Workplace sexual harassment against landlords or property managers is a serious issue that should be taken with the depth it deserves to make working environments conducive and safe for all. The law mandates that employers have the responsibility to keep workplaces safe for their workers. They should develop policies that stipulate what constitutes workplace sexual harassment and outline the actions to be taken against perpetrators. If these policies do not exist in your workplace, or your employer does nothing to protect you against sexual harassment, you can file a lawsuit against them for compensation for all your damages.
At Sexual Harassment Attorney, we want to help you with all the legal processes involved in filing a workplace sexual harassment suit against your California employer. We can review your case to determine if it meets the established criteria, advise you on your options, protect your rights, and work with you to achieve a favorable result.
Understanding Workplace Sexual Harassment
Workplace sexual harassment is a rampant vice that should not be allowed to thrive in California. It affects all people of all ages, genders, and social statuses. A sexual harassment perpetrator can be of the same gender and social status as the victim. It entails unwelcome sexual advances, requests, utterances, or actions that make your work environment toxic or unconducive. Some victims of sexual harassment are forced to live with fear or apprehension. Others are made to quit their jobs, while others are fired for failure to comply with sexual requests by their seniors.
Under California law, workplace sexual harassment can fall under these two types:
- Quid pro quo
- A hostile workplace
Quid pro quo occurs when you are required to offer something in exchange for something else. In this case, a colleague or employer can require you to provide a sexual favor in exchange for a promotion, work-related favor, or to keep your job. Sometimes these demands or requests are not very direct. An employer can threaten to make your life miserable if you are not nice to them. This forces you to agree to, or deal with, whatever they do or say to you, just to keep your job.
A hostile environment can also manifest in various forms. It can come in the form of sexual comments by one or more individuals directed at you or your colleagues. The comments can be frequent and graphic, making it difficult for you to concentrate on or perform your job as you should. Some sexual comments are intimidating, affecting your self-esteem and thereby your productivity. Other perpetrators relay their sexual interests or harassment electronically. An employer or colleague can send you a series of messages or emails containing sexual demands or threats that make you uncomfortable in your workplace.
Unfortunately, not all sex-related comments, actions, or depictions qualify as workplace sexual harassment. You must establish if you have a solid case against your employer to file a lawsuit against them for compensation. Here are some actions that could qualify as workplace sexual harassment against landlords or property managers:
- When an employer or manager promises a promotion, but only if you engage in a sexual act with them
- If you encounter unsolicited sexual conduct from an employer or colleague
- If you continuously receive derogatory comments, jokes, or epithets from a colleague or employer
- Any intentional offensive and sexual physical act, like a touch, confinement, or assault, from anyone in your workplace
- Retaliatory acts by your employer or boss for refusing to submit to, or condone, their sexual advances
- Any direct and deliberate expression by an employer or colleague to engage in sexual acts with you
- Sex-related gestures, including visuals, posters, pictures, or items or objects, whether physically or electronically
- Any form of verbal abuse, especially when someone makes mean utterances about your sexual orientation, gender, or body
- Profane or derogatory language in the workplace
What To Do If Facing Workplace Sexual Harassment as a Landlord or Property Manager
California law requires employers to maintain a safe workplace for all employees, regardless of their gender, religion, political affiliation, race, or sexual orientation. When a worker faces workplace harassment or discrimination, they should be able to seek an employer’s help in protecting their rights and improving the safety and conduciveness of the work environment. If your employer does not help or does nothing to protect you from harassment, retaliation, or discrimination, you can take legal action against them.
Here are some of the steps California employers can take to prevent workplace sexual harassment cases by landlords or property managers:
- Develop a workplace policy against discrimination and harassment
- Ensure that all workers understand what the policy entails, including possible consequences of violating it
- Continuously educate their workers about workplace harassment and discrimination, including what it entails, how to identify the signs, and what actions to take if they fall victim.
