Banker

Workplace sexual harassment in the banking industry is unwanted sexual advances or behavior of a sexual nature, whether physical, verbal, or visual. It can entail uninvited contact, graphic remarks, sexual gestures, assaults, or obscene communication. It can be an allegation of a supervisor or manager propositioning a worker for sexual favors in return for favorable treatment or a threat of adverse employment changes should the worker reject the sexual advances.

Facing a workplace sexual harassment allegation can be a stressful experience that comes with consequences like damage to your professional reputation, potential loss of employment, and considerable financial penalties. The skilled San Diego-based legal team at Empower Sexual Harassment Attorneys brings expert knowledge of laws, ensuring your rights are protected. We are dedicated to defending you against the allegation, maintaining your banking career, and reducing legal risks. We can gather evidence, conduct witness interviews, negotiate settlements, and offer robust trial representation.

Sexual Harassment Definition

Harassment in the workplace is a type of sex discrimination that breaches Title VII of the Civil Rights Act of 1964 and California’s Fair Employment and Housing Act (FEHA). It refers to unwelcome sexual advances and verbal, physical, or visual behavior that is sexual and establishes a hostile, offensive, or intimidating work environment because of an employee’s gender.

Please note that sexual desire doesn’t need to motivate the offensive behavior but could be based on a worker’s:

• Perceived or actual gender or sex identity
• Perceived or actual sexual orientation
• Childbirth, pregnancy, and related health conditions

In other words, the above definition includes numerous types of offensive conduct. It entails gender-based harassment of an individual of the same sex as the harasser and behavior that subjects colleagues to a toxic work environment.  It could be by a senior management employee, colleague, or client.

Sexual harassment can involve the following:

• Rude gestures
• Unwanted sexual propositions
• Derogatory slurs, comments, jokes or epithets
• Sexual discussions
• Graphic comments, obscene messages, or sexually degrading slurs
• Retaliation, including firing or denial of employment benefits after filing a harassment complaint.
• Threats to lower working hours, pay rates, and benefits for declining sexual requests
• Showing sexually suggestive pictures, posters, or objects
• Unsolicited physical contact, like back rubs, pinching, posterior slapping, or brushing against a person’s different body parts.
• Offering employment or other job-related benefits in return for sex.

Laws and Statutes

Some of the laws that address workplace sexual harassment in the banking industry include the following:

• AB 9 — Also called Stop Harassment and Reporting Extension (SHARE), AB 9 outlines an alleged victim’s right to petition the California Fair Employment and Housing Act within three years of the incident. Workplace sexual harassment is broadened to involve discrimination or retaliation due to an employee’s safeguarded characteristics, like gender, sexual orientation, sex, gender identity, religion, race, disability or age.
• SB 1343 — SB 1343 is an amendment to the FEHA. Previously, AB 1825 required only employers with at least fifty employees to undergo sexual harassment prevention training, and it was only for managerial staff. SB 1343 broadened the training to include employers with at least five employees. The new law requires companies to offer training to supervisory and nonsupervisory staff every two years.

Who Bears the Responsibility for Workplace Sexual Harassment?

Per California laws, employees who engage in sexual harassment are personally liable for damages for the harm inflicted on their victims, even if the employer knew of the sexual harassment.

Employers assume strict liability when a manager or the employer commits harassment. Therefore, if the victim’s supervisor is the defendant, the employer must pay the victim damages.

Furthermore, employers are liable for damages in cases where they knew or should have known of the sexual harassment but did not immediately resolve the matter.

Filing a suit is not the first recourse. Instead, the victim should first file a complaint with the California Department of Fair Employment and Housing (DFEH) and obtain a notice to sue.

You can request an immediate right-to-sue notice or allow the Civil Rights Department up to 150 days to investigate before filing a lawsuit.

Types of Sexual Harassment in the Banking Industry

Sexual harassment exists in two main categories, including the following:

Quid Pro Quo

Quid pro quo means “this for that’ or “something for something.” Quid pro quo harassment occurs if a supervisor promises an individual a job, promotion, or work-related benefits if they agree to their sexual advances. It could also involve threats, as the supervisor can warn a current employee of adverse action like reduced work hours or salary reduction if they do not agree to their request for sex.

