exchanges, this will be beneficial if need to make a formal complaint about your experiences. If all else fails or you have no other recourse to end the abusive comments or actions, contact a sexual harassment lawyer in Orange County. You do not have to tolerate sexual harassment; you have the right and responsibility to stand up for yourself.

Bhatt explains that most recent graduates are not aware of what constitutes sexual harassment, which actions are sufficient to support a cause of action, or what should be done about an instance of sexual harassment once it has occurred. As his company hires new interns and other employees, it does not assume that they have preexisting knowledge on the topic of sexual harassment, and thus makes it a point to inform them. The fact that individuals of all different backgrounds are unfamiliar with sexual harassment may be related to the idea that schools are not doing their part in recognizing it as a pervasive problem or teaching methods for how can be dealt with, and more importantly, prevented. In fact, almost half of all students in grades seven through twelve were sexually harassed at some point during the 2010-11 school year.

Bhatt goes on to remind his readers that sexual harassment happens to both women and men alike. Also, even though women are targeted as victims more often than men (one in four women has experienced sexual harassment in the workplace), men are affected by sexual harassment in a different way, and a recent poll revealed that twenty-five percent of men fear being accused of harassment in the workplace. Another apprehension that seems to be shared by both women and men is the fear of reporting cases of sexual harassment in the workplace, and the majority of cases experienced or witnessed by both genders go unreported.

In his article, Bhatt stresses the importance of making the issue of sexual harassment relatable to employees, and he suggests broaching the subject in a way that makes it easily understood by its audience. For example, Bhatt and his team members commonly compare legal definitions and convoluted jargon to real-life examples, and they frequently remind employees that the company “ha[s] their back” if they are exposed to any kind of sexual misconduct. However, if an employee wishes to seek help outside the work sphere, he or she may benefit by consulting a sexual harassment lawyer in Orange County.

Knowing your employee rights will help you fight back psychological harassment, sexual harassment and other types of harassment in the workplace with the support of a sexual harassment lawyer in Orange County. A sexual harassment lawyer in Orange County can also help ensure that you recognize harassment at work when you see it. According to California state law, sexual harassment can be as blatantly offensive as asking a co-worker to perform a sexual act in the break room or as subtle as insisting on too much physical contact, even a so-called friendly hug, upon arrival at the office.

Contact a sexual harassment lawyer in Orange County if you need assistance determining whether you’re the victim of work harassment. If you are the victim of sexual harassment in the workplace, here is some advice to help you cope.

Don’t ever think it was your fault. Many victims of workplace harassment torture themselves further by asking themselves, “Why me?” A perpetrator of sexual harassment in the workplace should be held liable for his or her actions. Do not let feelings of shame or guilt about being a victim of harassment at work prevent you from reporting the crime to either your employer or a trusted sexual harassment lawyer in Orange County.

Seek out help if you have serious medical or psychological reactions to sexual harassment. A sexual harassment lawyer in Orange County will be able to help you find a local professional whom you can trust to recover from nightmares, sleep deprivation, depression, anger, trauma, stress, anxiety or intimacy issues caused by a case of workplace harassment. Sometimes this means seeing a doctor, a psychiatrist or a psychologist.

Realize that you may need time to recover. Being harassed at work can take a negative toll on your professional performance. You may miss work more frequently to avoid the harassment or feel distracted from your tasks during your shift. Being involved in such a terrible ordeal may even cause other co-workers to avoid you or to treat you differently. Tell a sexual harassment lawyer in Orange County if you need to report sexual harassment as a way to explain your ability to work productively.

Confide in those closest to you. A victim of sexual harassment at work or other types of harassment in the workplace needs the support of a trusted friend circle for help with mood. Furthermore, co-workers who are friends can serve as witnesses if you choose to talk to a sexual harassment lawyer in Orange County and bring your case to a court of law.

Being sexually harassed at work can have damage a victim both professionally and psychologically, but a sexual harassment lawyer in Orange County can help you fight back, cope with the abuse you’ve endured and start to heal. Dealing with any form of harassment in the workplace is difficult, but it can be easier with the help of a trained sexual harassment lawyer. Orange County has a plethora of professional harassment attorneys ready to listen to your case while you’re on the road to recovery.

