Sexual harassment in the workplace is an unacceptable situation that requires immediate action. If you or a coworker has suffered unjust harassment of a sexual nature, whether or not it has resulted in wrongful termination, an Orange County sexual harassment lawyer can help. With skilled legal counsel at your side, you can approach these intimidating and dehumanizing circumstances with professionalism and confidence.
California Employment Counsel, APC, takes great pride in helping people pursue accountability for sexual harassment in a professional setting. Whether you suffered emotional trauma, professional setbacks, or some combination of these, our team has a proven track record of pursuing justice backed by many positive reviews.
Sexual discrimination and sexual harassment are related terms that are often conflated. Discrimination refers to actions taken against an employee’s employment arrangements. An example of sexual discrimination would be promoting one employee over another similarly qualified employee purely on the basis of the employee’s sex. Sexual discrimination could also pertain to an employer firing a female employee after she becomes pregnant. Sexual harassment, on the other hand, is any action that interferes with an employee’s ability to do their job safely or that threatens the employee’s bodily autonomy.
If you have experienced any type of discrimination, including wrongful termination, demotion, pay cut, loss of working hours, or undesired transfer that you believe only occurred due to your sex or sexual orientation, talk with our team. You likely have grounds for a sexual discrimination claim through the Equal Employment Opportunity Commission (EEOC). Sexual harassment often accompanies sexual discrimination, but this is not always the case.
Any unwelcome, violent, or otherwise undesirable behaviors directed toward you on the basis of your sex or sexual orientation would constitute sexual harassment. Our experience serving clients in sexual harassment cases can provide you with confidence and support during this challenging personal and professional period.
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It’s not uncommon for romantic relationships to develop within workplaces. However, some employers prohibit personal relationships between employees in their employee codes of conduct and workplace rules. Other employers do not mind if employees develop personal attachments as long as those relationships do not interfere with the employees’ abilities to perform their job duties.
Unfortunately, some employees will attempt to make sexual advances and exhibit sexually aggressive behaviors toward other employees, even after those employees have told them that such behavior is unwanted or who have already declined previous sexual advances. Unwanted sexual attention by a supervisor, co-worker or client may also be grounds for a complaint of sexual harassment:
Anyone can be a victim of sexual harassment. Teenage employees are especially vulnerable to sexual advances by managers or co-workers. Men can be sexually harassed by women, and same-sex harassment is just as illegal and hurtful as other forms.
Sexual harassment that involves any kind of physical contact could potentially qualify as sexual battery under California state laws. This type of sexual harassment can lead to substantial civil liabilities as well as criminal penalties, including several years in prison, depending on the severity and type of physical contact. Physical sexual harassment in the workplace is widely considered the worst and most damaging form of sexual harassment at work.
Sexual harassment can also occur without any physical contact at all. Coworkers, supervisors, and managers who engage in any verbal antagonization of an employee on the basis of the employee’s sex are guilty of sexual harassment. An employee who experiences this type of sexual harassment at work should immediately make it clear that such behavior is threatening and undesired. In some cases, this may be enough to put a stop to the harassing behavior immediately. In other cases, employees who experience sexual harassment can put a stop to the behavior quickly by reporting it to a supervisor and referring to the employer’s internal conflict resolution policies.
Unfortunately, sexual harassment does not stop at the first “no” for many employees. You may be required to hire an Orange County sexual harassment attorney for help. Legal professionals like those on our team can help to gather evidence that proves unwanted sexual harassment continued despite the victim’s explicit and repeated protests against the behavior. A successful sexual harassment lawsuit can not only help put a stop to abusive behaviors in the workplace but also secure compensation if the victim suffered damages as a result of the harassment.
The term quid pro quo means “something in exchange.” Quid pro quo sexual harassment occurs when a manager, executive or owner propositions an employee for sex or sexual activities. The employee may receive gifts, trips or job perks in exchange for sexual favors – or the “incentive” may be keeping one’s job.
It is against the law for a person in a position of power to make such demands or requests because of the threat – actual or implied – to the employee’s job if he or she says no. You may have grounds to sue even if you accepted gifts or engaged in some contact; under the law, a subordinate employee cannot consent to sex with a superior.
It’s possible that a lawsuit for quid pro quo sexual harassment could yield compensatory damages for the victim. If they were denied pay increases, promotion opportunities, additional benefits, or other economic advantages due to an incident of quid pro quo sexual harassment, an Orange County employment attorney could help a victim determine the full scope of their losses due to experiencing sexual harassment.
