Sexual Harassment in Business and Professional Relationships
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California law prohibits sexual harassment in business and professional relationships. Professionals working in California can be held liable for sexual harassment occurring in their business, service and professional relationships under California Civil Code Section 51.9. Professionals covered by this statute include: physicians; psychotherapists; dentists; attorneys; social workers; real estate agents and appraisers; accountants; bankers; trust officers; financial planner loan officers; collection service professionals; building contractors; escrow loan officers; executors, trustees and administrators of estates; teachers; landlords; and property managers. Anyone in a relationship that is substantially similar to the relationships enumerated above can also be held liable under section 51.9.
The section 51.9 protection against sexual harassment in business, service and professional relationships significantly expands the protection against sexual harassment in the California Fair Employment & Housing Act and Federal Title VII. According to the California Supreme Court, the legal analysis for determining whether a defendant’s conduct is sufficient to constitute sexual harassment is largely the same for sexual harassment in professional and business relationships as it is for sexual harassment in the workplace.
If you believe you have been sexually harassed by someone that you are in a professional relationship with, call the Broderick Law Firm. We can help.
Sexual Harassment in Business and Professional Relationships
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If you are professional working in California, you can be held liable for sexual harassment occurring in your business, service and professional relationship under California Civil Section 51.9. Professionals covered by this statute include: physicians; psychotherapists; dentists; attorneys; social workers; real estate agents and appraisers; accountants; bankers; trust officers; financial planner loan officers; collection service professionals; building contractors; escrow loan officers; executors, trustees and administrators of estates; teachers; landlords; and property managers. Anyone in a relationship that is substantially similar to the relationships enumerated above can also be held liable under section 51.9
After showing that a business, service or professional relationship exists between the plaintiff and the defendant, the plaintiff must prove that he or she was sexually harassed by the defendant professional. Sexual harassment occurs when the defendant has made unwelcome and pervasive or severe sexual advances, solicitations, sexual requests, or demands for sexual compliance by the plaintiff, or when a defendant engages in verbal, visual or physical conduct of a sexual nature or of a hostile nature based on gender, that is unwelcome and pervasive or severe.
The plaintiff must also prove that he or she us unable to easily terminate their relationship with the defendant, and that he or has suffered or will suffer economic loss or disadvantage or personal injury. Economic injury includes emotional distress or the violation of a statutory or constitutional right caused by the defendant’s actions.
The section 51.9 protection against sexual harassment in business, service and professional relationships significantly expands the protection against sexual harassment in the California Fair Employment & Housing Act and Federal Title VII. According to the California Supreme Court, the legal analysis for determining whether a defendant’s conduct is sufficient to constitute sexual harassment is largely the same for sexual harassment in professional and business relationships as it is for sexual harassment in the workplace.
In addition to the statutory claims under California FEHA and federal Title VII, a victim of sexual harassment may also have related common law tort claims against the harasser. Depending upon the circumstances of the case, attorneys make tactical decisions as to whether to accompany a claim for sexual harassment with a claim for infliction of emotional distress, assault, battery, defamation, invasion of privacy, or some other tort that might fit the circumstances. Tort claims can be particularly useful in the event that a statutory element or prerequisite for a claim has not been met, such as when a plaintiff has failed to obtain a right to sue letter for all or part of a harassment claim.
Pregnancy discrimination in the workplace is a specific type of gender discrimination. Victims of pregnancy discrimination are protected under several pregnancy discrimination acts, including the federal Family Medical Leave Act of 1993, the California Pregnancy Disability Leave statute, and the California Family Rights Act. Under these pregnancy discrimination laws, pregnant employees are given the right to be granted leave from work, so that they have time to care for and bond with their children. In addition, the laws make it unlawful for employers to discriminate based on the potential for a female employee to become pregnant. Employees can sue employers who commit “maternal profiling” or who deny pregnant employees leave or wrongfully terminate pregnant employees.
The Family Medical Leave Act, which applies to men and women, allows those who qualify up to four months for leave from work. Similarly, the California Pregnancy Disability Leave statute provides pregnant women who meet the eligibility requirements up to four months leave, and this leave runs concurrently with the Family Medical Leave Act. Separate from the California Pregnancy Disability Leave statute is the California Family Rights Act. This Act allows women, after California Pregnancy Disability Leave ends, to take an additional twelve week leave, provided they qualify for leave under the act.
It is illegal for employers to commit workplace discrimination, including pregnancy discrimination. An employer who refuses to hire a woman because she has children or who plans to have children, or who violates an employee’s statutory right to take leave from work or wrongfully terminates a pregnant employee, violates federal and state law and can be liable for damages.
A sexual harassment victim should be aware that mental health care records can come into play in making a claim for psychological damages under sexual harassment statutory claims or for common law tort claims for emotional distress.
Torts related to Sexual Harassment
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When a victim suffers from sexual harassment, there are often related torts that the harasser has committed during the course of the harassment. A tort is a civil wrong recognized by the common law that has caused damage to a person or property, for which a plaintiff can sue for damages. Torts that often coincide with sexual harassment are intentional infliction of emotional distress, negligent infliction of emotional distress, assault, battery, defamation, and invasion of privacy.
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The Broderick Law Firm for Victims of Sexual Harassment and Employment Discrimination
Sexual Harassment and Discrimination
Sexual harassment can include unwelcome sexual advances, requests for sexual favors, verbal conduct, or physical conduct which affect or interfere with an individual’s work performance or create an offensive work environment for that individual.
Sexual discrimination can include failure to hire or adverse employment action due to gender or sexual orientation. The Broderick Law Firm believes strongly in the fair treatment of all individuals regardless of sex and is committed to representing individuals who have been victims of sexual harassment in the workplace. Mr. Broderick has the experience and knowledge necessary to help you recover the damages you are due. He will vigorously pursue your claim of sexual harassment or sexual discrimination to get you a positive result.
“Quid Pro Quo” Sexual Harassment
“Quid Pro Quo” sexual harassment is when a supervisor makes sexual conduct of an employee a condition for employment benefits or advancement or a condition for avoiding adverse employment action or for advancement.
Hostile Work Environment Sexual Harassment
Hostile work environment sexual harassment occurs when an employee is subject to unwelcome sexual advances or offensive gender-related language or behavior that is sufficiently severe or pervasive from the perspective of a reasonable person with the same fundamental characteristics as the offended employee.
This type of harassment must be sufficiently severe or pervasive to alter the conditions of the offended employee’s employment and create an abusive environment. A single instance of sexual harassment in the “hostile work environment” context may be sufficient, but repeated instances increase the severity of the events, so that a reasonable person would be more likely to find the conduct sexually harassing due to its repetition.
In regard to unwanted sexual advances, a complaining employee must generally show that he or she gave notice that the advances are unwelcome.
Although favoritism by a supervisor towards an employee with whom the supervisor is having a consensual sexual affair does not ordinarily constitute harassment of other employees, a pattern of sexual favoritism may constitute a hostile work environment in the event that the message by management is that sexual affairs are a way to get ahead in the workplace.
Retaliation
It is illegal for an employer to retaliate against a sexual harassment or discrimination victim for making a claim of sexual harassment, for participating in a sexual harassment investigation, or for opposing discriminatory practices.