Sexual harassment is unlawful, and individuals who engage in this type of misconduct can face serious consequences. These could include civil liabilities or even criminal charges. If you are being subjected to harassment at work, you may be asking yourself, “What are the consequences of sexually harassing someone?” Victims of harassment often seek representation from a sexual harassment attorney who can explain which sexual harassment penalties may apply to their case.
Termination or Demotion
Employers in California often take sexual harassment seriously. Business owners understand that failing to act can lead to civil liabilities and reputational harm. Actions that employers can take include firing, suspending, or demoting workers who engage in this form of misconduct.
The accused worker also has rights, which is why disciplinary actions often follow an internal investigation. In some cases, the employer may choose to hire an outside investigator to make sure the findings are accurate and objective.
Workplace harassment remains a serious concern across the country, with 12% of women reporting harassment while working on-site. Over the course of a lifetime, nearly 88% of women experience some form of sexual misconduct at work or elsewhere.
Long-Term Reputational Harm
Being accused of sexual harassment can lead to reputational harm. Sexual harassment cases involve highly inappropriate acts that, when proven, demonstrate that a worker disregards the rights of co-workers, along with state and federal laws. Even when the accusations do not lead to criminal charges, word of the misconduct and any investigation findings can follow the harasser for years or longer. This can potentially make finding employment elsewhere difficult.
Civil Liability
Harassers can be held civilly liable for the harm they caused, and they can place their employers in jeopardy of legal action as well. Sexual harassment in the workplace often results from a permissive work culture. If the victim of workplace harassment takes legal action, they could potentially be compensated for emotional distress, lost wages, or punitive damages. A Los Angeles sexual harassment lawyer can represent them through this process.
Harassment or Stalking Charges
While many workplace harassment accusations remain civil matters, there are times when the harasser can potentially be charged with a crime. This often results from physical contact. Unwanted physical contact, especially around intimate or private areas of the body, can escalate the situation and lead to criminal charges, such as sexual battery or assault.
Ongoing harassment, even without physical contact, can be charged as a crime in California. A related offense of stalking can also lead to serious consequences for the accused, including the potential for confinement in jail. For anyone seeking accountability, the decision to hire a harassment lawyer can be a critical first step toward securing justice and fair compensation.
Social Consequences
Harassment allegations can deeply affect personal relationships and social standing. Friends, family, and community members may distance themselves. In some cases, the accused may face online backlash or public exposure that leads to a loss of social support. Allegations of sexual misconduct can also affect custody issues in family court or complicate immigration cases, depending on the individual’s circumstances.
FAQs
Q: What Can Happen to an Employee Who Commits Sexual Harassment?
A: An employee who engages in sexual harassment can face serious disciplinary action, such as suspension, demotion, or even termination. The employer may also initiate an internal fact-finding investigation that could follow the accused party in future job searches. Depending on the facts of the case, the harasser could face legal consequences as well. In certain cases, the employer could also face civil liabilities.
Q: What Are the Legal Penalties for Workplace Sexual Harassment?
A: Legal penalties for workplace sexual harassment can include civil liability, court-ordered financial compensation, and, sometimes, punitive damages. In more severe cases, where physical assault or stalking is involved, criminal charges may apply. Victims in areas like Newport Beach and Anaheim may file claims under state and federal law, and employers can also face penalties for failing to prevent the harassment or properly address complaints.
Q: How Does Sexual Harassment Affect the Workplace?
A: Sexual harassment can affect the workplace in several ways, such as:
- Damaging morale
- Creating fear among workers
- Leading workers to seek employment elsewhere
Sexual harassment can also expose the company to civil claims and public backlash. Employers who fail to take action may face legal consequences. A workplace culture that tolerates harassment undermines productivity, trust, and long-term success across all levels of the organization.
Q: Can Employers Be Held Responsible for an Employee’s Sexual Harassment?
A: Yes. Employers can be held legally responsible if they knew or should have known about the harassment and failed to take action. Under California law, employers are required to prevent and address sexual harassment. They can do this by having clear policies and training. If employers ignore complaints of sexual harassment, they may face civil liability.
Q: Can Sexual Harassment Lead to a Criminal Record?
A: Sexual harassment can lead the harasser to face criminal charges. If they are convicted, they will have a criminal record that could potentially follow them for life. Acts such as physical contact, threats, or stalking can quickly escalate from civil to criminal offenses that involve law enforcement. Anyone convicted of a serious sex crime could be required to register as a sex offender in addition to facing the other consequences of a conviction.
Hire a Sexual Harassment Lawyer From California Employment Counsel, APC, Today
The consequences of sexual harassment can be significant, especially when victims take decisive action with an employment attorney. At California Employment Counsel, APC, our team of award-winning lawyers understands how devastating workplace harassment can be for the morale and mental health of workers in California. We are dedicated to holding harassers accountable for the harm they caused.
Nicholas A. Hane, Esq., has been a Trial Counsel with California Employment Counsel, APC, since 2017, bringing the discipline and leadership honed during his service as a U.S. Marine Corps captain. Founding attorney Raymond E. Hane III offers nearly 30 years of experience and has been named a Southern California Super Lawyer in Employment Law every year since 2009. Schedule your consultation today to pursue justice and accountability.