Anaheim Sexual Harassment Lawyer

Sexual Harassment Attorney in Anaheim, CA

Workplace sexual harassment can manifest in various ways. While there are state and federal laws are there to protect employees from sexual harassment, it unfortunately still happens. If you are the victim of sexual harassment, understanding your rights and what actions you can take is crucial, and our Anaheim sexual harassment lawyer can advocate for you and help you file a civil lawsuit against your harasser.

What Is Sexual Harassment?

Sexual harassment is a form of discrimination based on sex, prohibited by both federal and state law. Under Title VII of the Civil Rights Act of 1964, sexual harassment is illegal. California law prohibits it.

Sexual harassment can take many forms, including verbal or physical conduct with a sexual nature that creates a hostile or intimidating work environment. There are two main types of sexual harassment in the workplace:

1. Quid pro quo: Quid pro quo means “this for that” and is a type of workplace sexual harassment where an individual in a position of power demands sexual favors in exchange for a benefit or to avoid negative consequences. This can include promotions, pay raises, job changes, or threats of termination or demotion.
2. Hostile work environment: Sexual harassment can occur when an employee experiences unwelcome conduct of a sexual nature that creates a hostile work environment. This harassment may involve offensive remarks, unwanted touching, offensive jokes, or explicit materials around the workplace. The behavior can be persistent and considered severe or pervasive or be a single, exceptionally egregious incident.

It is important to note that sexual harassment does not have to be motivated by sexual desire. Domination, control, and abuse of power are often underlying factors. As a result, sexual harassment is more likely to occur in situations where there is a power imbalance between individuals.

Common perpetrators of sexual harassment include:

• Employers and supervisors against their employees
• Teachers, college professors, and school administrators against their students
• Clergy members against their parishioners
• Landlords and managers against their tenants

Sexual harassment can happen to anyone, regardless of gender or age, and the harasser can be a man or a woman.

Retaliation

Workplace retaliation against an employee for reporting sexual harassment is strictly prohibited by law. This type of misconduct can occur after an employee files a complaint, testifies in court, or participates in an investigation related to sexual harassment in the workplace.

Retaliation is serious, and both state and federal law safeguard individuals who report or cooperate with investigations into these incidents. The law prohibits actions that deter an employee from coming forward, including:

• Reprimands or disciplinary actions
• Job evaluation
• Negative treatment or discrimination
• Termination of employment
• Suspensions or other time-off penalties
• Demotions
• Denial of benefits or promotions
• Any other action that could discourage someone from reporting a claim.

California and Federal Laws Against Sexual Harassment

Both federal and state laws in California protect employees from sexual harassment in the workplace. These laws are:

Title VII of the Civil Rights Act of 1964

Title VII prohibits employment discrimination based on race, color, religion, sex, or national origin. Sexual harassment is considered a form of sexual discrimination under Title VII.

Fair Employment and Housing Act (FEHA)

FEHA is California’s comprehensive anti-discrimination law. It prohibits discrimination in employment, housing, and public accommodations based on certain protected characteristics, including sex. This law also defines sexual harassment, and the protections are generally broader than those under Title VII.

What You Can Do if You Believe You Are a Victim

If you are experiencing sexual harassment, you should know your options. If your company has a sexual harassment policy, review it and take action. Be sure the complaints are documented, and keep records of everything that you have experienced. Make sure you note the date and anyone who was involved.

If you experience sexual harassment, report it to your employer following the procedures outlined in your company’s sexual harassment policy. In some instances, failing to report the harassment may limit your ability to take further action against your employer.

Who Is Liable for Sexual Harassment?

California law imposes strict liability on employers for sexual harassment perpetrated by their managers or supervisors. This means that an employer is automatically liable if a manager or supervisor engages in such misconduct. However, for harassment between coworkers, the employer is only liable if they knew or should have known about the harassment and failed to take appropriate corrective measures.

In both situations, the employees involved in the harassment are personally accountable for their actions. Additionally, employers can be held liable for harassment by customers or clients if they have knowledge of the harassment or should reasonably be aware of it and fail to intervene.

How Can an Anaheim Sexual Harassment Attorney Help?

The next step is to consult with a sexual harassment attorney. Your attorney can assist you in gathering evidence to support your claim and file a complaint with the CRD or request a “right to sue” letter.

Your attorney will be able to help you document your damages and determine the appropriate party to sue, such as a school, church, or employer. Time is of the essence. The CRD only accepts complaints filed within three years of the harassment occurring.

Why Should I Take Legal Action?

Victims of sexual may seek financial compensation for the harm caused. The damages that can be recovered are:

• Economic damages such as medical expenses and lost wages.
• Non-economic damages include physical pain, mental suffering, emotional distress, and invasion of bodily integrity.

Sexual harassment can have long-lasting consequences, including stress and trauma. Seeking legal action can provide financial relief and prevent future harassment by holding perpetrators accountable.

Contact the Anaheim Sexual Harassment Lawyers at California Employment Counsel, APC

If you’re facing sexual harassment in your workplace, our Anaheim sexual harassment attorneys are here to support you. We can evaluate your situation to determine if you have a claim and develop a tailored strategy to seek justice on your behalf. Contact us today to learn more about your rights and options.