Sexual Harassment

Sexual harassment is unwelcome conduct on the basis of gender. It is defined by the Equal Employment Opportunity Commission (EEOC) as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:
  • submission to the conduct is made either explicitly or implicitly a term or condition of an individual’s employment, or
  • submission to or rejection of the conduct by an individual is used as a basis for employment decisions affecting such individual, or
  • the conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment.
Sexual harassment can occur in a variety of circumstances, including but not limited to the following:
  • The victim as well as the harasser may be a woman or a man. The victim does not have to be of the opposite sex.
  • The harasser can be the victim's supervisor, an agent of the employer, a supervisor in another area, a co-worker, or a non-employee.
  • The victim does not have to be the person harassed but could be anyone affected by the offensive conduct.
  • Unlawful sexual harassment may occur without economic injury to or discharge of the victim.
  • The harasser's conduct must be unwelcome.
The state and federal laws related to sexual harassment are constantly changing and it is important that you find an attorney that stays up to date with the current state of the law. At Janssen  Malloy LLP we recognize that there is a need for Humboldt County to have local lawyers that are well-versed in sexual harassment law. We have attorneys who regularly attend Continuing Legal Education Courses on employment law and continuously stay appraised of the current state of the law related to sexual harassment. We have litigated numerous sexual harassment cases in both state and federal court, representing both employees and employers. 

If you are an employee who believes you have been the victim of sexual harassment, please contact our office so that we can set up a consultation with an employment law attorney. If you are an employer and do not have a sexual harassment policy in place, or need to update your policy, please contact us so that we can help you create a sexual harassment policy that will provide you with legal protection. If you are an employer that has been accused of sexual harassment, please contact our office to discuss the matter as soon as possible. Sexual harassment cases have specific deadlines and it is important that you contact an attorney to protect your legal rights as soon as you learn of a potential sexual harassment claim.