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 attorney can advocate for you and help you file a civil claim against your harasser.
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:
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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:
Sexual harassment can happen to anyone, regardless of gender or age, and the harasser can be a man or a woman.
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:
Sexual harassment can create long-lasting financial, emotional, and professional consequences for victims. Fortunately, California victims can recover compensation for many of the damages associated with harassment in the workplace.
Victims can be compensated for financial losses, called “economic damages.” Economic damages include lost income if the harassment led to fewer hours or if a victim was demoted, suspended, or fired from their job. Front pay may also be available in some situations. Front pay is a form of compensation awarded when a victim cannot go back to their previous job after experiencing harassment.
Victims can also recover damages for losses that don’t have a specific dollar amount. Harassment might, for example, trigger feelings of emotional distress, anxiety, humiliation, depression, a loss of life’s pleasures, and considerable mental suffering. If someone was sexually harassed at work, they can pursue compensation for these injuries, which can affect their relationships and their ability to feel safe at work.
Punitive damages are another form of compensation that may be available in sexual harassment cases. Punitive damages are not tied to specific losses and are not meant to compensate the victim. Instead, punitive damages are meant to punish the employer and can be awarded when the employer maliciously violated an employee’s rights.
For example, punitive damages may be available if the employer knew about the harassment and allowed it to continue after receiving complaints.
Anaheim employs workers in tourism, hospitality, healthcare services, manufacturing, education, technology, and entertainment. If you have been sexually harassed at work, you may be required to file a complaint through administrative proceedings and file a legal claim in court to protect your legal rights.
Anaheim workers have traditionally filed employment-related claims in Orange County Superior Court. Orange County’s courthouse is located in downtown Santa Ana. If you file a claim in Anaheim, you need to learn about the court’s filing requirements and deadlines.
In fiscal year 2024 alone, the EEOC received 88,531 new complaints of discrimination, which is more than 9% more than the overall number of complaints filed in fiscal year 2023. In addition, the EEOC got over 553,000 calls and 90,000 emails from the public through the agency’s contact center, representing a nearly 6% and almost 5% increase, respectively, from fiscal year 2023.
California has implemented many sexual harassment laws to protect employees from harassment in the workplace. Employers, however, often have large legal departments or contracts with law firms to limit their liability. Without the right evidence and legal strategy, it can be tough to prove your case and recover compensation.
An Anaheim sexual harassment lawyer can help investigate the harassment you endured at work and preserve evidence. When you hire a sexual harassment attorney, they can review documents, interview witnesses, calculate your damages, and communicate with your employer on your behalf. Your attorney can also file your harassment complaint with the California Civil Rights Department and help you meet all necessary deadlines.
Finally, your attorney can protect you from retaliation and help you recover full compensation available to you under California law.
Disclaimer: Past case outcomes do not guarantee future case results.
Both federal and state laws in California protect employees from sexual harassment in the workplace. These laws are:
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.
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.
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.
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.
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 should be able to help you document your damages and determine the appropriate party to file a claim, 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.
Victims of sexual may seek financial compensation for the harm caused. The damages that can be recovered are:
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.
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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.
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714-462-8376
555 Anton Blvd., Suite 150,
Costa Mesa, CA 92626
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