# Sexual Harassment Lawyer In Sacramento | Employment Lawyer > Sexually harassing behavior includes : Sexual favors, Unwanted sexual advances and propositions; Verbal conduct, texts, sexual assault Source: https://sacramentolaborattorney.com/sexual-harassment-lawyer/ Firm: Employment Lawyers Group — employee-side employment lawyers since 1993. Serving Sacramento County, California. Phone: (916) 340-0000 (calling is the fastest way to reach the legal team) Office: 777 Campus Commons Rd, #200, Sacramento, CA 95825 Contact form: https://sacramentolaborattorney.com/contact/ Consultations are free and confidential; cases are taken on contingency. --- It is unlawful to harass an employee because of their sex, California Government Code Section 12940(j)(1). **Sexually harassing behavior includes :** 1. Sexual favors; 2. Unwanted sexual advances and propositions; 3. Verbal conduct, including epithets, slurs or derogatory comments, and comments about a person’s body, appearance, or sexual activity; 4. Physical conduct including assault, impeding or blocking movement, OR any physical interference with normal work or movement; or 5. Visual harassing including leering looks, offensive gestures whether or not the harassment also results in the loss of a tangible job benefit, ## Your Employer Has An Obligation To Cause Sexual Harassment To Stop Reasonable steps to prevent discrimination and harassment from occurring include : 1) affirmatively raising the issue of harassment; 2) expressing strong disapproval of harassment; 3) developing appropriate sanctions against harassment; 4) informing employees of their rights and instructing them to report harassment, 2 California Code of Regulations 7287.6(b)(2)-(3). Appropriate corrective action is some form of discipline, however mild, that contributes or eliminates the problem at hand, Intlekofer at 778. If the employer fails to take even the mildest form of discriminatory action the remedy is insufficient, Ellison, 924 F.2d 882. Action is corrective only if it contributes to the elimination of the problem at hand. Disciplinary measures are more likely to decrease the likelihood of repeated harassment than a mere request to stop the behavior, and so discipline is what a corrective action is, Intlekofer at 778. The mere presence of an employee who has engaged in particularly severe or pervasive harassment can create a hostile working environment…To avoid liability….for failing to remedy a hostile environment, employers may even have to remove employees from the workplace if their mere presence would render the working environment hostile…When employers cannot schedule harasser to work at another location or during different hours, employers may have to dismiss employees whose mere presence creates a hostile environment, Ellison v. Brady, 924 F.2d 872, 883 (9th Cir. 1991). A common issue in sexual harassment cases we are involved in is the sexually harassed employee complains and receives a schedule change, but then schedule still overlaps with the sexual harasser, or the sexual harasser still in some form supervises controls the sexually harassed employee unjustly complains about their job performance thereby retaliating against the victim of sexual harassment. ### Employer May Be Held Liable Sexual Harassment Lawyer Sacramento “An employer may be held liable for ‘negligence or recklessness in failing to respond to hostile work environment sexual harassment’ Davis v. U.S.P.S., 142 F.3d 1334, 1342 (9th Cir. 1998) citing to Hirschfeld v. New Mexico Corrections Dep’t, 916 F.2d 572, 577 (10th Cir. 1990). Employers are liable for failing to remedy sexually harassing environments they knew of or should have known of, Hirschtein v. New United Motor, 92 Cal.App.4th 994, 1007 (2001); Creamer v. Laidlaw Transit, Inc., 86 F.3d 167. 170-171 (10th Cir. 1996); Harrison v. Eddy Potash, Inc., 112 F.3d 1437, 1444 (10th Cir. 1997). Constructive knowledge of sexual harassment is imposed on employers if the harassment is pervasive, Huddleston v. Roger Dean Chevrolet, Inc., 845 F.2d 900, 904 (11th Cir. 1988); Varner v. National Super Markets, Inc., 94 F.3d 1209, 1213 (8th Cir. 1996); Farpella-Crosby v. Horizon Health Care, 97 F.3d 803 (5th Cir. 1996), and this determination is a question of fact, Reich v. Dept. of Conversation & Natural Resources, Alabama, 28 F.3d 1076, 1082 (11th Cir. 1994); Allen v. Tyson Foods, Inc., 121 F.3d 642 (11th Cir. 1997). Failing to investigate, or repudiate the employee’s conduct by redressing the harm done and punishing or discharging can cause an employer to be liable for punitive damages if their non-managerial agent committed an act of discrimination, Roberts v. Ford Aerospace, 224 Cal.App.3d 801, 274 Cal.Rptr. 139, 144 (2nd App. Dist. 1990). sexual harassment in the office work place Bradley v. Dept. of Corrections, 71 Cal.Rptr.3d 222 (2008) requires that the employer’s sexual harassment investigator must understand, and the investigation must ultimately, be aimed at 1) determining fault; 2) ensuring the claimant is safe from harassment; 3) to determine what steps are needed to stop the harassment, Id. Merely listening to the claimant is not enough, Id. Employees who are fired for complaining of sexual harassment, or due to their participation in a sexual harassment investigation, may sue under the Fair Employment and Housing Act for the loss of in a their employment, California Government Code Section 12940(h). Do not hold back facts if you are making a sexual harassment complaint. Provide as much information as possible, or you will later be accused of not mentioning a critical aspect of the sexual harassment that was perpetrated. If you are involved sexual harassment investigation, be careful about naming witnesses. If you are not sure if somebody saw something, do not claim they are a witness. If there are