Carlsbad Sexual Harassment Attorney

One day, you are simply minding your business, going about your tasks at a retail shop at The Shoppes in Carlsbad or cleaning rooms at one of the many hotels along the Pacific Coast Highway, and then it happens: a moment of sexual harassment. This could be unwanted physical contact or a joke aimed at your sex or gender. Whatever the situation, having a Carlsbad sexual harassment attorney and law firm on your side can be vital when seeking justice.

At California Employment Counsel, APC, we believe that no individual should ever have to face sexual misconduct or harassment at their place of work. Carlsbad is a thriving city that is home to large biotech companies and tourism hotspots, like Legoland. However, with these vibrant and large places of employment comes a higher risk of sexual harassment occurring. We are here to offer you the legal counsel you deserve.

Although California has many laws to protect workers against sexual harassment, it still occurs. With such a large and continuously growing population, these incidents are on the rise across several industries and employment sectors. In fact, one study showed that the chances of experiencing sexual harassment are 5% higher for women across the state and 10% higher for men. In Carlsbad, there are two forms sexual harassment can take, which are:

The phrase “quid pro quo” is Latin for “this for that,” insinuating an exchange. In the workplace, this kind of harassment occurs when an individual in a position of authority over others, such as a boss, supervisor, manager, or employer, offers certain workplace benefits in exchange for sexual favors or requests. These benefits might include a promotion, a raise, or a positive performance review.

However, the perpetrator may instead threaten you with certain kinds of workplace retaliation if the favors are not granted. This retaliation might include being fired, being demoted, suffering a negative performance review for no good reason, or being given a less-than-desirable schedule.

In Carlsbad, this kind of sexual harassment can occur when an individual faces continuous, severe, and pervasive hostile treatment in their workplace. This includes unwanted, offensive, or unwelcome comments or behavior of a sexual nature. This injects the topic of sex or gender into the harassment, and it can include degrading comments about your gender or sex through multiple forms of communication, such as email or social media messages.

Several specific examples of sexual harassment that can occur in your workplace include:

• Making obscene sexual gestures
• Catcalling or whistling
• Looking at an individual in a suggestive manner or “checking them out”
• Asking questions that are of a sexual nature, such as those regarding an individual’s sex life
• Giving unwanted or unwelcome shoulder massages or hugs
• Circulating sexual or otherwise inappropriate emails, images, jokes, or videos in the workplace
• Blocking the path or walkway of another individual
• Your manager or employer promising you a raise if you go out on a date with them
• Decorating an office area with sexually explicit or suggestive material

If you have suffered any of these behaviors at your Carlsbad place of work, reach out to the team at California Employment Counsel, APC. 90% of individuals who experience sexual harassment at their workplace never take the necessary formal action against the behavior, like filing a complaint or legal charge. Don’t be another statistic. Instead, work with us to hold the guilty party accountable.

When an individual is subject to sexual harassment at work, they deserve compensation for the suffering they have experienced. You can hold the guilty party accountable and recover financial damages through a legal claim. In Carlsbad, these claims can be filed under the FEHA with the California Civil Rights Department. The nearest office is located in San Diego on Metropolitan Drive.

You can seek several forms of compensation in a sexual harassment claim, including the following:

• Lost wages and benefits. This can cover back pay and any other wages, salary, or benefits that were lost because of the harassment. It can also include any wages that might have been earned if you hadn’t been passed over for a promotion due to the harassment, despite being qualified for the position.
• Future earnings. In certain situations, if you were wrongly terminated because of the sexual harassment, you may be eligible to be reinstated to your position. If you are not reinstated, you could receive any future pay that you could have realistically earned.
• Pain and suffering. Even if you do not suffer any direct financial damages from the sexual harassment, you did suffer emotional distress, and you can obtain compensation for this.
• Punitive damages. Although these are not often awarded in cases, they can add a large value to your claim, should they apply. Punitive damages work to punish the liable party for any malicious acts or particularly egregious behavior.

Your attorney can pursue these forms of compensation by:

• Gathering evidence to support your claim through a thorough investigation
• Filing the paperwork for all legal claims
• Handling all the legalities so that you can focus on your own rest and recovery
• Working to protect you against any forms of retaliation
• Negotiating a settlement with the liable party

We can also litigate your case before a judge or jury if the need arises. If the court doesn’t see the need for compensation, we can then appeal the decision to seek a fairer outcome on your behalf.

At California Employment Counsel, APC, we are passionate about delivering justice to our clients, whatever their experience with workplace sexual harassment has been. Let us fight for the monetary and emotional compensation you deserve for the suffering you have sustained. Whatever your case entails, we can fight for you. Contact our offices today to learn more and schedule an initial consultation so we can discuss the details of your case.