While some instances of sexual harassment may be blatantly offensive, other illegal gestures may not be so obvious. Consider an unwelcome marriage proposal at work or an environment where some employees are engaging others in unwelcome, lewd discussions about anatomy and sexual innuendos—these examples are illegal. According to the US Equal Employment Opportunity Commission (EEOC), even offensive comments about an employee’s sex, male or female, may be grounds for a harassment lawsuit.

In a work setting, sexual harassment can occur on a daily basis or even once. It may even occur if, for example, the refusal of fulfilling a co-worker’s sexual request results in unfair treatment of that employee or unfair termination of that employee’s position. If such inappropriate behavior persists for any extended period of time, victims of sexual harassment may find themselves trapped in a hostile work environment and may have to deal with the serious repercussions of emotional abuse and self-hate, even after the sexual harassment stops.

Moreover, sexual discrimination can be exercised against both men and women. Labor laws in the US protect members of both sexes, regardless of whether the perpetrator and victim are male or female. Don’t be swayed by the stereotype-driven idea that sexual harassment is only an example of discrimination against women. Below is some more advice to remember when trying to avoid sexual harassment in the workplace.

1. Knowing your employee rights can empower you. Protect yourself by reading up on the facts. Labor law in California is aimed at protecting employees from discrimination and harassment, but if you need help sifting through legal jargon, consult with a sexual harassment lawyer in Orange County.
2. Assert yourself as a person who deserves respect. Male or female, an employee in the workplace is meant to be productive and work as part of a team. Dress and act professionally if you want o be taken seriously, and it is less likely that your co-workers will objectify you. Although any sexual harassment lawyer in Orange County will tell you that a perpetrator’s act is never acceptable, even if, for example, a woman wears a low-cut top, it is important that you know what image of yourself you are projecting.
3. Be confident in your own ability to fight back. If a co-worker is bullying you into crude conversations or making inappropriate sexual comments about someone else in the office, he or she is committing a crime. Take your complaints to person in a position of authority who can improve the situation on a professional level. You do not deserve to endure any amount of sexual or emotional abuse.
4. Don’t blow off advances—collect evidence! If a case of sexual harassment or discrimination in the workplace gets serious, you’ll want hard evidence that details the situation. Keeping a diary or a written record of what you’ve gone through will undoubtedly help any sexual harassment lawyer in Orange County help fight your case in court.
5. Call in retaliation. The best way to avoid being cornered and subjected to unwelcome advances is to stick around people that you trust. Being with a big group at the company Christmas party as opposed to wandering off alone where a rowdy co-worker can strike will greatly decrease the chances that you’ll be caught in tricky legal matters that may take a toll on your life.

A recent report, “Crossing the Line: Sexual Harassment at School,” compiled by the American Association of University Women, highlights the disconcerting fact that sexual harassment in schools is alarmingly common and yet still severely under reported. In fact, while almost half of all students in grades seven through twelve were sexually harassed at some point during the 2010-11 school year, only one-fifth of these victims notified their parents. Verbal harassment was found to be the most common form misconduct, but physical harassment was also noted as frequently occurring. Thirty percent of students suffered sexual harassment via electronic media, and a number of students who experienced cyberspace harassment were harassed in the flesh as well. Additionally, more than half of students surveyed witnessed an incident of sexual harassment at least once during the school year.

Unpleasant Effects

Many students explain that they prefer to keep incidents of harassment to themselves because they believe that reporting their encounters will prove futile or will actually exacerbate the problem. Some students, who are unsure as to what constitutes harassment, choose to trivialize their experiences and simply shrug them off.  However, eighty-seven percent of victimized students admitted in the report that the harassment has indeed affected them in a negative way. Victims of sexual harassment typically experience a decrease in their academic performance, a lack of desire to attend classes, and health or sleep problems. Some students actually switch schools or drop out completely. Further, many sexual harassment offenders are actually former victims who are likely lashing out, at no one in particular, for the harm previously bestowed upon them.

