San Diego Sexual Harassment Attorney
A recent Equal Employment Opportunity Commission (EEOC) study revealed that one out of four women and one out of five men have experienced sexual harassment in the workplace. Such harassment can make it difficult to complete the job responsibilities you were hired to do and can negatively impact many aspects of your life. If you are currently experiencing sexual harassment in the workplace, reach out to the San Diego sexual harassment attorneys at Jimenez Loayza, APC. We want to help and can discuss the situation during a confidential consultation.
When you choose our team to represent you in a sexual harassment case, you can expect diligent attention to detail and compassionate legal counsel through all stages of your proceedings. We know how to interact with state and federal agencies on behalf of our client, how to identify a client’s claimable damages, and how to determine the optimal path through a difficult employment case.
Understanding Sexual Harassment Under FEHA
California Fair Employment & Housing Act (“FEHA”) prohibits sexual harassment in the workplace. Sexual harassment consists of any unwelcome sexual advances, requests for sexual favors, or other verbal and/or physical conduct of a sexual nature. California law also imposes an obligation on the employer to take all reasonable steps to prevent sexual harassment from occurring in the workplace.
Usually, sexual harassment claims arise in two forms: (1) “quid pro quo” harassment; and (2) “hostile work environment” harassment.
What is quid pro quo harassment?
“Quid pro quo” harassment conditions an employee’s continued enjoyment or job benefits on submission to some form of harassment. Examples for quid pro quo sexual harassment include:
A supervisor expressly or implicitly requesting sexual favors from a subordinate in exchange for a promotion.
A manager terminating an employee after she or he refused to go on dates with the manager.
What is hostile work environment harassment?
“Hostile work environment” harassment has the purpose or effect of either interfering with the work performance of an employee or creating an intimidating workplace. Examples of hostile work environment harassment include:
- An employer repeatedly permitting employees and/or supervisors to engage in lewd conversation or comments.
Employees and/or managers repeatedly making sexual comments about other employees or the physical appearance of customers. - My boss constantly makes sexual jokes and lewd comments, but he or she has never asked me out, do I still have sexual harassment claim?
Yes. You will have a claim under hostile work environment harassment. To prove a claim of hostile work environment harassment an employee must show that a reasonable person in the employee’s circumstances would have considered the work environment to be hostile, intimidating, offensive, oppressive, or abusive. For instance, if a supervisor, on a daily or weekly basis, makes sexual comments or jokes (even if not directed toward the employee), a reasonable employee would find this situation offensive.
Sexual Harassment in the Workplace Defined
Sexual harassment in the workplace involves treating someone differently because of their sex, sexual orientation, or gender identity. There are two general types of sexual harassment: quid pro quo harassment and hostile work environment harassment. Either form is unacceptable under state and federal law. If you are unsure whether a recent experience at work constitutes sexual harassment, you need to consult an attorney right away.
Quid pro quo harassment occurs when someone, usually a person in a position of power, promises favorable employment treatment in exchange for sexual favors or threatens adverse employment action for refusing sexual favors.
Hostile work environment sexual harassment arises when the nature of the offending actions is so pervasive or severe that it changes the nature and conditions of employment, unreasonably interferes with their work, or creates a hostile work environment.
Examples of sexual harassment include:
- Slurs about your sex, sexual orientation, or gender identity
- Unwanted touching or sexual advances
- Comments about sexual acts
- Promises of promotion in exchange for sexual favors
- Sexually suggestive messages
- Threats to fire or demote someone if they do not comply with sexual requests
Unfortunately, many people experience sexual harassment in various ways over long periods of time, sometimes because they are unaware of their rights or, in other cases, because they are worried about losing their jobs if they speak out about this mistreatment. It’s vital to understand your rights as an employee, your employer’s legal obligations pertaining to sexual harassment, and the legal options available to you if you have been mistreated this way at work.
Addressing Sexual Harassment in the Workplace
Every employer in the state is required to have an anti-harassment policy in place as well as an internal conflict resolution system aimed at nullifying any such incidents as soon as they arise. If you believe you have been sexually harassed at work, it is important to report the issue to your supervisor immediately. If your supervisor is the party harassing you, you should take your report to their superior.
Once an employer becomes aware of sexual harassment in the workplace, they are legally required to address it immediately. This may involve some type of disciplinary action against the party responsible for the harassment, but unfortunately, internal conflict resolution channels sometimes do not produce acceptable results for the victim. In this situation, the victim will need to prepare an EEOC complaint.