If, even after all the strategies to fight harassment and discrimination in your workplace, you still fall victim, your employer should support you when you speak up. They should take action against the perpetrator, according to your workplace policy. Otherwise, your employer is liable for any resulting damage if you suffer workplace sexual harassment.
A workplace policy against discrimination and harassment should define what the law stipulates. It should mention the provisions of FEHA, including all the groups it protects. Employers must ensure that all workers understand the policy, regardless of their position within the business. The document should mention all classes of workers covered, including both junior and senior property managers.
If you face sexual harassment and your working environment is no longer safe or conducive, you should seek legal help. Talk to a sexual harassment attorney about your ordeal and what you want out of the issue. Your attorney will explain what workplace sexual harassment entails and the laws that protect you. They will also review your case to determine if it meets the criteria provided for such cases under the law. If you have a case against your employer, your attorney will explain the process and outline the possible outcomes. They will ensure you understand what to expect at every step of the process.
The California Department of Fair Employment & Housing helps landlords or property managers like you who face sexual harassment in their workplaces. It enables victims to resolve their disputes and recover the compensation to which they are entitled from their employers. The department is an independent and neutral fact-finder. If you report your case and show your interest in pursuing compensation from your employer, the department will conduct an independent investigation to obtain the facts of your case. If it finds out that the information you filed is accurate, it will give you the right to file for compensation in a civil court. You can initiate the legal process with your attorney after obtaining approval from the department.
If you have a valid case against your employer and a civil court grants your petition, these are the possible outcomes of your case:
- The court will hold the employer responsible for any harassment or discrimination occurring in their workplace. The court can order them to amend their policies or practices to prevent similar cases in the future
- The court can order your employer to pay all the damages you have incurred due to workplace sexual harassment
- The court can order your employer to pay all the costs you have incurred in filing the case or pursuing the matter, including legal fees and court charges.
Remember that the right place to start is with your attorney. You should ensure you have a solid case against your employer before pursuing the matter. Your attorney will also help you gather evidence, including supporting documents to back up your claim. Once everything is ready, you will file your case with DFEH for review. The department will consider your case and conduct its independent investigation to determine your eligibility to sue. If the evidence against your employer is overwhelming, the department will give you the right to sue your employer.
Additionally, your employer is responsible for your safety in the workplace. They are responsible, even when the perpetrator of sexual harassment is a different person.
Factors that Can Strengthen Your Workplace Sexual Harassment Case
Your work as a landlord or property manager includes making significant decisions regarding the day-to-day operations of the property you are in charge of. Your concerns include rent collection, tenant relations, maintenance, and repairs. You also ensure your property complies with all legal regulations. These are tasks and responsibilities that require you to be alert, sober, and motivated at all times. Any form of harassment or discrimination will affect your decision-making and the ability to remain productive. It could also cause you to lose a job you love and a livelihood that you and others in your life depend on for necessities.
Thus, filing a sexual harassment lawsuit against your employer will protect your rights and give you back what you lost to your harasser, including your self-esteem, productivity, and job. Here are factors that could help you file a successful claim:
Understand Workplace Sexual Harassment Laws
Before seeking help from DFEH regarding your suspicions about workplace sexual harassment, find out what the law states about the matter. Also, consider how the department defines workplace sexual harassment and what you should do if you are a victim. This information will help you make the right decision. It will also inform you of the kind of evidence you need for your case. Remember that not all sex-related acts, utterances, or depictions amount to workplace sexual harassment. You must ensure you have a valid case before taking action.
Talk to Your Employer First
Remember that your employer is responsible for your safety and comfort in the workplace. In addition to providing you with a job, they must ensure that you work in a conducive workplace that is free from discrimination and harassment. Your employer must also have a policy against harassment and discrimination. If someone other than your employer is your harasser, report them to your employer immediately when it happens. A responsible employer will take immediate action to protect you and stop the vice. If your employer is the one harassing you, they must be aware that you do not condone their behavior. If the harassment persists, you should report it to the Department of Fair Employment and Housing (DFEH).
