What is Workplace Harassment in San Jose?
Harassment is a form of illegal conduct that involves unwelcome behavior based on an employee’s protected characteristic or membership in a protected group. At Venardi Zurada LLP, we represent clients who have been forced to endure abusive environments. Under state law, the California Fair Employment and Housing Act (FEHA) provides a wide range of protections to employees. There are also several federal laws that provide protections, including Title VII of the Civil Rights Act of 1964.
Harassment is unlawful when it creates a hostile work environment. Generally speaking, a hostile work environment exists when offensive conduct is so severe, or is pervasive enough, that a reasonable person would consider the environment to be intimidating or abusive. While the conduct usually must occur repeatedly to rise to this level, some isolated incidents are severe enough on their own to create an unlawful environment.
Types of Harassment We Handle
Harassment in the workplace is not limited to just one type of behavior. It can manifest in many different ways. Our San Jose legal team handles cases involving:
Manager and Supervisor Harassment
In many cases, harassment comes from those in positions of power. In California, an employer is often held strictly liable for harassment committed by a supervisor. This means the company may be responsible regardless of whether they knew the harassment was happening.
Coworker and Peer Harassment
Harassment from colleagues can be just as damaging as harassment from a manager. If your employer knew or should have known about the conduct and failed to take immediate corrective action, they can be held legally accountable for the resulting harm.
Sexual Harassment and Quid Pro Quo
One common form of unlawful conduct is sexual harassment. This often appears as “quid pro quo” harassment, which translates to “this for that.” This involves situations where enduring offensive sexual conduct or providing sexual favors becomes a condition of keeping your job or receiving workplace benefits.
Discriminatory Harassment
This occurs when the harassment is motivated by a protected characteristic such as race, religion, disability, or age. While the focus of these claims is the hostile environment, the root of the abuse is illegal bias.
Bullying and Verbal Harassment
While general workplace friction is common, it becomes illegal harassment when it involves offensive jokes, ridiculing, name-calling, or threats that target a protected aspect of your identity.
Online and Cyber Harassment
Harassment frequently extends beyond the physical office. This includes displaying offensive images digitally, sending inappropriate emails, or using platforms like Slack and Zoom to create a hostile environment.
Retaliation
You are legally protected when you report harassment or participate in an investigation. If your employer takes adverse action against you because you stood up for your rights, you have a claim for unlawful retaliation.
Common Examples of Offensive Conduct
Offensive conduct associated with unlawful harassment can take many forms. Some examples include:
- Making threats or using intimidating language
- Using slurs or offensive name-calling
- Displaying offensive images or posters in the workspace or online
- Engaging in unwanted or inappropriate touching
- Telling offensive jokes that target specific groups
Contact Our San Jose Workplace Harassment Lawyers Today
Any job applicant or employee in San Jose who has experienced behavior that seems to rise to the level of unlawful harassment should seek legal advice immediately. At Venardi Zurada LLP, we are committed to ensuring you are treated with respect and dignity.
We offer free, confidential consultations to discuss your situation and explain your legal options. Our firm works on a contingency fee basis. This means you do not pay us any legal fees unless we recover money for you.
Call us today at (833) 348-3088 or contact us online to schedule your consultation.
"Highly Recommend"
Highly recommend them! I am very new to legal cases yet I was very thankful for the effective communication and help I got from the team. Speaking Spanish also helped me feel like home, thank you.
Anayely R.
"Mark’s advice was spot-on"
I retained Mark after consulting him regarding issues I was experiencing with my employer. Mark’s advice was spot-on, and he was extremely generous with both his time and billing. More importantly, Mark fought diligently for my rights throughout the process ensuring I was not taken advantage of. It can not be overstated how important it is to have a knowledgable attorney with integrity leading the way when you find yourself being bullied by a juggernaut of a corporation. Having Mark in my corner was the best decision I could have possibly made.
Chris C.
"Expert Negotiators, Genuine Care"
I am very thankful to have been represented by VZ Law Firm for my employment settlement. They did their best to negotiate a reasonable settlement amount for my case. I also felt very cared for by everyone I interacted with at the firm throughout the process. Highly recommend.
Natnael D.
"Your Best Choice for Employment Law"
If you need an employment attorney in the Bay Area, Tanya and the team at VZ are highly regarded, and I consider them the best choice. You won’t be disappointed.
Aaron F.