The employer’s role is critical. Under the law, an employer should promptly investigate, provide support services to the victim and sanction or fire the perpetrator. Unfortunately, some employers downplay harassment or retaliate against the victim. We help clients document the details of unwanted advances and how the employer responds.
United States law and the laws of the state of California require employers to write up clear employee codes of conduct and anti-sexual harassment policies for all of their employees. They must develop not only policies aimed at preventing sexual harassment at work but also policies for investigation and handling of an employee’s claim of sexual harassment. Typically, the first line of defense for any employee who experiences sexual harassment is the employer, but some employers will seek to punish an employee unfairly who brings up an issue of sexual harassment, typically to try and preserve the employer’s reputation.
Federal and state laws grant all employees certain rights, including the right to a safe workplace free of harassment. Employees also have the right to engage in certain protected actions without fearing punishment from their employers. Such protected actions include testifying as a witness in an open court case involving the employer, filing a claim for workers’ compensation, or filing a claim of sexual harassment for internal review. If an employer does not acknowledge the employee’s right to engage in such an action and takes adverse action against the employee instead, this is retaliation.
Retaliation takes many forms, including, but not limited to:
This list is not an exhaustive one, and retaliation takes many forms. If you believe an employer engaged in retaliatory behaviors against you in response to your sexual harassment claim, hire a sexual harassment lawyer to help you determine your options for legal recourse and assess your potential damages.
It’s vital to seek legal representation as soon as possible if you believe you have grounds for a sexual harassment lawsuit. Your Orange County employment attorney can help you build your case, gather evidence, and coordinate your court proceedings on your behalf. Contact California Employment Counsel, APC today to schedule a complimentary consultation from an experienced Orange County sexual harassment lawyer.
You love your job, but your workplace environment is full of unwanted advances, inappropriate comments, or overt sexual harassment. Instead of coming from management, these harassing actions and comments are coming from your other co-workers. Harassment in your work environment should never be tolerated as part of your employment.
While many people are quick to point out the power structures that allow management to harass others, actions by an employee of the same or similar ranking to you may feel much harder to address. However, our law firm can help you here as well.
At California Employment Counsel, APC, we know that you have a right to a safe work environment, free from sexual harassment. Sometimes sexual harassment occurs even though such actions violate federal and state laws, as well as company policies. An employer must take such complaints seriously and take action to remedy the situation and prevent any future harassment in its organization.
Just as sexual harassment doesn’t always come from management, it’s also not always blatant. A person may feel uncomfortable because another person has engaged in a minor, isolated act that soon becomes persistent, uncomfortable, and even hostile over time. These situations can be harder to recognize, especially if they are masked with humor or friendliness. Examples include:
Even if these actions seem small and harmless at first, they constitute a real threat. They can lead to the development of patterns and create underlying tensions that threaten a worker’s performance, mental health, and sense of personal safety.
If something feels inappropriate, even to a small degree, it may still qualify as harassment. It is wise to report it through appropriate workplace channels and consider contacting a lawyer.
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While it is paramount that the employer sets the tone for the company, many times employers do not educate their employees regarding sexual harassment in the workplace or investigate sexual harassment claims. Oftentimes, sexual harassment is simply overlooked or discounted. In some cases, the allegations are not taken seriously, and the perpetrator is not fired. Reasons can include:
In even worse situations, the victim is retaliated against by the employer or other employees for speaking out. The fears of filing a sexual harassment grievance are justified, but you should speak up for your right to a safe workplace, free from emotional and possible physical harm.
Ultimately, the responsibility for the tone of the workplace and your safety rests with your employer. Your employer will be responsible and liable for any harassment by other employees in a non-supervisory status, over whom they have control, if the circumstances create a hostile work environment, and your employer fails to take proper action to remedy the situation and prevent future harassment.
This includes harassment from other employees and even independent contractors on the premises. If an employer has knowledge that any type of sexual harassment is going on in the workplace, even among employees, they must take immediate action.
At California Employment Counsel, APC, we are here to advocate for you when you find yourself in a work situation that involves sexual harassment. Your employer may not be taking your grievance seriously or protecting your rights and safety. However, we can work with you to right this wrong.
Standing up for your rights in the workplace can be terrifying. If your grievance has fallen on deaf ears with your employer, or worse, if your employer has threatened retaliation against you for bringing your complaint, we can help. We can be with you step-by-step through the entire process of reporting the abuse, filing a sexual harassment claim, and, if needed, pursuing legal action.