Keep Records
Start keeping records immediately after you realize someone is sexually harassing you. If they are unwelcome comments or utterances, record exactly what was said, along with the date and time. If someone sends you a discriminatory message, save it in a location where you can retrieve it later if you decide to pursue the matter. Proper records will always serve as evidence against the perpetrator. When you speak to your employer about the matter or stand up against your harasser, record the conversation, including the time, place, date, and their reaction.
Ensure you provide as much information as possible about the harassment when recording incidents of sexual harassment. This will be critical in determining whether what you experienced is sexual harassment.
Do Not Take the Matter to Social Media
People often share a lot of information on social media, primarily about their daily experiences. Some people post for fun, while others post to derive sympathy or seek opinions from others. For whatever reason, avoid posting your workplace sexual harassment incidents on social media if you intend to sue your employer. Your employer’s attorney can use that move against you to compel the court to dismiss the allegations or to take action against you.
Keep Your Attorney Informed
Although you can seek legal help for sexual harassment without an attorney’s help, it is not advisable. Sexual harassment attorneys are experts in this matter. They know the laws that protect workers against harassment and discrimination, and can help you determine the validity of your case. An attorney understands all legal processes you must follow to file a case against your employer. Thus, having an attorney is critical.
Provide all the information your attorney needs to build your case against your employer. Keep them informed about new incidents of harassment or any action your employer takes against you or your harasser. If you recall something relevant about the case that has been forgotten, please inform them about it immediately. An attorney increases your chances of obtaining a favorable resolution. However, they need your support and help to push for the best possible outcome.
Do not Wait Long To File Your Claim
The statute of limitations provides timelines within which plaintiffs must bring civil cases against their perpetrators. You have three years from the last incident to file a workplace sexual harassment case against your employer. It is crucial to meet these deadlines to ensure that your case is heard and determined within a reasonable timeframe. Filing a case after the expiration of its time denies you the chance to obtain justice and the compensation you deserve.
Additionally, waiting too long to file a case can compromise its integrity. If you do not have a valid reason to wait to file, your employer’s attorney can use that opportunity to discredit your case. Additionally, it is possible to forget some details if you do not act within the timeframe in which the harassment occurs.
Types of Compensation You Can Receive from a Workplace Sexual Harassment Lawsuit
In addition to holding your employer responsible for your experience in an unsafe or unconducive workplace, a workplace harassment claim will result in compensation for your damages. You must include any damage you have incurred due to sexual harassment in your claim. If the claim is successful, your employer will be required to provide full compensation for all your damages. Here are examples of damages you can file for:
- All legal fees and costs you have incurred while filing your case
- The emotional distress you suffered in an unsafe or unconducive workplace
- Any income you would have lost, including wages, stock options, houses, and benefits
- Compensation for promotions you lost
- Any costs incurred to bring an expert witness to the court
The court will also require your employer to make changes in their workplace or policies to prevent future cases of workplace sexual harassment. It could also require your employer to reinstate you in your former position or the position you currently hold, according to your qualifications.
Sometimes, civil courts award punitive damages to victims of workplace sexual harassment. This can happen if it is determined that your employer was grossly or criminally negligent in failing to protect you against harassment or discrimination.
Find a Competent Workplace Harassment Attorney Near Me
Workplace sexual harassment affects all workers in all sectors of the economy, including landlords and property managers. However, you can fight the vice, protect your rights, and receive compensation for all your damages with the assistance of a skilled sexual harassment attorney.
We handle all kinds of workplace harassment and discrimination cases at Sexual Harassment Attorney. We understand how difficult it can be to file a case against your employer, especially if they are your harasser or have failed to protect you against the perpetrator.
We can help you determine the validity of your case, understand laws against workplace sexual discrimination, and guide you through the necessary processes to find justice and receive the compensation you deserve. We can also gather evidence and represent you in all court processes until you are satisfied with the outcome. Call us at 800-905-1856 for more information about workplace sexual harassment in California and our services.