In many cases, sexual harassment in the workplace eventually leads to other problems. For example, if a supervisor attempts quid pro quo sexual harassment and the employee refuses, they may begin creating a hostile work environment or even fire the employee. It is also possible for an employer to retaliate against an employee for filing a sexual harassment complaint in good faith. Retaliation may also include demotion or docking the employee’s hours.
If you believe you have been wrongfully terminated or your employer has retaliated against you for filing a sexual harassment complaint, it is crucial to speak with a San Diego sexual harassment lawyer as quickly as possible. These situations can very quickly evolve into very complex legal issues for all parties involved, and securing legal counsel will be invaluable to the legal efforts you make to resolve the situation.
Can my employer retaliate against me for reporting sexual harassment?
No. California law prohibits retaliation for reporting sexual harassment. This protection applies even if the employee reporting the sexual harassment was not subjected to sexual harassment.
When are employers required to provide sexual harassment training?
California law requires all employers of 5 or more employees to provide 1 hour of sexual harassment and abusive conduct prevention training to nonsupervisory employees and 2 hours of sexual harassment and abusive conduct prevention training to managers once every two years.
Laws Prohibiting Sexual Harassment in the Workplace
Title VII of the Civil Rights Act of 1964 is the main federal law that addresses sexual harassment in the workplace. The California Fair Employment and Housing Act also makes it illegal in the state to sexually discriminate or harass someone in the workplace. California’s law generally provides greater protections and interpretations for workers and is usually the law that these types of claims are based on.
Your employer must comply with both state and federal law when it comes to preventing sexual harassment in the workplace and enforcing a solid policy for both preventing and addressing this behavior. Failure to meet these requirements can lead to severe repercussions, both in the form of penalties from oversight agencies and in liability for any resulting damages an employee suffers.
If you have reported sexual harassment to your employer but they have failed to deliver any meaningful resolutions, you can file a state-level sexual harassment complaint, or you can prepare a claim to the EEOC. Your San Diego sexual harassment lawyer can provide valuable guidance in this situation and help you determine the optimal path to addressing the mistreatment you have experienced at work.
What to Do If You Are Experiencing Sexual Harassment in the Workplace
If you are currently being subjected to sexual harassment in the workplace, there are some steps you can take, including:
- Know your rights – You might think that your employer doesn’t have anything to do with the situation, but they do. California employers have an affirmative duty to provide a harassment-free workplace and to promptly respond to reports of sexual harassment.
- Review your employer’s sexual harassment policy – California law requires employers to have a written sexual harassment policy and to notify employees of it. Read about the policies to report harassment.
- Report the harassment – Follow the procedures outlined in your employer’s sexual harassment policy to report the harassment. Make sure you have proof your employer received the report.
- File a complaint – If the report to your employer did not resolve the issue, you can file a complaint with the DFEH or the EEOC.
- Seek legal advice – An experienced California employment law attorney can review the circumstances of your case, explain your legal rights and options, and help you navigate the legal process.
If you must file a formal sexual harassment complaint, the agency that accepts your complaint will launch an investigation. It is important to provide them with as much evidence as possible, which could include written communication between you and the party responsible for the harassment, along with testimony from any witnesses willing to speak on your behalf.
When you file a complaint to the EEOC, the agency will acknowledge receipt of your complaint and then begin an investigation. They are likely to contact both you and your employer for more information. If your employer fails or refuses to comply with an EEOC investigation, they can face severe penalties. If the EEOC determines your claim is valid, they will issue a Notice of Right to Sue that will enable you to proceed with your civil lawsuit.
One of the most challenging aspects of building a sexual harassment case is gathering this evidence. Parties that knowingly engage in sexual harassment typically take steps to conceal their actions and minimize any tangible evidence that could be tied to their behavior. However, an experienced San Diego sexual harassment lawyer can help you determine what evidence can help your case and how you can obtain it.
Remedies for Sexual Harassment in the Workplace
Your employer may be liable for the actions of the harasser if the harasser was your supervisor or if they knew about or should have known about the harassment and failed to take appropriate, immediate corrective action. Through a legal claim, you may be able to avail yourself of the following remedies:
- Hiring or reinstatement.
- Back pay. If you lost your job or were forced to quit due to sexual harassment, your attorney can help you calculate how much pay you should have received and add this to your claim as economic damages.