The defendant should be able to make and execute the threats or enticements. If the quid pro quo conduct originates from a colleague of similar standing, it is deemed a hostile workplace since the defendant cannot retaliate directly.

Quid pro quo harassment is unlawful. Even a single occurrence can result in legal repercussions.

Hostile Working Environment

Sexual harassment turns into a hostile working environment if the offensive conduct is so severe or pervasive that it substantially alters the employment conditions, unreasonably disrupts work, or causes an intimidating, offensive, or toxic atmosphere.

A banker establishes a hostile working environment if they:

• Uninvitedly touch a fellow employee, and the conduct causes extreme emotional distress or discomfort to the alleged victim.
• Displays sexually explicit photos at work that interfere with another employee’s ability to work appropriately.
• Making offensive jokes     

Conduct may still constitute hostile work environment harassment even if it is not directed at a specific employee.

The legal standard of whether conduct can be deemed “hostile working environment sexual harassment” includes objective and subjective components. The objective aspect is where a prudent person in the alleged victim’s similar circumstances would consider the behavior offensive, hostile, and abusive. The subjective element involves your actions must have caused the victim emotional distress. The sexual harassment should be asserted to have impacted the victim’s mental status, affected their capability to work, or impeded their general health.

When determining whether the conduct was hostile to become workplace sexual harassment, the court considers the following:

• Case facts
• The frequency of the conduct
• The severity of the conduct

When Does Workplace Sexual Harassment Become a Criminal Offense

Typically, sexual harassment in the banking industry is a civil matter, and cases do not automatically qualify as criminal offenses unless they involve one of the following conduct:

Stalking a Person

Stalking involves harassing or threatening an individual to the point that they are scared for their safety, life, and the safety of their close family. The elements of the crime include the following:

• You deliberately and repeatedly followed or harassed the alleged victim
• You made credible threats with the intent to reasonably make the victim scared for their safety, life, or the safety of their family.

Harassment in the workplace becomes stalking if the alleged victim and you, the banker, were previously involved romantically. There must be plenty of phone calls and text messages before stalking can be considered a legal issue.

If the prosecutor files the stalking as a misdemeanor, a conviction can attract the following:

• A maximum of one year in county jail
• Fines not exceeding $1,000
• Misdemeanor probation

Felony stalking carries the following potential penalties:

• Up to 5 years in state prison sentence
• Maximum fines of $1,000
• Felony probation

The alleged victim may also pursue a civil lawsuit to recover damages.

Rape (Violation of PC 261)

Rape can involve the application of force, fraud, or threats to have nonconsensual sexual penetration with another person. If workplace harassment extends to nonconsensual intercourse, it can become rape.

Convictions attract a prison term of 3 to 8 years and mandatory sex offender registration. The court will also impose an additional three to five years in state prison if your alleged victim sustained great bodily injuries. Great bodily injuries refer to significant physical injuries like concussions, contusions, second and third-degree burns, gunshot wounds, and broken bones. 

Victims may also file civil lawsuits against you.

Indecent Exposure

Indecent exposure involves the deliberate public exposure of your private parts to offend others.

A first-time offense is considered a misdemeanor punishable by a maximum sentence of 6 months in county jail and fines of $1,000. A subsequent offense is a felony, attracting a maximum prison sentence of three years and fines of $10,000.

A conviction also involves sex offender registration for 10 years, regardless of whether it is a felony or misdemeanor.

Sexual Assault

The crime of sexual assault consists of touching another individual’s intimate body parts for sexual gratification without their permission.

Sexual intercourse or penetration does not have to occur for it to qualify as sexual assault. Bodily contact is sufficient, whether committed directly or via clothing. Sexual assault can be prevalent in workplace settings.

Misdemeanor sexual assault penalties include a 6-month jail term and fines not exceeding $2,000.

