Inappropriate Physical Contact

Intro:

Under California law, unwanted and inappropriate touching in the workplace is recognized as a serious matter that could lead to criminal charges and significant damages in a civil suit. The following questions explain the legal definition of inappropriate touching or physical contact and what your legal remedies and options are if you are subjected to it.

1. What Legally Constitutes Inappropriate Touching In San Bernardino County Workplace Harassment Claims?

The general definition of Inappropriate touching in the workplace has two components: any physical contact that is (1) unwelcome and (2) of a sexual nature. Under California’s Fair Employment and Housing Act (FEHA), inappropriate touching includes unwanted hugs, kisses, shoulder rubs, groping, or brushing up against someone in a way that is sexual or suggestive.

For touching in the workplace to be considered harassment, it must be unwelcome and create a work environment that is intimidating, hostile, or offensive.

Inappropriate touching may be considered a form of sexual harassment, specifically called “hostile work environment” harassment, if it is severe or pervasive enough to interfere with your ability to perform your job. Even a single incident, if severe, can be grounds for legal action.

2. How Should I Report Unwanted Physical Contact In A Workplace Setting In San Bernardino County?

Before you report the incident, document it in detail. Make sure to include dates, locations, witnesses and any communication related to the event. Report the conduct to your supervisor or human resources department as outlined in your company’s internal complaint procedure.

If your employer fails to take appropriate corrective action or if they have no complaint policy, you can instead file a complaint with the California Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC). Both agencies have the power to investigate and, if necessary, issue a right-to-sue notice allowing you to pursue a civil lawsuit.

3. Can Inappropriate Touching At Work Lead To Criminal Charges In California?

In California, the nature and severity of inappropriate touching in the workplace determine whether it rises to the level of a criminal offense. Inappropriate touching can be classified as sexual battery under California law if the perpetrator intentionally touched an intimate part of you for purposes of sexual arousal, gratification or abuse without consent.

Sexual battery is a criminal charge. Conviction could mean jail time, fines and mandatory registration as a sex offender. In addition to criminal prosecution, the same conduct can also give rise to a civil sexual harassment or sexual assault lawsuit.

4. What Legal Remedies Are Available If I’ve Experienced Physical Sexual Harassment In San Bernardino County?

Victims of physical sexual harassment in San Bernardino County may be entitled to several legal remedies under California law, including:

• Monetary compensation for emotional distress, lost wages, and medical or psychological treatment expenses
• Punitive damages in cases of egregious conduct
• Job reinstatement
• Changes to workplace policies
• Orders requiring the employer to implement preventative measures, such as sexual harassment training

You must file a complaint with the California Civil Rights Department (CRD) within three years of the incident to preserve your legal rights. After obtaining a right-to-sue notice from the CRD, you are entitled to pursue a civil claim against both your harasser and your employer if they knew or should have known about the misconduct and failed to take action.

Call To Action (CTA):

Inappropriate touching or unwanted physical contact in the workplace should never be a concern, but it happens. If it happened to you, you should immediately report it to your employer. If your employer fails to act swiftly or appropriately, you should speak with an attorney to understand your legal rights and options.

The Hannemann Law Firm has stood alongside and represented California clients in situations like yours for more than three decades. Contact us today for a free case evaluation at (909) 980-7878.