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Law, Liability And Lewd Comments

It is not always easy to find a job, and once you do find a job, there is no guarantee that you are going to have a job that you necessarily like. Whether because of the required hours, the tasks at hand or the general environment, not liking your job is an American privilege. It is ultimately up to you whether you choose to continue working or to head off and find something new or better. You have that right, you have that choice.

However, not liking your job because of sexual harassment that you experience at the workplace is not okay. When you are at your place of work you have the right to feel safe, regardless of your gender, race or age. If you feel uncomfortable at your workplace due to the comments, actions or overall attitude of one person or a group of people, then you may be experiencing sexual harassment.

Sexual harassment is a serious concern, one that infringes on an individual's right to work. You do not have to let unwanted advances or comments chase you away from your job. If you are experiencing sexual harassment, there are legal steps that you can take to protect yourself and others at your place of employment.

What is Sexual Harassment?

Sexual harassment is any unwelcome sexual conduct, whether it be physical or verbal. While sexual harassment can happen in any context, when it happens within the work environment there can be direct legal repercussions.

There are two primary types of sexual harassment that happen within the workplace:

Hostile Environment: This is a type of harassment that leads an individual to feel uncomfortable in their place of work as a result of lewd remarks or physical molestation.

Quid Pro Quo: This type of harassment occurs with the suggestion of "pay for play" with sexual favors for some sort of benefit, such as career advancement or enhanced pay. This form of sexual harassment often presents with the implication that certain work privileges, such as scheduled hours or access to opportunities is contingent on sexual favors or flirtation.

Sexual harassment is codified as illegal under both Federal and California State law. It is the responsibility of the employer to prevent and/or address sexual harassment in the workplace by providing a safe work environment for all employees. If you do not feel safe at your place of work due to either a single or repeated instance of sexual harassment, then your employer may be liable. Your best course of action is to discuss your potential suit with a licensed attorney who can help you gain understanding about the legal ramifications of your situation and advise you of your best options.

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