Felony sexual assault involves aggressive or severe sexual behavior. Penalties include up to four years of imprisonment, fines of up to $10,000, felony probation, and tier three lifetime sex offender registration.

False Imprisonment

False imprisonment consists of unlawfully confining or transporting an individual against their will. False imprisonment in the banking sector can occur when you force the victim to go or remain in a particular place unwillingly.

A misdemeanor conviction for false imprisonment is punishable by a maximum of $1,000 and one year in county jail.

A felony conviction for false imprisonment attracts a jail sentence of 3 years and fines not exceeding $10,000.

The maximum imprisonment becomes 4 years if the victim is:

• A dependent adult
• A senior citizen

Revenge Porn

You can face revenge porn criminal charges under PC 647(j)(4) if:

• You had a photo of the intimate parts of another person, or an image of you engaging in masturbation, sodomy, sexual penetration, sexual intercourse, or oral copulation
• You deliberately distributed the intimate photo
• You and the other individual had agreed the sexual or nude photo would remain confidential, or they did not consent to the distribution.
• You were aware or should have known distributing the photo would cause the victim emotional distress.
• The victim suffered emotional distress.

The crime is a misdemeanor punishable by six months in jail and a $1,000 fine. These criminal penalties can increase to a fine not exceeding $2,000 and a year in jail if you have a previous revenge porn conviction.

You Could Also Face a Civil Claim Against You

If the alleged victim files a civil claim against you, they are entitled to recover the following damages:

• Compensatory damages if the victim suffered emotional distress, loss of life enjoyment, intimidation, and humiliation
• Attorney fees
• Any lost promotion
• Reinstatement
• Back pay
• Front pay — An employee who will not return to the firm after the incident could be compensated for estimated future earnings
• Punitive damages if your conduct was egregious

How to Fight Sexual Harassment in the Workplace Allegation

If a banker is accused of sexual harassment in California, they should understand that the law presumes them innocent until proven guilty in court and can fight the accusation. Your defense lawyer should work with you to collect case evidence and develop the most effective legal defenses. These defenses can include the following:

It Was a Consensual Sexual Encounter

A consensual encounter means that you and your alleged accuser consciously engaged in the sexual act, and they did not perceive it as unwelcome or inappropriate at the time.

To utilize this defense you must provide proof demonstrating mutual agreement, like communication records. Nevertheless, you must note that the power dynamics could complicate your case. For example, a sexual relationship between a manager and a junior employee could be viewed by the court with suspicion because of assumed undue influence or coercion.

Lack of Knowledge or Intent

To secure a conviction, the prosecution team should prove that you acted with intent to commit the sexual harassment. If your conduct can demonstrate that there was no intent, your attorney can use that as a defense.

Alibi Proof

If your lawyer can present strong alibi evidence showing that you were somewhere else during the alleged sexual harassment incident, it can undermine the prosecution’s team’s legal arguments. Perfect alibi evidence includes witness testimony and digital data, including GPS logs and phone records.

Statute of Limitations (SOLs)

California has specific time restrictions during which the prosecution should file criminal charges for certain sex crimes. SOL seeks to uphold justice by ensuring you, the defendant, are not indefinitely exposed to prosecution and that your conviction is based on uncompromised proof.

If the prosecutor fails to file the charges within the SOL timeframe, the court will bar the prosecution and dismiss the case.

False Allegations

False allegations can sometimes be based on ulterior motives instead of facts. Your lawyer should work to identify inconsistencies in the accuser’s statements or intent to lie and use these in your defense.

Your Behavior Was Not Pervasive or Severe

For conduct to be lawfully classified as sexual harassment, it must satisfy a specific standard of pervasiveness or severity. That means an unwelcomed offhand comment might not meet this legal threshold.

Your attorney can assert that although an act may have occurred, it did not satisfy the threshold of sexual harassment.