Similarly to victims of sexual harassment, teen perpetrators also tend to downplay the gravity of their offenses, and some chalk sexual harassment up to an ordinary part of school. However, it is this propensity for making light of sexual harassment, which reinforces the idea that it is unimportant and should not be taken seriously. It is for this reason, among others, that adults, especially schools administrators, need to become more involved.

Necessary Involvement

School administrators should make the existence and function of their Title IX coordinator well known to students, parents, and other faculty members. These coordinators, who are necessarily responsible for handling issues of gender and sexual inequality that arise in the school context, should also concentrate on establishing reporting procedures that are tailored to those students who are hesitant or reluctant to communicate their experiences. Schools should also work to abolish any facets of school culture which explicitly or implicitly tolerate verbal or physical sexual harassment. Teachers and other staff members should be required to attend training sessions in order to identify and recognize certain behaviors as sexual harassment so that they may stop such actions before they occur.  Parents can also contribute by acknowledging sexual harassment, as opposed to simply ignoring or trivializing it, and by reinforcing, at home, the information taught on campus. A sexual harassment lawyer in Orange County may also be able to shed light on ways to deal with the problem of sexual harassment in schools.

A Sick Cycle

Absent the proper adult intervention, it is likely that the sexual harassment will continue to haunt schools and workplaces alike. Putting an end to sexual harassment, or, at least dealing with it more efficiently and effectively, will be beneficial for both victims and perpetrators. For example, student victims of sexual harassment who do not launch complaints are more apt to refrain from reporting dangerous or life-threatening abuse in the future. In fact, sexual harassment has been likened to a gateway into the acceptance or toleration of teen dating violence and abuse and mistreatment later in life. Unfortunately sexual harassment is also prevalent in the workplace and adult victims commonly experience both emotional and physical side effects, which prevent them from truly enjoying life, even after the harassment has ceased.

As discussed above, victims may also take to harassing others if they are not broken of the mindset that sexual harassment is tolerable and inconsequential. Additionally, young harassers who escape punishment are likely to continue to persecute victims or to adopt other bad habits.  Participating in harassment is actually linked to the existence of psychological or social issues, and ignoring the tendency for misconduct, or allowing it to continue, could lead to more fundamental problems. Therefore, both victims and perpetrators of sexual harassment are encouraged to speak with a sexual harassment lawyer in Orange County.

William Brubaker was an officer from 1992 until his firing last August.   The investigation surrounded the handling of found property.  Brubaker had accidently booked his (and his wife’s) camera into evidence, which he kept in his patrol bag.  Nothing was supposed to be disclosed about the investigation for the inadvertent booking, but Brubaker claims that others knew about it because he received a text message from another officer telling Brubaker that he had heard about it.  Subsequently, Brubaker was fired.

Brubaker alleges that the leaked information was wrong and embarrassing, worsening a heart condition that he has been fighting for five years.  Further, he believes he was fired before he could finalize a medical retirement package with the city.  The city will not disclose details about the nature of the investigation or why Brubaker was fired other than by indicating that his account of what happened is inaccurate.

It seems surprising that an officer would be fired for mis-booking his own camera.  Is this more of a case of looking for ways to reduce costs, especially as Brubaker was planning to seek a medical retirement package?  It seems somewhat incredible that he can be terminated for booking his camera inadvertently while other officers receive administrative leaves and other slaps on the wrist for things much more violent, such as tasing or macing a person posing no imminent threat.

The city is now at risk of having to pay $500,000 for these series of questionable incidents.  A competent labor lawyer or even sexual harassment lawyer in Orange County will have to sort out all of these facts.  From the little we know from the plaintiff’s allegations, Brubaker simply inadvertently booked his own camera, a confidential internal investigation began, embarrassing and allegedly incorrect stories leaked and spread through the department;  Brubaker had been fighting a medical condition and was either seeking or planning to seek a medical retirement package before he was fired.  If the issue around the office during the pending investigation before his firing was unwelcome behavior that was sexual in nature, to the extent that it created a hostile work environment, then Brubaker would certainly want to consider in addition to the wrongful termination suit, to pursue a sexual harassment claim with a well-qualified sexual harassment lawyer in Orange County.

It can be quite devastating if your employer fires you.  California is one of the many states that practice “at will” employment, where an employee can be fired for any reason that the law does not protect. The law prohibits firing employees because of national origin, religion, gender, race, disability and age.  It is unclear if Brubaker falls within any of these categories.

