California Sexual Harassment Attorney
What California Sexual Harassment Law Covers
Sexual harassment is unwanted sexual behavior in the workplace that interferes with an employee’s job performance or creates a hostile environment, and it is illegal under state and federal law. In California, it usually falls into two categories: quid pro quo and hostile work environment. These claims are based on laws prohibiting discrimination against protected classes, including conduct related to sex and sexual orientation. Most California attorneys handle sexual harassment cases on a contingency fee basis, meaning they are paid a percentage of any settlement or award.
Courts typically look to whether the worker was subjected to unwelcome conduct that was based on sex and was sufficiently severe or pervasive to unreasonably interfere with the work environment and the behavior creates an offensive, hostile, or intimidating work environment. Unwelcome conduct in the sexual harassment context looks to whether the conduct was unwelcome to both the actual individual who experienced it and also if a reasonable person of the same sex would find the behavior unwelcome.
Sexual harassment can take many forms. Unwanted sexual advances such as repeatedly asking for dates or asking for sexual favors can be sexual harassment. But other comments outside of unwelcome sexual advances can also be verbal harassment based on sex such as a co-worker making lewd or inappropriate comments, sexual innuendos or jokes, sexual comments, offensive or derogatory comments, suggestive comments, and more. Sexual harassment can be established solely through digital platforms such as inappropriate text messages, unsolicited pictures, or posts on social media. Harassment can also occur through visual conduct such as sexually offensive or lewd gestures, facial expressions, or exposure of body parts. Some of the most severe harassment takes the form of unwanted physical conduct such as inappropriate touching, suggestive touching, kissing, rubbing or caressing of a person’s body and/or clothing. This behavior can become so severe as to include sexual assault and sexual abuse.
California has broad, expansive anti-sexual harassment laws. Employees are not the only workers protected from sexual harassment. Job applicants and contractors may also be protected from sexually harassing behavior under California law. If you worked for a temporary agency or you were a gig worker using an app for work, you may still be able to hold your employer liable for offensive conduct you were subjected to.
If you experience behavior that you believe may constitute sexual harassment or unlawful conduct, please contact our firm as our attorneys have experience with California workplace harassment matters. No matter which law firm you decide to contact, be sure to look into their peer-reviewed ratings and memberships in legal organizations to help evaluate the firm’s reputation. We recommend that you contact several firms to find a firm that would work best with you.
“Quid Pro Quo” Versus “Hostile Work Environment” Harassment
California courts generally classify sexual harassment claims under two categories: Quid Pro Quo harassment and Hostile Work Environment harassment.
Quid pro quo harassment is when an employee is expected to engage in sexual conduct in order to receive some kind of job benefit. This benefit can be many things such as a promotion, a favorable performance review, or a raise.
A hostile work environment is when unwelcome sexual conduct has such an impact on a worker that it alters the terms and conditions of their employment. This behavior would create a work environment so severe and/or pervasive that a reasonable person would call it hostile. This is a very fact dependent cause of action that an experienced California sexual harassment attorney would be able to assist with. One severe act can be enough to constitute a hostile work environment; this is seen in situations where sexual assault happens in the workplace. However, several less severe acts over a prolonged period of time such as a supervisor making escalating sexual comments of an employee’s appearance over the course of a year can be enough.
Common Sexual Harassment Cases We Handle
Harassment coming from a supervisor, a co-worker, or a third party are all scenarios that can make an employer liable for sexual harassment. If you report harassment and face an adverse change in your employment, that may be prohibited retaliation and open your employer up to liability.
An employer can be held liable for harassing conduct when the harasser is in a supervisory position. A “supervisor” is an individual who has the authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward or discipline other employees, or the responsibility to direct them, or to adjust their grievances, or effectively to recommend that action, if, in connection with the foregoing, the exercise of that authority is not of a merely routine or clerical nature, but requires the use of independent judgment. The law protects the victims in such situations by binding the company based on its supervisors’ conduct.
