Worksites and offices are supposed to be places for us to focus on our professional careers and earn a living. When the workplace becomes a hostile environment due to instances of sexual harassment, going to work each day can be a traumatic and physically dangerous task.
California provides strong sexual harassment protections for employees. You should not hesitate to take immediate action to put an end to this behavior if you are a victim.
Your employer would be required to end the behavior so that you feel completely secure. You could earn support for your physical, emotional, and financial damages. You would also be protected from retaliation for reporting such a frightening ordeal.
Schedule a Free Consultation with a California Workplace Sexual Harassment Lawyer
Maison Law takes sexual harassment violations in the workplace very seriously. We desire to protect the victims of sexual harassment by putting an end to the problem immediately. We also strive to make sure victims receive full compensation under California Law for what they’ve been forced to endure.
Contact us for a free and completely confidential case review. Tell us what happened to you so we can inform you of every legal option available.
You are under no obligation to work with us. Even if Maison Law doesn’t represent your harassment case, we will be happy to point you in the right direction to find help.
Sexual Harassment in a California Workplace
The U.S. Equal Opportunity Employment Commission (EEOC) defines sexual harassment as harassment based on a person’s sex. It can include unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature.
It’s important to note that harassment doesn’t have to be sexual in nature. It also covers cases involving offensive comments about a particular gender, such as defamatory jokes made about women in the workplace.
In California and elsewhere, sexual harassment generally takes two forms. “Quid Pro Quo” and what’s known as a “hostile work environment.”
Quid Pro Quo Workplace Sexual Harassment
Quid Pro Quo is Latin for “in exchange for.” Quid Pro Quo sexual harassment involves a manager or someone in a position of authority asking for sexual favors from an employee in exchange for a job opportunity. The job benefit can be offered outright or hinted at.
The reward for submitting to sexual advances may include a promotion or some other job perk. The sexual favor could allow the employee to avoid certain punishments, like a poor performance review.
In California, a sexual harassment Quid Pro Quo claim must involve unwanted sexual harassment. Job benefits must be linked to a harasser’s request for sexual favors. The harasser must be someone in a position of authority able to grant these benefits. The victim must have suffered harm.
Sexual harassment victims are left feeling vulnerable and they are often afraid to speak up about what’s happened to them. They may also be very confused about if they have a case or not. It’s important that all victims talk with a California sexual harassment lawyer to discover the benefits and protections they have available.
Hostile Work Environment Sexual Harassment
In instances of a hostile work environment, employees experience unwelcome sexual advances, derogatory comments, or lewd conduct based on the victim’s sex. The violation is determined by what a reasonable person would consider intimidating or offensive.
A hostile work environment violation can be committed by a supervisor or anyone else the victim works with, even an independent contractor. The offense can target the victim, or it might affect an entire office, such as when an offensive picture is sent out by work email.
In instances of sexual harassment, California laws focus on the severity of the potential violation and how frequent and widespread the harmful conduct is in a particular workplace.
California Employer’s Responsibility for Sexual Harassment Prevention
California employers are required to abstain from harassing behavior, but they may also be liable if they don’t provide legally-required sexual harassment prevention training. California employers having five or more employees must provide at least two hours of classroom or other effective interactive training and education regarding sexual harassment to all supervisory employees.
Nonsupervisory employees are required to have at least one hour of classroom or other effective interactive training and education regarding sexual harassment to all nonsupervisory employees in California within six months of their assumption of a position. These training requirements must occur once every two years.
California’s Civil Rights Department lists more examples of actions considered workplace sexual harassment. You’ll also find more about an employer’s responsibility to prevent sexual harassment.
What Can I Earn Compensation for in a California Workplace Sexual Harassment Lawsuit?
Victims could receive compensation for their time and benefits lost while having to miss work to avoid a hostile work environment or a particular supervisor. They could also be awarded support for emotional trauma and the damage to their reputations the case may have caused.
Employers found guilty of workplace sexual harassment may also be forced to pay for the victim’s legal costs.
How Long Can I Take to Decide on Filing a California Workplace Sexual Harassment Lawsuit?
In California, workplace sexual harassment victims face a statute of limitations of three years to file a claim with California’s Department of Fair Employment and Housing (DFEH). The countdown begins on the date of the last instance of sexual harassment.
After filing a complaint with the DFEH, victims may be granted a “right to sue” notice. Claimants then have one year from that date to file a lawsuit.
It’s critical that victims discuss their cases with a California sexual harassment lawyer as soon as possible. You’ll want to give your attorney as much time as possible to investigate your case and your employer. Your attorney will also need time to secure important documents from your employer. This allows your lawyer to present a strong case to the DFEH and to a judge after you’ve filed a lawsuit.
Can I Be Terminated for Reporting Workplace Sexual Harassment in California?
California protects employees with strong anti-retaliation laws. Employers who report misconduct in the workplace may not be fired for speaking out. They also shouldn’t be demoted or receive further harassment.
Employers may still decide to take retaliatory actions, but they face stiff penalties if they do. A California Workplace Sexual Harassment Lawyer would immediately file a lawsuit. Victims could be restored to their former positions, receive backpay, and be awarded the financial penalties companies would be forced to pay.
Contact a California Workplace Sexual Harassment Lawyer
Maison Law of California offers a free consultation to any workers who feel they have been the victims of workplace sexual harassment committed by a supervisor or a coworker. This consultation is completely confidential, and your employer would not know about it.
It’s a no-risk way to determine your best course of action. It’s also a good chance to learn what you should demand from an employer in compensation for what they’ve put you through.
Our California workplace sexual harassment attorneys have extensive knowledge of state and federal employment laws and we use that knowledge to the benefit of our clients. Don’t endure a threatening and unprofessional work environment for another minute.
