Practice Areas

Sexual Harassment, Sexual Assault and Sexual Battery in the Workplace

Workplace harassment on the basis of sex is prohibited under the law. Harassment occurs when someone engages in unwelcome conduct in the workplace that creates an environment that is hostile, intimidating or offensive. For example, a co-worker or supervisor may say or do things that make an employee feel uncomfortable and/or offended. Also, an employee may be subjected to touching, non consensual physical contact or physical intimation that negatively affects their job performance. 

As a victim of sexual harassment, an employee may feel a whole range of emotions such as stress, frustration, powerlessness, hopelessness, anger, anxiety, depression, and loss of self-esteem. An employee may decide not to show up to work because of anxiety or depression as a result of the harassment.

Employees are usually reluctant to report sexual harassment, sexual assault or sexual battery due to fear of being retaliated against or fired. It is illegal to retaliate against an employee for reporting unlawful sexual harassment, sexual assault or sexual battery. California employers have an obligation to stop harassment in the workplace.  California employers who become aware of a harassment problem must conduct an immediate and thorough investigation, as well as take appropriate steps to correct the problem.

If you have questions about sexual harassment, sexual assault or sexual battery, please call Kletter Law at (415) 434-3400 or schedule an appointment to meet with us.

Sexual Harassment
We can help you understand sexual harassment in the workplace.  Sexual harassment is illegal and can take two forms:

  • “Quid Pro Quo” (“this for that”): Occurs when a supervisor offers some job benefit (e.g. promotion, pay raise) in exchange for sexual favors.  It also occurs when an employee is punished in some way because he or she refused to submit to a supervisor’s request for sexual favors.
  • “Hostile Work Environment”: Occurs when an employee is subjected to unwanted sexual conduct that is sufficiently consistent and pervasive or severe to alter the terms or conditions of the employment.  For example, the sexual conduct may unreasonably interfere with work performance or create an abusive, intimidating or offensive work environment. Even non-employees such as a customer or vendor can create a hostile workplace and the employer may be liable for their harassing conduct.

People often think that sexual harassment is when a man harasses a woman because of her gender.  However, it can also involve people of the same sex or a woman harassing a man.  Examples of sexual harassment in the workplace include:

  • Touching any part of the employee´s body that makes the employee uncomfortable (e.g. back, shoulders, legs, hugging)
  • Leering or constantly staring at the employee
  • Sexually suggestive comments
  • Repeatedly asking out on dates
  • Sexual innuendos
  • Comments about anatomy
  • Repeatedly asking questions regarding the employee´s personal life
  • Showing pornography
  • Sending inappropriate e-mails, DMs, texts or links
  • Excessive attention or flattery

Please contact us immediately if you have questions about sexual harassment.

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Cary was very helpful in helping me navigate getting to the next step regarding my new construction. He was interested in learning the details involved and took his time to discuss my concerns. I would highly recommend him!
Julie C.
Julie C.
2023-08-16
I needed a local lawyer to answer some difficult questions on an employment issue I had while being a long term employee with my employer. His insight was in valuable and provided me with all my options as well as a few optional plans to follow. Thank you very much Cary.
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Mark N.
2023-08-12
Cary is simply one of the best in the business. His knowledge of the law is elite, his ability to connect with clients is a game-changer, and the way he puts them at ease no matter how tense the situation can be is really what makes him stand out. I would recommend Cary to anyone even considering hiring an employment attorney. He really leaves zero stones unturned, and achieved the best possible outcome for me.
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Dara R.
2023-07-17
I found Cary on Yelp. He responded quickly even on a holiday weekend morning. He also set up a face to face meeting right after hearing my case. He gave me professional and useful legal advice on my house selling. Definitely I will hire him again if I have legal advice needs.
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Yun L.
2023-05-27
I am going to sell a property off market , and was informed that I could use a lawyer to do this. I was not knowledgeable about real estate. Cary Kletter was very informative and explained things very well. He is easy to talk to and makes himself available. I am very glad that I reached out to him.
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2023-05-26
Cary responded to my inquiry in a timely manner. The conversation with him is clear and straightforward, he not only talked about the legal basis of my case, but also potential pitfalls. The information is very helpful. We will work together if the case have to be pushed forward.
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Faye H.
2023-05-26
Cary was really helpful in my conversation with him ! He was articulate, to the point and frank about the options regarding my legal matter. He spent time looking through documentation and giving me an informed, thorough response. Loved the experience !
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2023-04-05
I recently consulted with Cary Kletter regarding a possible wrongful termination case. From the very beginning, Cary responded quickly to my inquiry, which set the tone for our entire interaction. Although I cannot disclose the specifics of my case, I can say that Cary was extremely thorough in explaining the legal process and concepts to someone like myself, who had no prior knowledge of these matters. Cary's professionalism, knowledge, and expertise led to a positive outcome in my case, which exceeded my expectations. Working with him was truly a 10/10 experience. I wholeheartedly recommend Cary Kletter to anyone in need of an employment attorney. You won't be disappointed!
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I needed help with landlord-tenant law questions. I called Mr. Lee's office. Mr. Lee returned my call and answered all my questions the same day that I called him. I called him 2 other times and he always responded in a timely fashion. I appreciate that Paul was always there when I needed help.
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