An employer may be liable for sexual harassment by a co-worker if it failed to take all reasonable steps to prevent harassment from occurring. For example, if your employer was alerted by a victim of sexual harassment about a hostile work environment, then the company has an immediate duty to respond promptly and properly to allegations of said harassment or sex discrimination that are known to it. The measures need to include immediate corrective action that is reasonably calculated to end the sexual harassment and to deter future harassment. The analysis regarding whether “reasonable” steps were followed can become very fact dependent and intertwined with various legal standards. Workplace sexual harassment law firms in California are best equipped to identify when an employer failed to act reasonably.
An employer may also be liable for sexual harassment by a third party in the workplace. A third party is someone who’s not employed by the employer such as a customer, a vendor, or a client. This follows the same standard as coworker harassment where if an employer fails to take reasonable steps to prevent harassment from occurring, they may be liable. Much like coworker harassment, determining whether an employer is liable can be very fact dependent and our firm’s attorneys who have experience with sexual harassment matters in the workplace can advise.
It is against state and federal law for an employer to retaliate against individuals who reject or report sexual harassment, who have filed a complaint, testified, or assisted in any proceeding regarding discrimination or harassment based on sex. This is done so employees can report sexual harassment or sexual assault without fear of negative consequences such as demotion or termination. To establish retaliation, an employee must show that he or she engaged in a protected activity; the employer subjected the employee to an adverse employment action; and the protected activity and the employer’s action were causally connected. An employee’s formal or informal complaints to a supervisor regarding unlawful harassment or workplace discrimination are ‘protected activity’ and actions taken against the employee after such complaints may constitute retaliation. Other protected activities include potential witnesses who should be safeguarded from adverse employment actions. Close proximity in time between complaints of harassment and employment discrimination and the adverse employment action creates a legal inference of unlawful retaliation.
If You Were Sexually Harassed: Immediate Steps
If you were sexually harassed at work, it’s vital that you immediately begin documenting when it occurs. Include as much information as possible, such as the date and time of each incident. Any and all communications or documents about what happened should be preserved. This includes emails, text messages, voicemails, and internal reports. Save these to a personal device so you cannot lose access to them even if you no longer have access to your work email or devices.
If you feel comfortable, contact your employer’s human resources department and/or a supervisor and include detailed information about the behavior you were subjected to. This creates a paper trail that you can rely on in the future and may encourage your employer to correct the problem without the stress and time required for litigation. This also strengthens possible sexual harassment claims as it effectively puts the employer on notice and weakens potential defenses they can rely on. Before you submit a complaint to your employer, you may want to contact an attorney for guidance on what would be essential to include in your complaint to best position yourself.
It is important that you retain all documents related to the harassment even if some of the documents are embarrassing or reflect unfavorably on you. Under California law, if you have reason to believe that you will pursue a lawsuit about the harassment you experienced, you have a legal obligation to retain any documents related to it. Furthermore, any information related to the harassment can become relevant. If the issue proceeds to court, there is a chance that a missing document may become critical.
If you reported sexual harassment to your employer, either through their human resources department or a supervisor, and the problem has not been fixed or you are now experiencing retaliation related to your complaint, it would be beneficial to consult a California attorney who has experience with workplace sexual harassment.
Sexual harassment in California, like many laws, has a statute of limitations where once a certain amount of time passes, a victim is no longer able to pursue their claim. Under federal law, Title VII sexual harassment claims can have a statute of limitations as short as 180 days. In some cases the EEOC filing statute of limitations is extended to 300 days. The California Fair Employment and Housing Act (FEHA) provides its own basis for sexual harassment lawsuits and requires a claim to be filed within three years with the CRD. FEHA provides broader protections against sexual harassment in California than federal law as it applies to employers with as few as one worker. However, there is also an administrative exhaustion requirement meaning that a complaint must be filed with the California Civil Rights Department, a California administrative agency, before filing a lawsuit. This filing may have an impact on the statute of limitations for a claim. It is important to act early and contact one of our California sexual harassment lawyers who have experience with sexual harassment matters to ensure you file your lawsuit on time.
How To Report Harassment Internally And Externally
Most employers in California have an obligation to provide sexual harassment training to all supervisory employees. Many supervisors in California should have both the training to recognize sexual harassment and know how to address it in the workplace. There should be a way to report sexual harassment. This information may be included in an employee handbook or posted in the workplace. If you’re unable to find any of this information, a supervisor or your workplace’s human resources department should be able to inform you how to report a complaint.
