Workplace Harassment

Why should you hire an employee harassment attorney?

Any form of unwelcome sexual advances (sexual harassment) is illegal in California, and the state has instituted some of the country's strictest protections for sexually harassed employees. Sexual harassment, however, is still a persistent issue, and many employees are still subjected to this vice at the hands of their bosses, coworkers, or clients.


Nearly two out of every ten complaints filed with the Equal Employment Opportunity Commission (EEOC) involve sexual harassment. While the number of reported cases of harassment is unquestionably higher, women are disproportionately affected. Stop Street Harassment conducted a study in 2018 and found that 43percent of men and 81percent of women have been sexually harassed at least once in their lives.


If you've been sexually harassed, you're not alone. Bringing sexual harassment claims to court is one of our firm's specialties. Please get in touch with us as soon as possible to set up a confidential consultation with a top-rated sexual harassment law firm in California.

What Is Sexual Harassment?

Determining whether or not someone has sexually harassed you may be difficult in some circumstances. Sexual harassment does not have to be aggressive or overt.  Such harassment is often intimidating, isolated, or persistent enough to create a hostile or stressful work environment. Sexual harassment, discrimination, or assault may give you the legal right to sue the offender, third parties, (including your employer), or both. Sexual harassment can include:

  • Unwelcome physical touch
  • The intrusion of personal space on purpose
  • Offers or solicitations for sexual relations
  • Using sexual favors as a bargaining chip
  • Unwelcome sexual innuendos, jokes, or remarks.
  • Sex acts that may be shown in images or films.
  • Messages or pictures of a sexual nature sent to you without your permission.
  • Discrimination in the workplace based on gender or sex

Types of sexual harassment in California

Workplace sexual harassment is classified into two broad categories:

 

Quid pro quo sexual harassment

This happens when someone, most often a boss, demands sexual favors in return for employment or promotion. Thus, sexual favors are asked for in exchange for employment or promotion inside the organization. These sexual favors may be demanded explicitly or implicitly.


Hostile work environment 

This kind of harassment happens when you are exposed to unwanted sexual remarks or behavior that is so inappropriate that it creates an uncomfortable, stressful, or unpleasant work environment. Workplace hostile atmosphere may reach that worrying level if it is persistent and extreme.

 

According to California law, sexual harassment can become an issue of concern if it so severe or extensive that it adversely affects your work circumstances. However, just a single act may be enough to establish a hostile work environment in certain instances.

 

Proving any of these types of harassment may be challenging, which is why you should consult with a skilled sexual harassment lawyer in California. We are seasoned employment attorneys with a focus on sexual harassment claims.

An employer has a responsibility to prevent sexual harassment in the workplace.

 In California, a company must react adequately to allegations of sexual harassment, and they are also responsible for taking steps to avoid it.

 

Businesses must avoid workplace sexual harassment, protect workers who report it, and guarantee that victims and those who file complaints are not subjected to severe employment repercussions such as demotion, verbal abuse, suspension, or even termination of their employment contracts.

 

Numerous measures can be put in place to ensure that sexual harassment does not occur in the workplace, including:

  • Compulsory sexual harassment training
  • Conducting prompt and comprehensive investigations into allegations of sexual harassment
  • Reassigning or sanctioning harassers, including termination
  • Maintaining an atmosphere free of retaliation against victims, their friends, and any reporters

What damages are available to sexual harassment victims in California?

If your sexual harassment claim is successful, you may be entitled to collect the following damages, based on the circumstances of your case:

  • Psychological harm, for conditions such as depression
  • medical expenses
  • Punitive (exemplary) damages: if the behavior of the harasser was very startling and extreme
  • Hiring
  • A promotion or back pay 
  • Fees for attorneys, court costs, and other litigation expenditures
  • Injunctive relief: a court order requiring an employer to cease some activities or begin others. This may involve the reinstatement of your employment if you were terminated. It can also lead to other suggested improvements to the work environment.

Hire a lawyer for your sexual harassment complaint.

When your employment rights have been violated, you may have difficulty getting the care and compensation you deserve. In addition, it's almost impossible for a victim to judge the strength of their case on their own.


Your rights are better protected when you have an experienced employment law attorney on your side fighting for you. If you think you've been the victim of sexual harassment, contact us for legal assistance. We will listen to your story and inform you whether we believe you have a legitimate civil claim. We can help you with building your case and filing your claim.

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How long do I have to file a harassment claim?


Suits or personal injury claims for sexual harassment must be brought withing a set timeframe. Since many of these allegations concern workplace conduct, an administrative filing must be done first.  This administrative file must be addressed to any or both of the following bodies:

  • The federal government's EEOC (Equal Employment Opportunity Commission) 
  • California state's DFEH (Department of Fair Employment and Housing).


Generally, DFEH complaints must be filed within three years after the most recent incident of sexual harassment. If the victim becomes aware of the conduct after the three years have passed, they may apply for a three-month extension.


Under federal law, EEOC complaints must be filed within six months of the most recent incidence of sexual harassment. If a claim is also made with the DFEH, this timeframe is stretched to 300 days. The DFEH or EEOC will reach at least one of the following conclusions:

  • Conducting an inquiry into the event on its own
  • Issuing a letter of right to sue to allow the victim to pursue their own case


Once a victim receives a letter granting them the right to sue, they have one year to bring their case.


FEHA requires an employer with five or more workers to offer sexual harassment awareness and training. Employers that fail to provide such training courses and comply with training standards may find themselves in a weaker position if a worker subsequently sues. This is because it indicates the employer took no reasonable efforts to avoid the inappropriate behavior.

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