Our experienced sexual harassment lawyers offer consultations to discuss your situation and help you explore your legal options. Contact us online to discuss your legal rights today.
One troubling fact about workplace harassment is that the victim is often manipulated to feel guilt. No one wants to be the person who creates a disruption and shatters the harmony of the workplace. However, it’s important to remember that if you were harassed, this sense of safety has already been shattered, and it was done by the person who harassed you.
Speaking up about sexual harassment can help you protect your peace of mind and personal safety. It can also allow you to reestablish a safe work environment, so you can focus on your career and continue to work toward professional achievements and promotions. Finally, speaking out for yourself can also create a safer workplace for others, allowing you to lead by example.
Just as sexual harassment can be subtle, so can retaliation. It may not always come in the form of immediate punishment or even an immediate reaction. Some employers wait weeks or months to begin enacting a type of pushback against any employee who speaks out about workplace issues.
This additional timeframe allows companies to frame punishments as routine business decisions made for financial or organizational reasons, when in reality, they’re attempts to punish an employee or make an example out of them. Subtle signs of retaliation can include:
At California Employment Counsel, APC, our lawyers have a proven track record of helping employees in California. Our seasoned attorneys focus entirely on protecting employees. Even more so, we have a huge focus on sexual harassment claims.
You also should speak up about your sexual harassment claim because you have nothing to lose by reaching out to our firm. We take cases on a contingency fee basis. This means you do not pay unless we obtain compensation for you. We strongly urge that you, at the very least, find out if your claim has merit.
You deserve protection if you have suffered from sexual harassment at work. You can also reach us online to schedule your free initial consultation. We serve Orange County, California, and all surrounding areas.
Sexual harassment cases can carry serious consequences for both employers and individuals. In California, these claims are typically considered civil matters, meaning they focus on financial liability and corrective action rather than criminal punishment in most workplace situations. However, escalation can turn cases into criminal matters, resulting in more severe punishments for the individual responsible.
When an employee has faced sexual harassment in the workplace and the company is found liable, they may face several punishments. These can include:
These are the punishments that may be issued to a company found guilty of committing, allowing, or failing to prevent sexual harassment. Since these matters can often involve a violation of one’s bodily autonomy, some individuals may face criminal charges, as well. Penalties for unwanted physical contact or sexual battery can include:
Determining liability on the individual, the employer, or both requires an understanding of sexual harassment laws and sexual harassment penalties according to the evidence of your case. When you work with a skilled lawyer from our firm, we can help you create a strong, fact-focused argument that seeks to hold the accountable parties responsible and compensate you for the harm you were forced to endure.
While the topic of sexual harassment is rarely discussed in workplaces, even in formal training scenarios to prevent such actions, the incidents themselves are far too common. For example, 1 in 9 men experience verbal sexual harassment in the workplace.
About 81% of women and 43% of men will experience sexual harassment or sexual assault in their lifetime, and many of these instances are in the workplace. The professional setting can create the hierarchy, pressure, and other factors necessary to perpetuate these conditions.
Between 58% and 72% of workers who face harassment fail to report it. This can be due to fears of being accused of being overly sensitive, fears of retaliation from management, or even a misguided sense of loyalty that makes a person think they have to tolerate such behaviors.
While the statistical reflection of harassment in the workplace is alarming, it does reveal one empowering truth – you are not alone. No person who is harassed should feel like they are to blame, nor should they be scared of reaching out to appropriate workplace channels or qualified legal representation like the kind our firm offers.
Unfortunately, it is not uncommon for California employees to encounter sexual harassment without realizing that what they are experiencing is illegal and unacceptable. It’s vital for all employees to fully understand the definition of sexual harassment and know what to do if they encounter such behavior in the workplace. It is not always easy to define what illegal harassment actually is.
There are many situations in which the line seems blurred, and therefore, you may not know what to do. The sexual harassment lawyers of California Employment Counsel, APC, can help you deal with this difficult situation. We have successfully handled hundreds of cases involving workplace sexual harassment. We are not afraid to take on any employer, especially employers who failed to properly manage and protect their employees.
Reliable legal guidance is invaluable when you have experienced something like sexual harassment in the workplace. Your Orange County sexual harassment attorney should be able to clarify your options for legal recourse and investigate the full scope of damages you may be able to claim through legal action against your employer. The California Employment Counsel, APC wants to provide as much foundational information as we can to employees facing sexual harassment at work. We can help you address tough questions and overcome the pain of harassment.
