Employee Protections Against Sexual Assault and Abuse in San Francisco Workplaces
Sexual assault in workplaces in San Francisco often begins with acts of sexual harassment. While both are unlawful, it is important to understand when sexual harassment becomes sexual assault. In short, as soon as there is unwanted or involuntary sexual contact, the behavior becomes sexual assault under the California Penal Code. Accordingly, the perpetrator can be held civilly and criminally accountable, while an employer may also be civilly liable.
Employers generally can be liable for sexual harassment or assault when they are the perpetrators themselves in cases of quid pro quo sexual harassment, as well as in circumstances where the employer failed to protected against or address sexual harassment and abuse through workplace policy.
Protections against sexual harassment and abuse exist under the California Fair Employment and Housing Act (FEHA), and federally under Title VII of the Civil Rights Act of 1964. Both laws prohibit discrimination on the bases of sex and gender, which includes sexual harassment. Being sexually harassed or sexually assaulted at work is unlawful, and it is important to consider filing a claim. In addition to prohibiting sexual harassment and abuse, state and federal laws also prohibit retaliation against an employee who comes forward with a claim or participates in an investigation. If you have been a victim of sexual harassment or assault in the workplace and are considering your legal options for civil or criminal action, you should speak with a sexual assault lawyer.
Employer Liability in San Francisco for Sexual Harassment and Sexual Assault
The Civil Rights Department of the State of California makes clear that employers can be liable for sexual harassment “by their supervisors or agents” in addition to their own liability when they engage in acts of sexual harassment or abuse. In addition, “all harassers, including both supervisory and non-supervisory personnel, may be held personally liable for harassment or for aiding and abetting harassment.”
Moreover, California law requires employers “to take reasonable steps to prevent harassment,” including by non-employees, and may be liable if they fail to do so. Indeed, employers can be liable for third-party harassment or sexual abuse when the employer “knew or should have known of the harassment and failed to take immediate and appropriate corrective action.”
It is also critical for employees to know that California law now has additional protections concerning sexual harassment and assault in relation to restrictive covenants. Your employer cannot prohibit you from talking about sexual harassment or sexual assault — not in agreement for continued employment, in exchange for a severance package, or similar. The relatively new law, known as the “Silenced No More Act,” was put into place to ensure that California employees could speak out against sexual violence in the workplace.
Contact Our San Francisco Sexual Assault Lawyers Today
If you were sexually harassed or sexually assaulted by an employer, supervisor, co-worker, or any third party while you were at work, you should seek advice immediately from the firm of Venardi Zurada LLP about filing a claim. Contact our experienced San Francisco sexual assault lawyer today to get started on your case. Call us at (833) 893-6763 or contact us online to schedule a consultation.
