#TimesUp Should Not Time Out: Taking a Stand to End Sexual Harassment, Discrimination and Retaliation

By Patrick McNicholas | March 28, 2018

Recent movements, such as #TimesUp and #MeToo, have called for an end to sexual assault, harassment and inequality in the workplace spawning from a bevy of allegations against Hollywood moguls and others.  The claimants have helped put into the public eye the magnitude and pervasiveness of these issues within the entertainment industry. They have also inspired confidence in those who had been silenced by shame.

For decades, McNicholas & McNicholas has been an advocate for victims of employment discrimination, sexual harassment and retaliation. And based on that experience, you don’t have to be a celebrity, or a victim of a celebrity, to take a stand against sexual harassment, discrimination and retaliation within the workplace. Our experience has shown us that everyday people can be victims of these illegal practices too, and change created by #TimesUp and #MeToo is not lost.

Our firm has represented many individuals who have fallen victim to harassment, discrimination or retaliation at work. No one deserves to work in a hostile work environment. Or put another way, everyone deserves to be able to go to work, support themselves and their families free of harassment, discrimination and retaliation.  If you have experienced this, please contact us at 310-474-1582.

What is considered sexual harassment?

Generally, in California unlawful workplace sexual harassment occurs when an employee suffers adverse employment actions as a result of their gender or sexual orientation.

Common examples of sexual harassment can include:

  • Physical harassment, like unwanted touching
  • Verbal threats or implied threats of a sexual nature
  • Inappropriate sexual jokes, derogatory comments or innuendos
  • Visual harassment, like posters, pictures, screensavers or signs
  • Showing favoritism based on gender or gender orientation
  • Aggressive or repeated requests for sexual favors.

It is also sexual harassment if an employer or supervisor offers an employee some kind of benefit which is conditioned upon the employee submitting to a sexual favor, or if an employer or supervisor threatens an employee with some sort of work-related action, such as being fired, unless the employee submits to certain sexual demands.

Are you being retaliated against for reporting sexual harassment or discrimination?

If you have suffered discrimination or sexual harassment, you have a right to file a complaint. Your employer, and anyone in the workplace, may not retaliate against you for doing so. If you have been subjected to adverse employment actions as a result of reporting illegal actions or violations of the law, you should consult an attorney.

Some examples of retaliation include:

  • Being denied a promotion or raise, contrary to previous performance reviews/work history.
  • Being put on probation or a leave of absence/ being laid off, contrary to previous performance reviews/work history.
  • Being subjected to a hostile work environment, i.e. being made to feel unwelcome or uncomfortable so as to have no other choice but to quit.
  • Being fired.

If you have experienced harassment, discrimination or retaliation at work, please contact us at 310-474-1582.

Related Articles

Posted in Blog