However, there are some special regulations for police officers.  Firing a police officer without any kind of hearing would violate his rights under California’s Public Safety Officers Procedural Bill of Rights Act (POBRA).

If the photos involved on the camera are sexual in nature, or if that is the myth cycling throughout the department, as Brubaker claims, then this could also be a matter of sexual harassment which created a hostile work environment for Brubaker.  Brubaker indicated some embarrassment related to the spread of false and embarrassing information.  If the innuendo from the leak is of an unwelcome sexual nature, Brubaker may seek assistance from a sexual harassment lawyer in Orange County in addition to a labor lawyer.  Now taxpayers’ dollars are at risk in the suit for Brubaker’s reinstatement, back pay, compensation for emotional suffering, and punitive damages.  Employers and government agencies should take caution that a wrongful termination suit, sexual harassment suit or something else can be quite expensive, as sexual harassment lawyers in Orange County are all too aware.

If an employer fails to meet the training obligation in California, regulations state that the Fair Employment and Housing Commission (FEHC) is permitted to enter an order of non-compliance against the employer and can require compliance within 60 days of the order.  Regardless of training’s actual effectiveness, the employer should consider the possible litigation that may be brought against the employer by employees who may claim that the employer did not provide the requisite training.

Even if training is not mandated by law, insurance companies often force policyholders to give employees training conducted by human resources personnel or other consultants.    This flows from the Supreme Court’s view that training acts as a safeguard. Still, there is little evidence that current training methods produce a consistent downward trend in sexual harassment cases.  In California, where the mandatory training law was first passed, claims only went down for a short period before spiking upwards.  In southern California, for example, sexual harassment lawyers in Orange County have certainly kept busy.

Some critics say that training just provides more education for opportunity seeking plaintiffs than potential harassers.  Moreover, the training programs may actually encourage borderline conduct, teaching employees to walk a tightrope just short of sexual harassment.  To some observers, these types of programs seem to be a training ground, forcing employees to distinguish boorish behavior from illegal conduct.  For example, employees are often told to consider how many lewd remarks will cross the line, or how intimate a touching incident must be in order to be sexual harassment.

Other critiques with training programs as they exist today are that they seek the wrong goal, insulating employers from the consequences of what may be a hostile work environment.  That is, training tends to focus on mitigating liability rather than preventing harassment.  Trainers often emphasize the importance of measures that an employer should implement before or after the incident to minimize liability.  The focus is often on whether the victim suffered tangible employment action, despite whether the victim subjectively suffered. Accordingly, these programs are out of line with what should be the true primary goal of creating a better workplace environment.

In southern California, a good sexual harassment lawyer in Orange County is in increasing demand because of the seeming failure of these training programs.  No one denies that training is good, but many critics feel that it is ineffective in its current form precisely because of promoting the wrong goal of insulating employers rather than promoting a civil work environment.  Accordingly, sexual harassment attorneys in Orange County are needed now more than ever to navigate this difficult area where a training program does not necessarily appear to be a true vaccine in practice.  It is important for a sexual harassment lawyer in Orange County representing both the employer and the plaintiff to know what is at stake.  Plaintiff’s attorney should understand that a training program and procedures do not necessarily mitigate an employer’s liability.  The employer’s attorney must recognize the same in an advisory role, and might be wise to ensure the goal of using training to create a comfortable work environment that may better vitiate future harassment, likely resulting in less future claims.

Recent research, conducted by a team at Vanderbilt University Law School, has revealed that employees who work in industries where the risk of sexual harassment is high are paid more than those individuals in other occupations. Joni Hersh, professor of law and economics at Vanderbilt, employed a computer software system to sort through 50,000 sexual harassment complaints, filed with the federal and state authorities between the years of 2000 and 2004, to find that women in such high-risk fields earned an additional .25 cents an hour, and men earned double that amount.