A: It depends on the situation. Essentially, if someone has treated you in a way that makes you uncomfortable, that is harassment. It can be in person or via text, overt or subtle, come from a vendor or your boss: there are many ways to harass someone. Sometimes harassment is actually miscommunication or an attempt at humor taken too far. If you have experienced any type of unwanted behavior, make it immediately clear that the behavior is unwanted and unacceptable. It may end right there, but if it does not, it is time to explore your options for legal recourse.
A: Some of the ways sexual harassment can manifest in the workplace include:
If you have experienced any behavior like this at work and it has continued despite your clear protest, you may have grounds for a sexual harassment claim. If your experiences include any unwanted physical contact of any kind, your claim may escalate to a sexual assault or sexual battery case. In this situation, the offender will likely face severe criminal penalties in addition to civil liability for your damages.
A: It’s always best to attempt to resolve a sexual harassment issue using internal company policy before resorting to legal action. Most companies uphold strict anti-harassment policies and must investigate any sexual harassment claims filed by employees. When an employer learns of sexual harassment but does nothing to stop the problem and it continues, the employee can potentially take legal action against their harasser specifically as well as their employer. If you have reported sexual harassment at work and your employer has not taken any appropriate response, it’s time to speak with an Orange County sexual harassment attorney.
A: It’s natural for romantic relationships to develop within some workplaces. Some employers in California and throughout the United States uphold strict anti-fraternization policies that forbid personal relationships between employees. Other organizations do not mind if employees have personal relationships as long as their personal lives do not interfere with their ability to perform their job duties. If an employee asks another employee out on a date and is rejected, they should not press the issue and keep asking. Doing so would constitute sexual harassment.
A: If you had a personal relationship with a coworker in the past and the relationship ended, you still have options. A past relationship does not insulate your ex from legal action if they start sexually harassing you. Once you have made it clear their behavior is unwanted, unwelcome, and inappropriate, the behavior should stop immediately. Otherwise, you would have grounds for a sexual harassment claim regardless of your past relationship.
A: Many employees interact with the public as customers or with representatives and employees of other organizations. If you have been harassed by a customer or an employee of a partnered business over which your employer has no authority, you should still report the problem and give your employer a chance to fix it. If you report the problem and the issue persists because your employer will do nothing to stop it, get help from an attorney. This behavior may constitute grounds for a sexual harassment claim since your employer has the ability to potentially stop it but did nothing.
A: This is a common reason people do not report harassment: they think people will not believe them over their boss. However, knowing that you are protected by law can ease your mind. Having a lawyer on your side can help as well. Retain any evidence you have of the harassment, and do not be afraid to bring a case.
A: Employees in the United States have several rights, including the right to perform certain protected actions like reporting sexual harassment in good faith. Other common protected actions include filing for workers’ compensation benefits, testifying in an open case involving the employer, or reporting a workplace safety violation to a government oversight agency. Whenever an employer intentionally takes disciplinary or adverse action against an employee in response to their protected action, this is illegal retaliation. There are rules in place to protect you from retaliation. It is important to make records of each instance of retaliation because a lawyer can help you stop it and hold them accountable.
A: Sexual harassment of any kind is illegal in California and throughout the United States, and many different legal statutes are likely to come into play in your claim. You have the right to seek compensation for any damages resulting from the sexual harassment you experienced.
A few avenues of compensation include lost wages and benefits from a wrongful termination, medical expenses for psychiatric treatment you sought in response to the harassment you experienced, and your legal fees, in many cases. Ultimately, the recovery from a successful sexual harassment claim can be substantial and also prevent other employees from experiencing similar situations in the future.
A: The Equal Employment Opportunity Commission (EEOC) of the United States has the responsibility of overseeing the employment standards throughout the country and fielding reports of sexual harassment and discrimination in US workplaces. The first step in pursuing a civil claim for sexual harassment in the workplace is to file a claim with the EEOC.
Your Orange County sexual harassment attorney can assist you with the claims process, and the EEOC will review your claim to determine whether you have grounds for legal action. If approved, you will receive a Notice of Right to Sue that allows you and your attorney to initiate legal proceedings against your employer.
When internal company policies have failed to put a stop to the harassment you’re experiencing at work, swift legal action is necessary. California Employment Counsel, APC, is here to help you. