Sexual Harassment

Tough Los Angeles Attorney for Sexual Harassment Defense

When your company is charged with sexual harassment, it is imperative to seek legal counsel. Harassment has a broader definition than some people realize. Your company can be sued, and damages may be recovered even when the conduct at issue was not motivated by sexual desire. Rather the court will look at whether workplace behavior and decisions were based on an employee’s sex, sexual orientation, gender identity, pregnancy, childbirth, or related medical conditions. If your business has been sued or has been threatened with the possibility of a lawsuit due to sexual misconduct by one of its managers, employees, customers, or contractors, you should consult experienced Los Angeles sexual harassment attorney Ben Mehdian of Mehdian Law, APC. He understands the intricacies of these lawsuits, and how often they come down to credibility, and the employer’s response to the charges and seeks best results for his clients. Call him for a consultation before your company finds itself further embroiled in this damaging type of dispute.

Defending Sexual Harassment Lawsuits

Your company could face a sexual harassment lawsuit under state or federal law, or both, depending on the number of employees you have. Title VII of the Civil Rights Act is the federal law that prohibits sexual harassment. It applies to companies that have at least 15 employees. You should be aware that the legal definition of harassment is a little different than what many people assume it is. Sexual harassment under Title VII involves harassing or unwelcome behavior based on an employee’s sex. Even jokes based on sex or remarks about people of a particular sex could be construed as sexual harassment in an EEOC investigation or in court, which is why it is crucial to retain a seasoned lawyer to defend your business when it appears that an employee may pursue legal recourse. It is also important to remember that the alleged victim and harasser can be of the same sex.

It is important to take proactive measures to protect your business once you realize a complaint may be filed. Under federal law, our lawyers may be able to show that the incident was isolated or a matter of teasing or trivial, to guard against the potential harm to your business.

Attorney to Protect Your Los Angeles Business

The California Fair Employment and Housing Act (FEHA) provides broad and aggressive remedies to plaintiffs who claim to have been sexually harassed in the workplace. Harassment is actionable under FEHA even when the plaintiff is an independent contractor providing services to the company, and even when the plaintiff is the only independent contractor or employee for the company.

A company could face a harassment complaint if the plaintiff alleges that he or she was propositioned for sexual favors, subject to derogatory comments, or assaulted. Sometimes an employee or independent contractor argues that harassment perpetrated by a supervisor or manager was quid pro quo harassment in which that authority figure promised certain beneficial actions would result if the employee provided sexual favors or submitted to the harassment. For  instance, the court would likely consider it sexual harassment for a manager to promise an employee a raise if she sleeps with him. Most situations of claimed harassment, however, are more ambiguous and complicated and less clear-cut. For that reason, you should talk to a seasoned lawyer who understands how to investigate and build a defense in these types of cases where establishing your credibility is paramount.

FEHA allows plaintiffs to hold a company strictly liable for a supervisor’s harassment of an employee or independent contractor. Additionally, the employer can be held liable for other employees’ harassment of an employee if the company acted negligently.

Unlike with Title VII, FEHA does not cap damages for sexual harassment claims. Plaintiffs can recover compensatory damages, emotional distress damages, and sometimes punitive damages for a company of any size.

Consult a Seasoned Sexual Harassment Defense Lawyer

In the current social climate, if your business faces a sexual harassment lawsuit, you may feel that the deck is stacked against you. It is important to protect what you’ve worked hard to build. Contact an experienced Los Angeles employment defense attorney able to develop sophisticated strategies to counter the class action process. Ben Mehdian can evaluate the facts of the litigation and determine a bold, fearless strategy to seek the outcome your business needs. Call the seasoned Los Angeles employment defense attorney Ben Mehdian of Mehdian Law, APC at (844) 463-4342 or (310) 889-0706 or contact us to schedule a consultation.