If the issue persists after reporting to HR, you may want to consult an attorney and look to filing a sexual harassment complaint with the formerly named Department of Fair Employment and Housing (DFEH), now known as the California Civil Rights Department (CRD), or the Equal Employment Opportunity Commission (EEOC). Both the California CRD and the EEOC handle sexual harassment complaints. However, it is best to consult with an attorney to determine what is the best course of action for your case.
The California CRD is a state administrative agency that enforces California’s laws relating to civil rights. Sexual harassment in the workplace is one of the areas in which the department investigates and adjudicates claims in administrative hearings. While you can file a complaint with the CRD without the assistance of an attorney, it is strongly recommended that you consult with an attorney prior to filing a complaint.
The EEOC is similar to California’s CRD. It enforces federal law and investigates claims. Sexual harassment is covered in federal law under Title VII of the Civil Rights Act. The statute of limitations is different under federal law compared to California law. The nuances of which law to to proceed under are different in every case. To get the best idea of how to proceed, it is strongly recommended you consult with a California attorney experienced with workplace sexual harassment matters.
A plaintiff is required to get a right-to-sue notice from the California CRD before they can file in court. To obtain a right-to-sue notice you would need to submit a complaint to the CRD and you have the option to instantly receive the right-to-sue notice. An attorney can assist with navigating the CRD and evaluating what the most relevant facts to include in the complaint prior to receiving the right-to-sue notice. Our firm’s attorneys have experience with obtaining right-to-sue notices from the CRD and evaluating what would be helpful to include in a sexual harassment complaint.
Filing with the EEOC and the CRD has tangible impacts on how fast you or an attorney can file a lawsuit in court. Failure to file a claim with the EEOC or CRD in a timely manner may make a claim impossible to pursue. That is why it is important to consult with a California sexual harassment lawyer when dealing with sexual harassment in the workplace as they can advise you and act in a timely manner to ensure your claims are properly heard.
An Employer May Be Liable If It Is on Notice and Does Not Stop the Sexual Harassment
It is an unlawful employment practice for an employer to fail to take all reasonable steps necessary to prevent harassment and workplace discrimination. For example, if human resources was alerted by a victim of sexual harassment about a hostile work environment, then the company has an immediate duty to respond promptly and properly to allegations of said sex harassment or discrimination that are known to it. Once an employer is informed of workplace harassment, the employer is on notice and must take adequate steps to stop it. The measures need to include immediate corrective action that is reasonably calculated to end the sexual harassment and to deter future harassment. If an employer fails to act, they may be liable for failing to act. This is especially relevant if the employer had reason to know about the sexual harassment and failed to stop it when doing so would present little burden.
An Employer May Be Liable If a Supervisor Engages in Sexually Harassing Conduct
Under California law, if a supervisor of an employer engages in sexual harassment, then the employer is strictly liable. Strict liability means that the employer is liable without further analysis of whether the employer knew or could take reasonable steps to prevent the harassment. This means that employers are automatically liable for sexual harassment committed by a supervisor.
A “supervisor” is an individual having the authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward or discipline other employees, or the responsibility to direct them, or to adjust their grievances, or effectively to recommend that action, if, in connection with the foregoing, the exercise of that authority is not of a merely routine or clerical nature, but requires the use of independent judgment.
Employers can try to establish several defenses that would complicate matters involving strict liability. If the supervisor engages in harassment outside of the workplace and it is not connected to the employment relationship, this may affect liability. Damages can also be limited if the plaintiff could have avoided some of the harm through reasonable effort or expense.
Coworker liability is treated differently as the employer is not strictly liable for the actions of non-supervisory employees. An employer may be liable for sexual harassment by a coworker if it failed to take all reasonable steps to prevent harassment from occurring when on notice. For example, if human resources was alerted by a victim of sexual harassment about a hostile work environment, then the company has an immediate duty to respond promptly and properly to allegations of said harassment or sex discrimination. The measures need to include immediate corrective action that is reasonably calculated to end the sexual harassment and to deter future harassment.
