APRIL IS SEXUAL ASSAULT AWARENESS MONTH

April is sexual assault awareness month. Besides awareness, it is a time to honor victims of sexual assault. To a nonlawyer, sexual assault is when somebody has been touched and/or physically violated. Those wrongs are actually battery, and sexual battery in California if intimate body organs such as genitals, breasts, or the buttocks was touched by another person without consent. Otherwise, unlawful touching is regular battery.

As an employment lawyer who has represented victims of sexual harassment since the 1990s, sexual assault awareness month is something I feel compelled to discuss. If victims understand the common pratfalls, perhaps they can become empowered. Empowerment is key in stopping sexual harassment, reporting it, and even seeking legal assistance.

Some of the initial issues with workplace sexual harassment include:

. embarrassment to the point the victim is afraid to complain

. fears of retaliation

. questions whether the victim is right

. blame for unconsented, intentional, clearly wrong conduct by somebody else

. who do I tell because my manager is the one sexually harassing me, where will this

  go?

. who will believe me?

The first step in becoming aware is to not blame yourself for somebody else’s wrongful conduct. Unless you have been in a dating, or otherwise serious relationship with somebody they should not be touching your sexual organs. In the workplace, employees should not be touching each other at all let alone stroking them, or giving shoulder massages. Supervisors may even be prohibited by the employer from entering into romantic relationships with subordinates. Almost every company has written policies, and often training, about not making lewd sexual remarks to coworkers, or engaging in sexual harassment. If somebody is commenting about a coworker’s breasts, or making sexual remarks to them they have crossed the line.

CAN YOU STOP SEXUAL HARASSMENT

It is important to try to stop the sexual harassment. Laughing it off, or pretending it is a joke is not the way to stop sexual harassment. Clearly saying no is ok if it is a somewhat benign comment, perhaps flattery, or an unwanted request for romance. The concept somebody has to keep trying until they get what they want does not apply to coworkers, supervisors, or managers trying to start a sexual relationship. Just saying no about a clear invasion, involving body touching, is not enough.

Just saying no after the second comment, or request for romance is not enough. The victim must be empowered to report the conduct. If it is a supervisor, the manager needs to know. If it is a manager, somebody higher needs to know. The complaint should be in writing, and nothing should be held back. Obscene comments or touches to a private part of the body must be disclosed. Often, companies have hot lines and human resource departments.

Lawyers become involved when the harasser did not stop, it was not a supervisor, and not much happened. Attorneys are also needed if the employee made reasonable efforts to contact another supervisor, manager and/or human resources and the result was not adequate. It is always advised to formally complain to human resources.

Inadequate results after complaining include:

. Claims the sexual harassment could not be corroborated

. A refusal to separate the sexual harasser if the conduct was mild enough it did not warrant termination

. Not firing the sexual harasser if the conduct merited it

. Retaliating against the employee for complaining

. Making the victim of sexual harassment change their schedule or location of work to

  something less desirable

. Firing the victim for complaining about sexual harassment

HONORING VICTIMS OF SEXUAL HARASSMENT

The Employment Lawyers Group would not be the law firm it is without the trust victims of sexual assault placed in the law firm. Few of our sexual harassment clients knew who we were before they reached out to us. These men and women decided to put their trust in us for a reason, and we returned for them.

Our sexual harassment clients have ranged from age 17 to women in their 60s. These clients, of different ages, have connected with our lawyers over the years. We have tried to help our clients understand our mission is to help them, and they come first. The very existence of our law firm is to help victims of sexual harassment from all walks of life, and gender identifications.

We have tried in court, and in binding arbitration, different kinds of sexual harassment cases. One case involved a gay male sexually harassing a straight male, including exposing his penis. Another case involved a second-time victim who was the mother of eight children. Another case involved an older woman sexually harassed in a professional work environment. One binding arbitration involved a young woman sexually harassed by a manager. Sexual harassment is not always straight man on straight woman. We have seen it all.

Besides the binding arbitrations and trials for sexual harassment, there have been many settlements. Many of these settlements were life changing for the victims. One woman received 6-7 times her yearly wages and decided to get her master’s degree. A recent woman in her early 20s was able to stop working and get her bachelor’s degree after we resolved her case involving serious sexual assault and battery by a coworker.

If you need help call (818) 783-7300

Karl Gerber has been a California employee lawyer since 1993. Sexual harassment and group wage theft cases are the only legal matters he takes on these days to do 100% of the lawyering. He has won several appeals in sexual harassment cases, tried them, and otherwise recovered the upwards of $100,000,000 for victims of sexual assault and harassment. Mr. Gerber has written scores of articles on sexual harassment, and been the voice behind the “Karl Gerber, Workplace Lawyer Show” broadcast on AM and FM radio. He is also licensed to practice law in the District of Columbia, Massachusetts, and Texas.