Common Mistakes of Sexual Harassment Victims

You know you’ve been harassed and it’s time to take action. Your next steps could have important consequences for your sexual harassment case. Educate yourself and preserve the integrity of your sexual harassment case. Click through the links below to our articles and videos detailing some of the common mistakes that sexual harassment victims make and  Read More …

Do I Need a Sexual Harassment Lawyer?

Sexual harassment laws can be complicated, and if you feel that you have suffered sexual harassment in the workplace, we strongly urge you to consult with a experienced sexual harassment lawyer as soon as possible to analyze the facts of your case and educate you about your rights and options so that you can make  Read More …

Rumors Can Be Both Sexual Harassment and Defamation

Sexual rumors about an employee in the workplace can support causes of action for both sexual harassment and defamation. Defamation requires a false statement that damages the reputation of the subject person. Sexual harassment in the workplace can include the spreading of false rumors about the sexual activity of an employee. In order to qualify  Read More …

When is “consent” not consent?

In sexual harassment cases, the accuser must prove that the alleged harasser made “unwanted” sexual advances or engaged in other unwanted verbal or physical conduct of a sexual nature”. (These words come from the California jury instructions, CACI; see for example CACI Instruction 2520 Quid Pro Quo Sexual Harassment.) In the sexual harassment jury instructions,  Read More …

Sexual Harassment and Bullying in the Contra Costa County School District Under Investigation by OCR

In early November, the Department of Education’s Office for Civil Rights (OCR) released an investigation on the West Contra Costa School District that found that the district is home to a pervasive environment of sexual harassment and assault and that the district failed to adequately address such issues, in violation of Title IX of the  Read More …

What is Sexual Harassment According to the U.S. Equal Employment Opportunity Commission?

Sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment when submission to or rejection of this conduct explicitly or implicitly affects an individual’s employment, unreasonably  Read More …

Proving Implicit Conditions For Quid Pro Quo Sexual Harassment: Victim Must Only Show that Condition Was Reasonably Inferred

In order to establish a case of quid pro quo sexual harassment, an employee must show that the harasser explicitly or implicitly conditioned a job, a job benefit, or the absence of a job detriment, upon the employee’s acceptance of sexual conduct.” Heyne v. Caruso, 69 F.3d 1475, 1478 (9th Cir.1995). In quid pro quo  Read More …

Sexual Harassment Victim Prevails on Gender Violence Cause of Action Under the Ralph Act

In the case of Ventura v. ABM Industries Incorporated (2013) 212 Cal.App.4th 258, the California Court of Appeal held that hate is not a necessary element to prove in determining whether one has violated Civil Code § 51.7, which prohibits threats or violence because of an individual’s gender. The plaintiff in the case, Ms. Ventura,  Read More …

Emotional Distress Claims in Sexual Harassment Cases

Victims of sexual harassment often add a claim for intentional infliction of emotional distress to their complaints. To support a claim for intentional infliction of emotional distress, a plaintiff must prove that the defendant’s conduct was so outrageous that it exceeded all bounds that are usually tolerated in a civilized community.  Severe emotional distress means  Read More …

Using Your Strengths to Overcome Sexual Harassment

Determine your top five character strengths and how to use them to overcome and cope with the effects of sexual harassment in the workplace. Sexual harassment can create an offensive work environment, leaving victims feeling fear, guilt or shame—but they are far from helpless in overcoming and coping with the effects of harassment. Get informed,  Read More …

What is Sexual Harassment According to the U.S. Equal Employment Opportunity Commission?

Sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment when submission to or rejection of this conduct explicitly or implicitly affects an individual’s employment, unreasonably  Read More …

“Bad Apples” and Their Effect on the Work Environment

Sexual harassers, who can often be deemed the “bad apples” of the work place, often have a large negative effect on the work environment beyond merely the conflict between the harasser and the victim. The Wall Street Journal recently printed an article titled “How a Few Bad Apples Ruin Everything”, which analyzes how nasty or  Read More …

Sexual Harassment Education Requirements in California

The Broderick Law Firm provides training and education regarding sexual harassment for employees in compliance with California Government Code Section 12950.1. All supervisory employees in California must receive two hours of training and education in sexual harassment every two years, if their company has fifty or more employees. The training must consist of classroom or  Read More …

Coping with Sexual Harassment

There is no easy answer as to how a victim of sexual harassment should go about coping with sexual harassment and  with the stressful effects of being harassed in the workplace. Some victims struggle with asking themselves why they have been harassed and wonder if they did something to give the harasser the wrong impression.  Read More …

Harassment in Business, Service, and Professional Relationships

In 1994, the California Legislature declared that, “sexual harassment occurs not only in the workplace, but in relationships between providers of professional services and their clients.” To address cases of sexual harassment in business and professional relationships, the Legislature added California Civil Code Section 51.9, which created a cause of action for sexual harassment that  Read More …

The Silencing of Sexual Harassment

The number of sexual harassment charges filed per year has decreased, but this does not indicate that sexual harassment in the workplace has slowed down. In fact, recent poll shows that 1 in 4 women face sexual harassment in the workplace. These sexual harassment claims increasingly either go unreported or are handled through arbitration and  Read More …

Why Do Young Women Find it Difficult to Report Sexual Harassment?

There are a number of reasons why women do not report sexual harassment in the workplace. We would like your feedback about what you think is the predominant reason. Some women report that they are afraid that they will be blacklisted by employers if they report sexual harassment. Many feel that they will get fired,  Read More …

Are You Required to Make a Complaint to the Employer?

Although reporting the harassment is not a strict requirement for the victim in order to prevail in a lawsuit against the employer, a report puts the employer on notice to take steps to stop the harassment. Reporting the harassment will help to prove to the jury that the conduct of the harasser was unwanted and  Read More …

Employers are Responsible for Sexual Harassment By Supervisors

An employer is strictly liable for the sexual harassment by supervisors and agents in the workplace under the California Fair Employment and Housing Act. In contrast, if the harasser is a co-worker, not a supervisor, then a victim must show the employer knew or should have known about the co-worker’s harassment and failed to take  Read More …

Jury Instructions for Defining Supervisor in a Sexual Harassment Case

Even though the definition of a supervisor in the California Fair Employment and Housing Act contains the language, “if, in connection with the foregoing, the exercise of that authority is not of a merely routine or clerical nature, but requires the use of independent judgment”, the California jury instruction known as CACI 2525 defines a  Read More …

Proving Sexual Harassment in the Workplace

To prove a case of hostile work environment sexual harassment, a sexual harassment victim must prove that: 1. He or she was subject to unwelcome sexual harassment; 2. The harassment was based on his or her sex; 3. The harassment was sufficiently severe or pervasive so as to alter the conditions of employment and create  Read More …