Caring California Attorney for Same-Sex Harassment Claims
Sexual harassment perpetrated by a member of the same sex is just as damaging as other types of harassment. Lewd jokes, sexist comments, or unwanted advances aimed at members of the same sex, regardless of either party’s sexuality and identity, create an environment of fear and hostility.
You don’t have to stay silent against same-sex harassment. At the Law Offices of Stephen B. Morris, our San Diego sexual harassment attorneys give victims in Orange County, Irvine, and other Southern California areas a voice against sexual harassment.
What Constitutes Same-Sex Sexual Harassment?
Have you been subjected to same-sex sexual harassment at work or college? If so, don’t make the mistake of thinking you’re out of luck because your situation isn’t the “traditional” view of sexual harassment. It doesn’t mean the harassment is any less considerable. You’re entitled to justice.
Same-sex harassment is similar to “traditional” sexual harrasment, taking the form of unwanted physical or verbal advances, promises of promotions or good grades in trade for sexual favors, and other inappropriate behaviors that create a hostile environment.
California LGBTQA+ Sexual Harassment Laws
Rights of LGBTQA+ Workers
Under California’s Fair Employment and Housing Act (FEHA) and the Mogilefsky v. Superior Court decision, same-sex sexual harassment can be tried in court to the same extent as harassment between members of different sexes. California law dictates that a victim or perpetrator’s sexual orientation plays no part in sexual harassment claims, and employers, managers, and supervisors can be investigated and tried in court.
Rights of LGBTQA+ College Students
Under Title IX, LGBTQ students are protected against sexual harassment from professors, college faculty, and staff members, regardless of their sexual orientation or gender identity. They have the same rights as victims of “traditional” sexual harassment and deserve to have a voice against harassment and retaliation.
What Should You Do When Sexually Harassed by a Member of the Same Sex?
The first thing to do in the face of sexual harassment is to remind yourself it isn’t your fault. You have a right to a voice and justice. With legal counsel from our California lawyers, you can stand up to the perpetrator.
Our skilled sexual harassment lawyers will listen to and address your concerns with respect, dignity, and compassion. We encourage victims to speak out against harassment from employers, supervisors, professors, college faculty, and other perpetrators in positions of power in the workplace or classroom.
Our lawyers will help you file a complaint with the Department of Fair Employment and Housing (DFEH) to begin the process of investigation into your employer or college. The DFEH can help attorneys clear the path to pursue legal recourse in the courtroom.
Frequently Asked Questions
Yes, sexual harassment between members of the same sex is illegal in California. It doesn’t matter the gender or sexual orientation of the victim and perpetrator. If you’ve experienced sexual harassment, you’re entitled to justice. File a report with the DFEH or Title IX and consult with an attorney to learn the steps to justice.
Some examples of same-sex sexual harassment in the workplace or college include:
- Inappropriate comments
- Unwanted physical or verbal advancements
- Lewd jokes
- Promises of promotion or better grades in return for sexual favors
- Creating a hostile, unwelcoming environment
Title IX protects LGBTQA+ and straight students against sexual harassment from college professors, faculty, and staff. It includes protections against harassment and retaliation. Students are entitled to speak out against wrongful treatment regardless of their sexuality or gender.