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How Does an Employer in San Mateo Defend Against Sexual Harassment Claims?
Sexual harassment in the workplace is illegal. Period. San Mateo employers are held to the same standards as any other employers in the state of California in terms of defending themselves against sexual harassment claims.
So how do employers defend themselves if a claim arises? Defending against sexual harassment claims in San Mateo — and elsewhere in the state of California — requires hiring sexual harassment claims lawyers that have a proven, successful track record of fighting for their clients. We do that consistently at Chauvel & Glatt.
What Constitutes a Sexual Harassment Claim?
When an employee believes that they have been asked to perform sexual favors or have been subjected to unwelcome sexual advances or innuendo in their workplace – or related to their work – a sexual harassment claim may result. If a sexual harassment claim is substantiated, it can lead to serious and costly results.
Sexual harassment claims can be physical or verbal and are typically due to:
- “Quid Pro Quo” situations in which the employee is asked to perform sexual favors in order to receive a promotion, a raise in pay, or to avoid being demoted or fired if they fail to succumb to the sexual favors being asked of them. These are just a few examples.
- A claim may also arise if the employee experiences the unwelcome advances on a regular basis, thus creating an environment that they feel is hostile, intimidating, and uncomfortable. A resulting situation is one in which they feel that it is difficult or impossible to perform their job responsibilities without being harassed.
An employee cannot under any circumstances be retaliated against for making a sexual harassment claim (or any employment-related claim, for that matter).
An employer in California should also know that other employees besides the claimant may be involved.
An Expert Sexual Harassment Claims Attorney in San Mateo Knows How to Prepare and Defend.
Defending sexual harassment claims requires understanding what legitimizes a claim. False sexual harassment allegations at work occur more frequently than employers may realize. Sexual harassment claims can be made based on physical, verbal, or non-verbal unwarranted actions in the workplace. They can take the form of:
- Unwelcome touching
- Demands for sexual favors
- Propositions that are inappropriate
- Preventing an employee from physically moving about
- Whistling at a fellow employee
- Leering at a fellow employee
- Jokes, comments or gestures that are considered by an employee to be Inappropriate, obscene, or offensive
- Pictures or objects displayed in the workplace that are considered to be lewd, inappropriate or offensive
- Any type of retaliatory threats against those who believe they have been sexually harassed or who have reported sexual harassment of colleagues
The employer may ultimately responsible whether or not they were aware of the situation that led to a sexual harassment claim. They may also be responsible if they made efforts to remedy the alleged sexual harassment and it continues.
Ultimately, what this means is that an employer in California who is faced with such a claim needs to be able to rely on a harassment defense attorney in California who will fight for them and do everything possible to defend the employer.
“An ounce of prevention is worth a pound of cure.”
Benjamin Franklin is responsible for the quote above, and he was right. It is considerably less costly to engage a sexual harassment claims defense lawyer up front who has the experience to train employees on how best to avoid sexual harassment claims from developing. After the fact, the financial costs to an employer can be exorbitant.
The reputation of the business can be damaged, as well. If senior management, or in particular, a CEO is involved, the damage may be exacerbated. CEO sexual harassment defense lawyers understand what is at stake if this occurs. That is why we take every precaution to protect an employer from such claims arising by consistently ensuring that employers at every level are taking part in the proper training. This type of training in California is mandated by the Civil Rights Department of the State of California.
What to do When a Sexual Harassment Claim Occurs
When a workplace sexual harassment claim is filed, an employer must be able to rely on and partner with a sexual harassment claims lawyer like Chauvel & Glatt. We know how to assist with a proper, timely and unbiased investigation from beginning to end – whether it be an internal investigation or with an attorney investigator.
If a sexual harassment claim is found to be substantiated, we will then counsel our clients on the most legally sound paths forward in terms of counseling protocol; or, when necessary, a legally sound termination that involves all of the required steps and protocol.
To reiterate, sexual harassment in the workplace is illegal. Our number one goal is to make sure that our clients establish the proper training and no tolerance point of view with regard to sexual harassment. This must be communicated throughout the organization and at every level of employment. Hopefully, with all of the right measures and training in place, a sexual harassment claim will not occur. If it does, however, we’ve got your back and will get to work defending you.