- Changes in employment policies. Success with your claim may not only yield compensation and hold your employer accountable but may also prevent others from facing similar experiences in the future if your employer is forced to create and enforce more robust anti-harassment policies.
- Damages for emotional distress. Experiencing sexual harassment of any kind can be psychologically damaging, and you have the right to seek compensation for this. Your attorney can help you determine an appropriate amount that reflects the severity of your experience.
- Payment for reasonable attorney’s fees and costs. Some claimants will have grounds to seek compensation for their legal expenses, court fees, and any other out-of-pocket expenses related to their case.
- Punitive damages (in appropriate cases). As the name suggests, these damages are meant to punish the defendant for their behavior. The court will determine an appropriate amount based on the severity of their actions. If an employer is forced to pay punitive damages, the amount they must pay generally hinges on the total number of employees.
Your legal team will not only assist you in gathering the evidence needed to build a strong case against your harasser but also help you determine the full extent of the damages you could be eligible to recover from your claim. When you have suffered tangible economic losses such as loss of your job, loss of benefits, or loss of promotion opportunities, your attorney can help you determine the full value of these damages.
Non-economic damages, such as compensation for your emotional distress, are more subjective and difficult to define. A San Diego sexual harassment lawyer can help you determine a fair and reasonable amount based on the severity of your experience.
Punitive damages are likely to come into play if the harassment reaches the level of physical contact, in which case the defendant is likely to face criminal charges alongside their civil liability for the damages they inflicted. When the court awards punitive damages, they typically do so based on the severity of the defendant’s actions and their net worth.
Building a Comprehensive Sexual Harassment Suit in San Diego
If you believe you have grounds to pursue a sexual harassment claim in San Diego, the first challenge you face is gathering the evidence needed to prove the truth of your experience. An experienced attorney can guide you through this process, and they will know what types of evidence will be most effective in your case.
When you intend to claim damages with your sexual harassment suit, you must not only prove the full extent of your damages but also that they are the direct result of the defendant’s harassment. For example, if you lost your job, you may have grounds to claim compensation for back pay, lost benefits, and any out-of-pocket expenses you incurred. In some cases, plaintiffs will have grounds to claim repayment of their attorneys’ fees.
It is important to note that if the harassment you experienced escalated to the level of physical contact, it can open the door to a sexual assault case against the party who harassed you. This will be filed by the state and will be separate from the civil claim you file against your harasser. If the defendant is found guilty, they face a wide range of penalties, including fines, jail time, and mandatory sex offender registration.
Why You Need a San Diego Sexual Harassment Lawyer
It is vital that you do not underestimate the importance of having legal counsel on your side if you intend to pursue a sexual harassment claim in San Diego. The right attorney can provide invaluable assistance through every stage of your case, from gathering the evidence needed to prove the truth of your experience to guiding you through the formal claim filing process and the difficult proceedings ahead of you.
Jimenez Loayza, APC, has years of professional experience handling many types of employment-related legal cases for clients in San Diego and surrounding communities. We know how challenging it can be to confront your employer about sexual harassment in the workplace and how daunting it can feel to interact with government oversight agencies. Trust our firm to provide ongoing support through each stage of your case.
Our goal for every client is maximum compensation in the most efficient manner. We know how to gather the evidence you will need to prove liability for the damages you suffered and how to streamline your case, reducing the time you will need to wait to ensure accountability and compensation for the losses you suffered.
Contact an Experienced San Diego Sexual Harassment Lawyer
Time is a crucial factor in every sexual harassment case. You may need various forms of evidence to support your claim that you may not know how to obtain on your own, or they may not be available for very long. You also have a time limit for reporting sexual harassment to the appropriate state or federal agency, so it is vital that you start building your case right away after experiencing any type of harassment that was not addressed internally at your work.
If you are experiencing sexual harassment in the workplace, do not hesitate to reach out to the compassionate San Diego employment attorneys at Jimenez Loayza, APC. We want to help resolve the situation and protect your rights. Call us today at (619) 320-5901 or contact us online to schedule a free confidential consultation.
DISCLAIMER: This page is available for educational purposes only. The information provided in this page is to give you a general understanding of the law and not to provide specific legal advice. By using this page you understand there is no attorney-client relationship between you and Jimenez Loayza, APC. You should not substitute this blog for competent legal advice from a licensed San Diego sexual harassment attorney, as the fact of your case may vary significantly.
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