Advocacy Center For Employment Law

A Story of Harassment in the Workplace

This video shows a typical sexual harassment scenario between an employee and her supervisor. It begins with a few inappropriate comments from a supervisor, then a proposition to go on a date, which the subordinate rejects. Then this rejection leads to unequal and unfair treatment, after which point the employee goes to see a supervisor and files a human resources complaint.

In response, the supervisor wants to immediately fire the employee, despite not having just case because her employment performance is not suffering. That is when the supervisor’s boss steps in. He does not remedy the situation and the victim files a complaint with Human Resources. Would you have handled the situation any differently?

Part 2: http://www.youtube.com/watch?v=9rgAj1gDQIE

Part 3: http://www.youtube.com/watch?v=cqlJgTnSX0o

Workplace sexual harassment is illegal in California. However, only an experienced employment law attorney can determine if you have a valid claim in a court of law. Sexual harassment victims in San Jose should call Advocacy Center for Employment Law at (888) 703-2911. Our experienced staff can ensure that your rights are protected and that your interests are served.

Is Your Employer Violating Your Right to Privacy?

You do not automatically waive your right to privacy when you accept a job offer. An employer must be clear with their expectations and information policies throughout the duration of your employment. If you feel discriminated against because your boss found out confidential and sensitive information about you by violating your privacy, you may have a legal cause of action to sue. Here is more information about how to determine if your rights are being violated and whether you should contact a discrimination lawyer:

Reasonable Right to Privacy

Not all of your employment data is automatically private. In determining whether your rights have been violated, courts will try to look objectively at the data breach. Judges will consider whether there has been a reasonable expectation of privacy by the employee and whether the employer’s conduct has been unreasonably intrusive. Looking through a company email database may be normal, but using a keystroke logging software to steal your personal bank password is not. Only an experienced employment lawyer can help you gauge the strength of your claim.

Most Technology Is Not Private

It is important to note that your employer can assert their rights over all the data on your company laptop, desktop, or Blackberry. In using their hardware, you consent to the employer’s policies regarding usage and data storage on company hard drives. Whenever possible try not to send personal or sensitive information through these channels, as your employer can control these files. However, courts have looked slightly more favorable on checking web-based email on company computers.

If you feel violated because your employer found out something sensitive by violating your workplace privacy, you may have a legal claim. Only an experienced employment rights attorney can assess the strength of your claim. California resident should all (888) 703-2911 to schedule an appointment with the San Jose office of Advocacy Center for Employment Law.

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Why Sexual Harassment Isn't Just an Issue for Women

Workplace harassment can affect men as well as women. As more women rise up the ranks in middle and senior management positions at work, more men are filing sexual harassment complaints. US employment law applies equally to both men and women, and it is important for victimized men to seek legal help if they’ve been affected.

Harassment is Gender Neutral

Unwanted touching or taunting in the workplace is just as damaging to men as it is to women. Outdated social stigmas may prevent men from actively seeking help. However, that all seems to be changing. The Equal Opportunity Employment Commission estimates that men file over 2,000 sexual harassment claims every year, and that number seems to be growing in the midst of the recession. Before the economic downturn, men may have easily escaped negative situations by finding another job. But with unemployment numbers only slightly below 10%, more men than ever are looking toward the law for help.

There are Many Forms of Sexual Harassment

All sexual harassment is against the law, no matter the gender of the victim. There are generally two kinds of sexual harassment situations at work: the first is a hostile working environment filled with sexual comments or touching, and the second is quid pro quo sexual harassment. The latter means that someone in authority implied that the sexual harassment is necessary to get a promotion or keep one’s job. Both types of harassment are illegal, and victimized men are eligible to seek legal remedies.

You should not have to tolerate any kind of sexual harassment in the workplace, no matter what your gender. Men may feel stigma about reporting claims or seeking out legal remedial, but an experienced employment rights attorney can walk you through the process. If you’re worried that you’ve been the victim of sexual harassment, call (888) 703-2911 to schedule an appointment with the Advocacy Center for Employment Law in San Jose.