While it is uncommon for industries that are not associated with the threat of injury or death to offer premiums, the companies where the employees are susceptible to sexual harassment have begun to do just that. For instance, women who work in mining, construction, agriculture, forestry, fishing, and hunting were found to have filed the most reports of sexual harassment. Consequently, women in these industries are offered a higher income on average since it is more difficult to attract and retain quality and qualified employees for such jobs. Those fields which boasted the least amount of reports by female employees were education and health services. Men, who experience strikingly less sexual harassment overall, had the greatest amount of reports in the information industry, with three report complaints filed per 100,000 employees.

Possible Explanations

Those areas of employment where women seem to experience the most instances of sexual harassment appear to be those that are traditionally and stereotypically dominated by men. They also seem to involve more physical labor and irregular work hours. In drawing such inferences, one may conclude that women miners and construction workers, for example, are at a higher risk of sexual harassment since they are likely surrounded by more men, more often than other female employees.

While this theory is not intended to place the pervasiveness of the sexual harassment problem on men, it is intended to suggest that if the stage for sexual harassment is set, and the players are present, the performance is more likely to occur. Further, the fact that these jobs involve manual labor, may provide male employees with more opportunities to comment on their female counterparts bodies and physical movements. Any employee who believes that he or she has been the victim of workplace sexual harassment should seek out employment lawyers in Los Angeles.

Is the Promise of a Higher Salary a Good Thing?

While it may seem commendable that employers who are aware that their female employees are at a high risk of sexual harassment pay them more, the promise of a higher salary for such occupations may actually be perpetuating the problem. It may be true that sexual harassment should be in the same league as death or injury in regards to “danger pay”. Victims of sexual harassment have been shown to possess self-esteem issues and to suffer other psychological problems, and nearly ninety-five percent of women who are sexually harassed consequently experience some type of incapacitating stress reaction. Further, the fact that an employer pays a higher salary to obtain qualified workers does not release it from the requirement of implementing and enforcing an anti-harassment policy.

On the other hand, individuals who are making more money may be less inclined to leave those jobs and may instead choose to tolerate sexual harassment, thus making the problem worse. Also, in today’s poor economy, victims may also be less likely to report incidents of unlawful behavior because they fear that they will be retaliated against. Therefore, what may seem like a blessing (a fatter paycheck) may actually be a curse (the continuous decline of the workforce). In order to prevent the latter, employees, including those in high-risk occupations, should consult a competent attorney, such as an employment lawyer in Los Angeles, to discuss their case.

Train Your Employees: How can you expect your employees to steer clear of any behavior that constitutes sexual harassment if they don’t even know what it is? Handing someone an employee handbook and walking away isn’t enough, you need to continually provide reminders and clarification. Whether you choose to sit your employees down for a seminar style training, post up reminders around the office, or send a monthly reminder of sexual harassment policies, it’s vital to reiterate the point. Also, in the event that a sexual harassment case does arise, it’s a great idea to document exactly what kind of training was provided.

Encourage Reporting of Harassment: Even if your employees are aware of what sexual harassment is, they need to have an internal procedure designed to protect them against it. Management should be well versed in the intricacies of the sexual harassment policy, not only to prevent them from being inadvertent harassers, but also to provide direction to those identifying themselves as victims. Employees should have the option of reporting their harassment to someone other than their direct supervisor. Furthermore, reporting harassment should be simple, without needing to turn in a formal written complaint and with the ability to report anonymously.

Take Immediate Action: Any reports of sexual harassment should be taken seriously and addressed promptly. Neither employers, mid-level managers, nor HR members should ever dismiss a complaint by second guessing the harassers actions or intentions. If action isn’t taken immediately, there’s a large chance that the harassment will continue even after a complaint has been filed. This creates a situation of extreme liability for the employer. Although it can take time to reach a proper resolution of the case, it’s important not to wait until resolution to take remedial actions. Action can be taken immediately to decrease interaction between the two parties, without negatively affecting either’s ability to work effectively.

Having an intricate, well developed, and well known sexual harassment policy is crucial for a company. Employers that need assistance in creating a policy can hire a sexual harassment lawyer in Orange County or Los Angeles to lend their expertise. Don’t get caught with a sub-par sexual harassment policy, leaving you liable for potential sexual harassment claims. Contact a sexual harassment lawyer in Orange County or Los Angeles, such as the team at Diefer Law Group, to see what they can do for you.