Santa Clara Employment Attorneys

Protecting Employee Rights

Silicon Valley Sexual Harassment Lawyer

What Is Sexual Harassment?

It is unlawful to harass an employee because of their sex, California Government Code Section 12940(j)(1)

Sexually harassing behavior includes:

Sexual favors;

Unwanted sexual advances and propositions;

Verbal conduct, including epithets, slurs or derogatory comments, and comments about a person's body, appearance, or sexual activity;

Physical conduct including assault, impeding or blocking movement, OR any physical interference with normal work or movement;

Visual harassing including leering looks, offensive gestures whether or not the harassment also results in the loss of a tangible job benefit

Your Employer Has An Obligation To Cause Sexual Harassment To Stop

Reasonable steps to prevent discrimination and harassment from occurring include:

affirmatively raising the issue of harassment;

expressing strong disapproval of harassment;

developing appropriate sanctions against harassment;

informing employees of their rights and instructing them to report harassment, 2 California Code of Regulations 7287.6(b)(2)-(3).

Appropriate corrective action is some form of discipline, however mild, that contributes or eliminates the problem at hand, Intlekofer at 778. If the employer fails to take even the mildest form of discriminatory action the remedy is insufficient, Ellison, 924 F.2d 882. Action is corrective only if it contributes to the elimination of the problem at hand. Disciplinary measures are more likely to decrease the likelihood of repeated harassment than a mere request to stop the behavior, and so discipline is what a corrective action is, Intlekofer at 778.

The mere presence of an employee who has engaged in particularly severe or pervasive harassment can create a hostile working environment...To avoid liability....for failing to remedy a hostile environment, employers may even have to remove employees from the workplace if their mere presence would render the working environment hostile...When employers cannot schedule harasser to work at another location or during different hours, employers may have to dismiss employees whose mere presence creates a hostile environment, Ellison v. Brady, 924 F.2d 872, 883 (9th Cir. 1991).

A common issue in sexual harassment cases we are involved in is the sexually harassed employee complains and receives a schedule change, but then schedule still overlaps with the sexual harasser, or the sexual harasser still in some form supervises controls the sexually harassed employee unjustly complains about their job performance thereby retaliating against the victim of sexual harassment.

Our Sexual Harassment Case Results:

$675,000 For Sexually Harassed Employee

$315,000 Sexual Harassment Settlement for a Gas Attendant Worker

$305,000 Sexual Harassment of Pizza Delivery Lady

$270,000 Sexual Harassment & Employment Termination

$165,000 Sexually Harassed 18 Year Old

$160,000 Sexually Harassed Illegal Alien

WE ADVANCE COURT COST.

ALL CASES ARE TAKE ON CONTINGENCY.

WE ARE ONLY PAID IF WE WIN!

Call now and find out if you have a case right over the phone.

(877) 525-0700

Our Firm: No upfront fees or costs

Contingency Fee Representation

All employment cases for employees are taken on a contingency basis. We are only paid a fee when and if we win your case, and we advance all litigation costs. Our goal is to make expert legal representation accessible to every hardworking employee.

Serving Santa Clara County

We have proudly served all of Santa Clara County since 1993.

The Employment Lawyers Group has successfully handled

2,000+

Separate California Employment Cases

Sample Case Results

Disclaimer: These results are based on the facts of these specific cases and do not guarantee or predict a similar result in any future case.

About Firm Founder, Karl Gerber

Firm Founder, Karl Gerber, has been an employment wrongful termination attorney since 1993. He has represented a wide range of employees throughout California.

Mr. Gerber has won 51 of the binding arbitrations and jury trials he first chaired, and a number of his appeals are published. This deep trial experience is the foundation of the firm's strategic approach to litigation.

The employment attorneys employed by the Employment Lawyers Group have worked at the firm well in excess of five years, have also tried many different labor cases, and have all been extensively trained on employment wrongful termination by Karl Gerber.

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