Escondido Sexual Harassment Attorney

Sexual Harassment Lawyer in Escondido, CA

Dealing with the repercussions of sexual harassment in the workplace can leave a person feeling undervalued, scared, and unsure of where to go next. While many people want to believe instances of sexual harassment no longer happen, the truth is that people of all ages and genders still experience it. By working with an Escondido sexual harassment attorney, you can take the right steps to seek recourse and protect yourself going forward.

Sexual harassment laws in Escondido are governed by California state laws, so it is important to understand how the state handles these types of cases to better protect yourself and your rights in the workplace.

How to File a Sexual Harassment Claim in California

Once you decide you want to take action for a sexual harassment situation, it is crucial to follow the proper steps to protect yourself and recover the damages you deserve. Document everything you possibly can to build a strong case that cannot be discredited down the road.

• File an internal complaint. Employers in California are required to provide a safe work environment and must take reasonable action to prevent harassment. For this reason, most businesses have a sexual harassment policy in place. Your first step in pursuing an action against sexual harassment is typically to file a complaint with your employer.If you are uncomfortable filing an official complaint, it is wise to have a record of you informing someone in a position of power at your workplace about the incidents to prove that you attempted to stop the behavior before taking things to the next level.
• File a complaint with the CRD or EEOC. The California Civil Rights Department (CRD) is a state agency that protects against unlawful discrimination in the workplace. If they find a law has been violated, they may pursue legal action on your behalf.Your other option is to file with the Equal Employment Opportunity Commission (EEOC), which enforces discrimination laws at the federal level. These agencies cross-file with one another, so you only need to submit one complaint.

It’s important to file with your state or federal agency before going to court. By going through this process, you can be sure a law was violated, and you have a case that holds up in a court of law. Additionally, the defendant can file a motion to dismiss if you do not file a complaint with the agency first, and they can argue that you did not follow the proper steps to file an official claim.

In 2020, California extended its statute of limitations for filing a sexual harassment complaint against an employer to three years from the date of the last incident or retaliation due to the incident, giving victims ample time to collect evidence and determine how they want to proceed with their case. An experienced Escondido sexual harassment lawyer can help guide you through this process.

What Can Sexual Harassment Look Like in California?

It can be challenging to identify actions that constitute sexual harassment in an Escondido workplace, but it’s important to be able to recognize potential signs so you know when to fight back. The California Fair Employment and Housing Act (FEHA) classifies sexual harassment as either a “hostile work environment” or quid pro quo” harassment.

Examples of quid pro quo harassment can include:

• An employer threatening an employee’s job security for refusing sexual advances
• A manager offering better hours or higher pay in exchange for sexual favors
• A supervisor pressuring an employee to go on a date

Examples of hostile work environment harassment can include:

• A co-worker repeatedly making sexual remarks
• Another employee engaging in inappropriate physical contact
• Employees sharing explicit images or videos that include an unwilling participant

FAQs

Q: What Are the Different Types of Sexual Harassment in the Workplace?

A: Sexual harassment is typically split into two categories: hostile work environment and quid pro quo harassment. The former refers to sexual harassment behaviors that interfere with your work life and/or create a hostile work environment. You may experience this type of harassment even if it isn’t directed at you.

Quid pro quo refers to the exchange of sexual favors for some form of work benefits. This type of harassment is typically seen between a manager and their employee.

Q: Can I Be Fired for Filing a Sexual Harassment Claim?

A: It is illegal for you to be fired from your place of work after submitting a sexual harassment complaint under the Fair Employment and Housing Act (FEHA). This is known as employer retaliation, and it can help to bolster your case if an employer tries to do this. That said, employers can claim that they fired you for a different reason, so it’s important to document everything to be able to prove your case.

Q: Are There Administrative Remedies for a Sexual Harassment Case?

A: Yes, before pursuing legal action, it’s wise to seek out administrative remedies through your place of work or your state or federal agency. For California residents, this involves filing a complaint with the California Civil Rights Department (CRD) at the state level or the Equal Employment Opportunity Commission (EEOC) at the federal level.

Q: Is There a Statute of Limitations on When I Can File a Sexual Harassment Claim?

A: Yes, you must file a sexual harassment claim with the California Civil Rights Department (CRD) within three years of the date of the last incident or retaliation. This extended time limit is unique to California, as the federal deadline is typically within 180 days of the incident or 300 days if a state agency is involved.

Reach Out to a Trustworthy Defense Lawyer to Discuss Your Sexual Harassment Case

Every sexual harassment situation is different and can benefit from personalized attention from a skilled defense lawyer that you can trust.

California Employment Counsel, APC has been handling sexual harassment and sex discrimination cases throughout San Diego County and beyond for years, and we understand how to navigate these delicate cases and provide swift legal action in your favor. Get in touch with our office to set up an appointment and discuss your needs further today.