witnesses who are ex-employees or family members be sure to tell the employer about these people, and offer access to any non-employees you have contact information for but your employer may not. **Our Sexual Harassment Case Results:** 1. **$675,000** For Sexually Harassed Employee 2. **$315,000** Sexual Harassment Settlement for a Gas Attendant Worker 3. **$305,000** Sexual Harassment of Pizza Delivery Lady 4. **$270,000** Sexual Harassment & Employment Termination 5. **$165,000** Sexually Harassed 18 Year Old 6. **$160,000** Sexually Harassed Illegal Alien Contact us, or call (916) 340-0000 toll free to consult with an Employment Lawyers Group sexual harassment lawyer, supervised by Karl Gerber who will be the lead attorney on your case. ## Our Firm: No Upfront Fees or Costs ### Contingency Fee Representation All employment cases for employees are taken on a **contingency basis**. We are only paid a fee **when and if we win** your case, and we **advance all litigation costs**. Our goal is to make expert legal representation accessible to every hardworking employee. ### Serving Sacramento County We have proudly served all of Sacramento County since 1993. Ready to discuss your case? (916) 340-0000 Submit A Contact Form The Employment Lawyers Group has successfully handled 2,000+ Separate California Employment Cases ## Media Engagements ## Sample Case Results breach of commission contract $1,150,000 Unpaid commissions of two plaintiffs unpaid wages $875,000 For 4 oil field service industry workers whose times worked were not recorded on timesheets and were on-call forced to work without pay standby pay case $800,000 Controlled stand by class action settlement Disclaimer: These results are based on the facts of these specific cases and do not guarantee or predict a similar result in any future case. ## Practice Areas [Discrimination Age, Disability, FMLA/CFRA, Gender, National Origin, Pregnancy, Race, and Sexual Orientation discrimination claims.](https://sacramentolaborattorney.com/discrimination-lawyer/) [Unpaid Wages & Overtime Recovering earnings for overtime, bonuses, commissions, meal & rest break violations, and prevailing wage claims.](https://sacramentolaborattorney.com/unpaid-wages-lawyer/) [Sexual Harassment Compassionate and effective representation for sexual harassment and hostile work environment claims.](https://sacramentolaborattorney.com/sexual-harassment-lawyer/) [Wrongful Termination Representing employees terminated in violation of public policy, contracts, or California and federal law.](https://sacramentolaborattorney.com/wrongful-termination/) [Leaves & Retaliation Protecting employees who face adverse actions after reporting illegal activity or taking protected medical leave.](https://sacramentolaborattorney.com/leave-of-absence-lawyer/) [Whistleblowers Advocating for employees who report fraud, waste, or abuse under California and federal whistleblower protection laws.](https://sacramentolaborattorney.com/whistleblower-lawyer/) ## Our California Locations ### Bakersfield [BakersfieldLaborAttorney.com](https://bakersfieldlaborattorney.com) 5401 Business Park S, #214, Bakersfield CA 93309 [(661) 412-9600](tel:6614129600) ### Los Angeles [EmployeeLawCA.com](https://employeelawca.com/) 611 Wilshire Blvd, #1023, Los Angeles CA 90017 [(323) 525-1600](tel:3235251600) ### Orange County [WorkLawyerOC.com](https://worklawyeroc.com) 2522 Chambers Rd, #100, Tustin CA 92780 [(714) 210-8000](tel:7142108000) ### Riverside [RiversideEmploymentLawyer.com](https://riversideemploymentlawyer.com) 9496 Magnolia Ave, #208, Riverside CA 92503 [(951) 367-1000](tel:9513671000) ### Sacramento [SacramentoLaborAttorney.com](https://sacramentolaborattorney.com) 777 Campus Commons Rd, #200, Sacramento CA 95825 [(916) 340-0000](tel:9163400000) ### San Bernardino [EmploymentAttorneySanBernardino.com](https://employmentattorneysanbernardino.com) 337 N. 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Market St, #300, San Jose CA 95113 [(877) 525-0700](tel:8775250700) ### Sherman Oaks [WorkLawyerCA.com](https://worklawyerca.com) 13418 Ventura Blvd, Sherman Oaks CA 91423 [(818) 783-7300](tel:8187837300) ### Torrance / South Bay [JobTerminationLaw.com](https://jobterminationlaw.com/) 3655 Torrance Blvd, 3rd Floor, Torrance CA 90503 [(310) 842-8600](tel:3108428600) ### Ventura / Oxnard [VenturaEmploymentLawyer.com](https://venturaemploymentlawyer.com) 4030 West Hemlock St, Oxnard CA 93035 [(805) 200-0100](tel:8052000100) ### Additional Sites [BostonLaborLaw.com](https://bostonlaborlaw.com) [DcLaborAttorney.com](https://dclaborattorney.com) [FresnoEmployeeLawyer.com](https://fresnoemployeelawyer.com) [JobLawyer.net](https://joblawyer.net) [MarylandLaborAttorney.com](https://marylandlaborattorney.com/) [ModemStud.com](https://modemstud.com) [VintageLosAngeles.org](https://vintagelosangeles.org) [WorkplaceLawyer.org](https://workplacelawyer.org) ## About Firm Founder, Karl Gerber Firm Founder, **Karl Gerber**, has been an employment and wrongful termination attorney since **1993**. He has represented a wide range of employees throughout California. Mr. Gerber has won **51 of the binding arbitrations and jury trials** he first chaired, and a number of his appeals are published. This deep trial experience is the foundation of the firm's strategic approach to litigation. The employment attorneys employed by the Employment Lawyers Group have worked at the firm well in excess of five years, have also tried many different labor cases, and have all been **extensively trained on employment and wrongful termination law by Karl Gerber**. [Meet Karl Gerber](https://sacramentolaborattorney.com/karl-gerber/) ## Ready to Discuss Your Case? Your rights as an employee matter. Submit a contact form and we'll get back to you. Submit A Contact Form [Call (916) 340-0000 Now](tel:9163400000)