Steps to Take if Falsely Accused of Workplace Sexual Harassment

False accusations of harassment can mess up a person’s life and result in criminal and civil proceedings. You can protect yourself as a banker by doing the following:

Remaining Calm

False criminal accusations can be unsettling and could take an emotional and physical toll on you. Once you learn of false allegations against you, attempting to fight back and defend yourself seems sensible. Nevertheless, you should approach the matter cautiously to avoid causing more harm. Remember, you can exonerate your name if you address the false allegations with clarity and legal assistance.

Hire a Lawyer to Assist You Fight the Charges

Another proactive step you must take to safeguard yourself and your banking career is engaging a defense attorney. Enlisting legal counsel with an extensive understanding of California laws allows you to rest assured an experienced person is fighting for you.

Time is of the essence. Ensure you hire the attorney immediately so that they can begin building your formidable defense.

Collect Your Evidence

Once you consult legal counsel, they will assist you in gathering evidence to support your case. Meticulous documentation can demonstrate your innocence by proving that you are innocent of the allegations against you.

Following the false allegations, you should consider journaling. Diligently write down all your interactions with your accuser, including their texts, calls, emails, and what took place in any physical meetings. Factual evidence about your interactions with the accuser could help prove your innocence. Note that you should not agree to meet with your accuser without the presence of a third party.

If your accuser posts about the case on social media, capture the screenshots promptly because the screenshots could support your account of what occurred.

Contest Your Accuser’s Credibility

The lawyer will challenge your accuser’s credibility in court by questioning them under oath. It involves the legal counsel asking your accuser targeted questions that make them appear unreliable to the judge and jury.

The questioning can include the following:

• Do you have a history of lying?
• Do you have ulterior motives for the false allegations?

How a Defense Lawyer Can Safeguard Your Legal Rights

A defense attorney can assist you with the following:

Legal Representation in Court

Representation involves using available evidence, cross-examination, and developing compelling arguments to persuade the judge and jury that you are not guilty of workplace sexual harassment.

Building a Formidable Case Defense Strategy

Since each sexual crime is different, there is no one-size-fits-all solution in sexual harassment cases. The lawyer will assert your innocence while challenging the prosecution team’s arguments by providing an alternative account of the alleged incident. They use their expertise, thorough planning, and advocacy skills to develop a defense strategy that suits your case and increases the odds of a favorable outcome. They will also stand with you throughout the legal process.

Cross-Examining Case Witnesses

During witness cross-examination, your lawyer can expose discrepancies, biases, and witness credibility issues. After identifying weaknesses in the prosecution team’s case, your attorney will present counter-arguments against presented evidence. Your lawyer’s thorough cross-examination of the evidence against you can weaken the prosecution team’s case and increase the chances of the prosecutor reducing or dismissing your charges.

Plea Bargain Negotiations

If you seek to resolve the matter promptly, without going to trial and with lesser penalties, your attorney can initiate plea deal negotiations with the prosecution team. Securing a plea deal can reduce your charges or the severity of potential penalties. Your defense lawyer will use their profound understanding of the California justice system to advocate for a plea deal that suits your interests.

Fighting for Your Future

Since accusations of sexual harassment against you can hurt your banking career, reputation, and family ties, your attorney will aggressively work hard to secure a case outcome that will enable you to resume your normal routine.

Leveraging Legal Experience and Resources

In sexual harassment cases, an attorney must develop a compelling case. Your legal counsel will enlist forensic experts, private investigators, and legal scholars to strengthen your case and defend you effectively.

Find Competent Legal Representation Near Me

Facing workplace sexual harassment accusations as a banker can be devastating and stressful. If charged with a crime, a conviction can attract severe repercussions, including serving time, sex offender registration, paying fines, and damage to your professional reputation and relations. You cannot afford to face the adverse consequences of a workplace sexual harassment case; consult a seasoned lawyer who can fight the allegations and keep your banking career intact. 

Empower Sexual Harassment Attorneys can review your case facts and evidence, including victim testimony and work records, against you to develop viable legal strategies and fight for your rights, finances, and livelihood. We can also offer thorough representation that starts with advice on how to respond in the wake of a sexual harassment allegation and how to avoid conduct that can imperil your defense. Please call our San Diego office at 619-604-3027 to book your initial consultation.