Developing Evidence in a Sexual Harassment Case
It is important to gather as much information as possible to support your claim as soon as you can. Valuable documents to gather are emails, texts, and HR complaints that document or display harassing behavior. Anyone who possibly witnessed the sexual harassment should also be contacted and encouraged to write a witness statement. Create a detailed timeline that documents what you experienced and when it happened. This timeline greatly assists any workplace sexual harassment lawyers who evaluate your claim.
If you experience adverse changes in the workplace after reporting sexual harassment such as being given fewer hours, placement on a performance improvement plan, or termination; it is important that you document this immediately as it can expose the employer to additional liability. If an employer fails to act after a report of sexual harassment, document it. This can be done via emails sent to a supervisor or HR summarizing what has happened and retaining copies for yourself.
This documentation becomes essential for discussions involving settlement or eventually trial with your employer. The more evidence you collect when the harassment first starts, the better your attorney can represent you and get you the justice you deserve.
Remedies, Damages, And Employer Liability
Under the California Fair Employment and Housing Act, there are several remedies available for employees who experience sexual harassment in the workplace and their employer is found liable. Victims of sexual harassment in California may recover damages including lost wages, emotional distress, punitive damages, and attorney fees under state law.
You may be entitled to compensatory damages which seek to make you whole from the behavior you experienced. This can include lost wages and other benefits, medical care fees, emotional damages, and more depending on the facts of the case. Emotional distress is often a significant component of damages in sexual harassment claims as harassment often has a strong psychological impact on those who are targeted because of their identity. If you are constructively terminated due to the harassment, the damages you are owed may include the difference in wages between your previous and new employment as well as the monetary value of the lost benefits.
Punitive damages may be awarded against an employer who behaves in a particularly egregious manner. These damages serve as a punishment on employers. Unlike federal law, California does not place a cap on compensatory or punitive damages in sexual harassment matters. Plaintiffs can also request injunctive relief which is when a court tells an employer to change their behavior. This could force an employer to change their sexual harassment policy, or it can lead to the Plaintiff being reinstated to their former position.
California also allows successful plaintiffs to recover attorneys’ fees and costs.
Damages can be difficult to calculate. It’s important to work with an attorney that has experience in employment law as they have experience calculating damages owed to employees in a variety of matters including sexual harassment in the workplace. Overlooking or misunderstanding a variety of damages may impact the remedy you receive if you prevail. It is important to work with a firm that specializes in workplace sexual harassment to ensure you are fully compensated for what you experienced.
How Sexual Harassment Attorneys at Avloni Law Work Your Case
At Avloni Law, we prioritize fast, empathetic conversations with potential clients. Once you call our office or submit an inquiry through this website, you should hear back from someone within a day or two. If the firm determines it may be able to assist, the initial communication will consist of information gathering which will be relayed to our attorneys experienced in California employment law and workplace sexual harassment claims.
If the firm has the capacity to take your case, you will be connected to our attorneys who will explain the options available and answer any questions you may have. We will ask for documents, a timeline, and any other information that our attorneys have assessed would be helpful to pursue your sexual harassment claims. There are several possible ways to pay for the legal services you receive. Most clients opt for a contingency fee where the attorneys are only paid after a resolution is reached, whether through trial or settlement. In California, if a plaintiff prevails at trial, an employer may be required to pay the plaintiff’s legal fees.
Avloni Law specializes in litigation. For every case we take on, we carefully evaluate its merits and proceed with confidence, fully prepared to go to court when necessary. While our firm prioritizes litigation, we help clients make decisions that are the best fit for their situation and advise accordingly. All communications with our attorneys are confidential and will be handled with the utmost respect and privacy.
The attorneys at Avloni Law are fiercely passionate about righting the wrong of sexual harassment in the workplace. We fight to ensure those who have experienced sexual harassment are made whole and we work to prevent employers from allowing such behavior to go unpunished.
You deserve a workplace free from harassment. If you believe you have been sexual harassment in the workplace, do not hesitate to reach out to Avloni Law. Our firm will act quickly to get back to you and see what we can do to help hold your employer accountable.
Contact us today for a case evaluation.
If you have been wronged by your employer, you may be scared and unsure of your rights. If you are interested in learning more about your rights, discussing your potential discrimination claims and obtaining legal advice from a workplace sexual harassment attorney, please contact the Avloni Law Firm today for an initial consultation.
