Same Sex Sexual Harassment in the Workplace

By James Samuel Bell -

The statutory authority for cases based on sexual harassment in the work place is found in California’s Fair Employment and Housing Act. There are two main theories of liability. Therefore, you must decide whether you were sexually harassed by a fellow employee or supervisor under a hostile work environment and/or quid pro quo theory of liability. Under Government Code Sections 12940(h) and (j), a fellow employee’s or supervisor’s repeated unwanted sexual advances towards you are pervasive if they made the conditions of your employment intolerable. This is the case under a hostile work environment theory of liability. Additionally, you may feel that your job security is conditioned upon your submission to your fellow employee or supervisor’s sexual advances. This is the case under a quid pro quo theory of liability.

In Mogilefsky v. Sup.Crt. (1993) 20 Cal.App.4th 1409, 1418, the Court held that a cause of action for sexual harassment in violation of Government Code Section 12940(h) may be stated by a member of the same sex as the harasser based on either the hostile work environment or the quid pro quo theory. In Mogilefsky, a male producer pressured a subordinate male employee, to sleep with him in his hotel room bed on two occasions. Id. at 1412. The employee was told by other employees “that another male employee had been fired for not going to [the producer's] suite when ordered to do so, and that [the editor] should consider the consequences before refusing.” Id.

If you were harassed by a member of the same sex you are entitled to protection under the law. Therefore, if you believe that resistance to unwanted sexual advances would result in your being fired or in an adverse report to your human resources department, you should contact an employment attorney in order to get advice regarding the many protections the law affords employees in your position.

If you need experienced Los Angeles [http://www.jsblaw.net/index.cfm?ThisPage=laborandemployement]sexual harassment attorneys. The law firm of Bell & Weinstein has excellent Los Angeles employment law attorneys. We can help you with your Los Angeles sexual discrimination and employment law needs.

James is the managing partner at the Los Angeles, California law firm known as Bell & Weinstein. Bell & Weinstein is an experienced and aggressive full-service law firm devoted to representing clients nationally and internationally.

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