Chula Vista Sexual Harassment Attorney

Experiencing sexual harassment in the workplace can leave a person feeling powerless and unsure of what to do next. In a perfect world, no one would have to deal with discrimination in any aspect of their life, but the sad reality is many people do in the spaces where they are supposed to feel safe and supported. A Chula Vista sexual harassment attorney can help guide you and better understand your options if you are put in this position.

There are many forms of sexual harassment that a person can experience in the workplace, and fighting against it can feel scary and challenging. If you think you have experienced some form of sexual harassment, it is important that you understand the options you have to keep yourself safe and receive the proper compensation.

Sexual harassment is a form of sex discrimination that involves verbal or physical conduct that is sexual in nature, including requests for sexual favors and unwelcome sexual advances. It’s possible for individuals of any gender to be the victim of sexual harassment, and the actions don’t have to be motivated by sexual desire to be considered unlawful in California.

While sexual harassment can look different in each unique scenario, the most common offensive behaviors that fall under the umbrella include:

• Displaying sexually suggestive content
• Offering benefits in exchange for sexual favors
• Other physical or verbal conduct of a sexual nature

When the time comes to fight against sexual harassment, it is important to follow the right protocol, or else you risk your case being dismissed. Before diving into the legal process, it is wise to first take the matter up with your employer. California law requires all employers to take reasonable steps to prevent harassment in the workplace. By proving you attempted to get the behavior to stop and your employer failed to do so, you can bolster your case if it goes to court.

The next step you must take is to file a complaint with the California Civil Rights Department (CRD). Alternatively, you can file with the federal Equal Employment Opportunity Commission (EEOC), which enforces federal antidiscrimination laws. You only need to file one complaint as they are automatically cross-filed with each other.

If your case is accepted for investigation, the accused party will receive a signed copy of your complaint, to which they must respond. If that response is found unsatisfactory and it is determined they are in violation of the law, the case moves to mediation and then a possible case in court.

It may seem like an unnecessary extra step, but failing to file this complaint with the CRD or EEOC can hurt you in the long run. Your employer or the perpetrator you intend to file a claim against can file a motion to dismiss on the grounds that you did not follow the proper procedure, and the court has the right to dismiss the case. By working with a Chula Vista sexual harassment lawyer, you can rest assured you are doing everything correctly in the eyes of the law.

Illegal retaliation refers to actions your employer takes in response to an employee filing a sexual harassment claim that makes the employee’s work life harder. Typically, this involves the employer passing over the qualified employee for a promotion or demoting them, scheduling them undesirable hours, or even firing them.

If you can prove some form of illegal retaliation on your employer’s part, you can bolster your sexual harassment claim. Having a knowledgeable Chula Vista sexual harassment lawyer in your corner can help you obtain the compensation you deserve.

Q: What Is the Difference Between Sexual Harassment and Sexual Discrimination?

A: Sexual harassment and sexual discrimination are two terms that are often used interchangeably. However, there are some differences between the two. Sexual harassment is a form of sex discrimination wherein the victim experiences unwanted sexual behavior in the workplace. Sex discrimination as a whole refers to someone being treated unfairly due to their gender.

Q: What Is Employer Retaliation in a Sexual Harassment Case?

A: Employer retaliation refers to actions an employer takes to worsen their employee’s working conditions after they file a sexual harassment complaint. In many cases, this can involve the employer giving the employee fewer hours, scheduling them on undesirable shifts, passing them over for deserved promotions, demoting them, or even firing them.

Q: Who Can I File a Claim Against in a Sexual Harassment Case in California?

A: If you plan to pursue legal action with a sexual harassment claim in the workplace, it’s important to know all your options. In the case that your employer is not the harasser, you are able to file a claim against both your harasser for the actual harassment and your employer for perpetuating a hostile work environment in California.

Q: What Are the Different Types of Sexual Harassment?

A: Sexual harassment in the workplace falls into two categories, though the line can be blurred between the two as many cases involve both types. Hostile work environment harassment refers to unwelcome sexual remarks or behaviors unreasonably interfering with an employee’s performance at work due to being in a hostile or offensive workplace. Quid pro quo harassment refers to a person attempting to exchange work benefits for sexual favors.

Navigating a sexual harassment case can be stressful and confusing, which is why it’s helpful to work with a law firm that understands the nuances of such cases in California. A Chula Vista sexual harassment lawyer can guide you through the proper procedures and help you fight against any unfounded reasoning your employer provides in response to your claim.

Our team at California Employment Counsel, APC, has been handling all types of cases involving mistreatment in the workplace, and we are equipped to fight on your behalf to ensure you can recover the damages you are owed. Contact our office to learn more with a consultation today.