Oceanside Sexual Harassment Attorney

Sexual harassment is a form of sex discrimination that people can experience in the workplace, places of business, housing, and state-funded programs. It’s often one of the more subtle forms of discrimination people deal with, which can make it challenging to fight against. Fortunately, working with an Oceanside sexual harassment attorney can facilitate the process and help you recover the appropriate damages.

If you’ve experienced some form of sexual harassment in the workplace, it’s important to stay calm and organized so you can build a case for yourself and seek compensation. By working with a skilled defense lawyer, you can be sure you are ready to navigate the legal processes that can follow your initial complaint filing.

Sexual harassment claims can fall into two categories: hostile work environment and quid pro quo. It is becoming more challenging to say a situation is one or the other, as many cases tend to involve both forms of sexual harassment.

Hostile work environment harassment includes sharing content that is demeaning or sexual in nature in the workplace. This includes things such as images, jokes, or threats that foster an unhealthy work environment.

Quid pro quo harassment refers to a person in a position of power seeking sexual favors or a relationship with an employee and, in return, granting the employee a favor of some kind. This typically includes pay raises, promotions, or more favorable hours. On the other hand, they can take things away by threatening punishment, demoting the employee, or even firing them.

Sexual harassment can look different depending on the environment and the unique situation, which is why it is important to understand how to identify the signs. Some of the most common forms of sexual harassment seen in the workplace include:

• Creating a hostile work environment
• Making comments about another person’s body
• Physical or verbal conduct that is sexual in nature
• Requests for sexual favors
• Stalking behaviors
• Threats for not complying with sexual advances
• Unwelcome sexual advances
• Using sexually explicit language

When you file for sexual harassment, the goal is to receive compensation that puts you back in the same position that you would have been in had the discrimination not occurred. The most common type of compensation for sexual harassment is:

• Compensatory damages for emotional distress
• Compensatory damages for harm to reputation
• Equitable relief
• Payment for lost wages
• Payment for lost future earnings
• Punitive damages
• Attorney fees and related litigation costs

Other civil remedies for sexual harassment cases in California include rehiring or reinstatement, promotion, and changes in the employer’s policies and practices.

Oftentimes, it can be worth pursuing legal action against the perpetrator and your employer in a sexual harassment case. In some cases, they may be one and the same. Regardless, your employer has a responsibility to take reasonable steps to prevent harassment of any kind in the workplace. If they fail to do so, they can be held liable for the sexual harassment, even if they weren’t the perpetrator themselves.

If you are unsure how to proceed with a sexual harassment case, it is prudent to meet with a defense lawyer who can walk you through your options. A knowledgeable Oceanside sexual harassment lawyer can help you determine the most beneficial path forward so you receive acceptable compensation for the harassment you have had to endure.

Moreover, filing for sexual harassment in California requires following some formal and informal steps in the correct order to bolster your case and ensure it cannot be dismissed by the other party. Working with a skilled professional can offer peace of mind that you are handling the situation correctly and have a solid case to present to the court.

Q: How Do I Know if I Have a Sexual Harassment Case?

A: The U.S. Equal Employment Opportunity Commission (EEOC) defines sexual harassment as forms of physical or verbal conduct that are sexual in nature. This can include requests for sexual favors, unwelcome sexual advances, distribution of sexual material, and more. If you feel like you are being sexually harassed, there is a good chance you have grounds for a case. Working with an Oceanside sexual harassment attorney can guide you on how to proceed.

Q: Is There a Difference Between Sexual Harassment and Sexual Discrimination in California?

A: Yes, there is a difference between the terms sexual harassment and sexual discrimination. Sexual harassment is a form of sex discrimination that involves a person dealing with unwanted sexual advances or behaviors in the workplace. Sexual discrimination describes a person being treated unfairly due to their sex or gender.

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

A: When you file a sexual harassment claim and intend to pursue legal action, you have some options when it comes to who to file against. If your employer at your place of business is not the direct perpetrator of the sexual harassment behavior, you can claim against both the harasser for the sexual harassment and your employer for creating a hostile work environment and failing to stop the harassment.

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

A: Under the California Fair Employment and Housing Act, it is illegal for an employer to fire an employee in response to them filing a sexual harassment complaint. This is considered illegal retaliation. If you suspect you have been unlawfully fired, it’s wise to contact a Chula Vista sexual harassment attorney to further investigate and build a case in your defense.

If you’ve experienced sexual harassment in the workplace, you deserve to receive compensation to rectify the situation. Our skilled team at California Employment Counsel, APC, is dedicated to protecting California residents against all types of mistreatment in the workplace, and we’re ready to provide personalized care that caters to your unique needs in the wake of the challenges you’ve faced.

Reach out to our office to learn more about our process and set up a consultation with a member of our team today.