Attorney to Sue LAUSD for Sexual Harassment
If you are a staff or faculty member in one of the many fine districts of the Los Angeles Unified School District and have been sexually harassed, you need to contact an experienced employment lawyer to help represent you and get you the compensation you deserve. The California Employment Attorneys Group is here to provide you all the information you require in order regarding sexual assault and the representation you need to award you the compensation to which you are entitled.
Sexual harassment is against the law. The United States has a rather dark history when it comes to discrimination based on sex. Employers could fire employees for simply being a woman, and making sexual advances on them was perfectly legal. If the woman refused, the employer could fire her without any reprimand or legal action. Thanks to the heroes of the Civil Rights Movement, Congress enacted the Civil Rights Act of 1964 which made it unlawful for employers to discriminate against their employees based on certain characteristics. These characteristics include sex, race, religion, country of origin, age, disability, pregnancy, and sexual orientation. State laws may include more features such as gender identity and gender expression to protect members of the LGBTQ community from discrimination. Victims of sexual harassment can sue their employers and collect compensation for the consequences of their employer’s unjust and immoral actions. All employees deserve to have representation and legal counsel with a team of lawyers who understand and have incredible experience with employment law.
The California Employment Attorneys Group is here for you. If your employer has made sexually harassed you, contact us so that we may give you the representation and compensation you deserve.
What Is Sexual Harassment?
Sexual harassment is a form of sexual discrimination, as deemed by the courts. Illegal sex discrimination occurs when an employer treats an employee differently or unfavorably because of their sex. Employers must not treat employees differently simply because of their sex throughout any part of the employment process, which includes interviewing, hiring, and firing, as well as promotions and benefits which are available to employees. So for example, let’s say a woman applies for a position as a computer programmer – a job and profession which is currently mostly occupied by men due to several factors including systemic sexism. The employer thinks she’s very qualified for the position but believes that women are not as technically gifted as men and does not hire the programmer, even though she is the most qualified. The woman’s rights have been infringed and can file a lawsuit against that employer.
Sexual Harassment is defined as any unwelcome sexual advance, request for sexual favors, or other verbal or physical conduct of a sexual nature that produces an offensive or hostile work environment, explicitly affects that individual’s employment, unreasonably interferes with work performance. For example, a woman can be exposed to sexual harassment if a male employer makes an unwelcome sexual advance with the promise of a raise or promotion because the advance is unwelcome and creates an offensive work environment. If the woman rejects his advance and is then fired, it has now interfered with her employment and is also falls under sexual harassment.
As stated above, sexual harassment has been considered a form of sex discrimination by the courts because the actions taken by the employer are based on the victim’s sex. Victims of sexual harassment can be both women and men, and the perpetrators can also be both women and men; the harassment can stretch across the sexual spectrum, i.e., it can be of a heterosexual nature as well as a homosexual one.
Not every offensive comment, however, will qualify as sexual harassment in terms of what the law dictates. If you believe that you have been a victim of sexual harassment, contact an employment lawyer who understands the laws which protect employees and will also treat you like a person who deserves respect and empathy.
What Are the Laws for the LAUSD?
The Los Angeles Unified School District (LAUSD) must comply with the laws set at the federal and state level. It must maintain a working and learning environment that does not condone or approve and is free from sexual harassment of or by employees, as well as students, and third parties that have an affiliation with the school district.
According to the LAUSD website, conduct that can constitute as sexual harassment includes, but is not limited to, the following listed below:
- Physical: There is unwelcome touching, pinching, kissing, patting, or hugging; the blocking of normal movement; stalking; sexual acts or assault; and/or the physical interference with work because of a person’s perceived sex, orientation, gender identity or expression of said identity.
- Verbal: Unwelcome conduct which includes suggestive, derogatory, or vulgar comments; making unwanted sexual advances, invitations, comments; using sexual innuendos; making threats, demands, adding pressure to submit to sexual requests in order to keep a job or receive a promotion/raise or to avoid a loss, like benefits.
- Visual: There can be no sexually suggestive objects, pictures, posters, written material, cartoons, or drawings; use of graffiti, computer-generated images; or use of obscene gestures.
How to File a Charge Against the LAUSD
If you have been sexually harassed, you have the right to file a lawsuit against the LAUSD. Before you can take them to court, however, you must first file a charge with an employment government agency. The Equal Employment Opportunity Commission (EEOC) is the agency at the federal level which enforces the federal anti-discrimination laws. The Department of Fair Employment & Housing (DFEH) is the state agency which enforces the anti-discrimination laws made in California. Both are available to you and will protect your rights under both sets of laws.
Both agencies have a work-sharing agreement in order to work in tandem and protect your rights. Having a work-sharing agreement means that when you file your charge with one agency, an identical copy is made and sent to the other agency. This practice is known as dual-filing and serves to protect your rights under both agencies.
Once the agency launches an investigation, you may request a “right-to-sue” letter.
There are a couple of statutes of limitations for which you have to look out, as well as the proper procedure for sending your charge. Speak to your employment lawyer for all the information you need to file your charge properly.
The California Employment Attorneys Group
We are a team of expert lawyers who have years of experience in employment law. We at the California Employment Attorneys Group are here to ensure that justice gets served and that your employer pays for their disregard for the law. Sexual harassment can be a very traumatizing event and can leave long-lasting effects. You deserve to have an attorney who will fight for your rights and get you every last cent of the compensation you deserve.
We offer free consultation, which gives you the chance to speak with one of our lawyers about your case at no financial obligation to you. Upon taking your case, you will owe us nothing until the end of the trial and only if we are able to prove and win your case; this is our zero-fee guarantee. We believe that it is unethical to collect payment if we were not able to do our jobs and get you the compensation you need. With no financial obligation or risk on your part, it is only logical to give us a call to see what we can do for you.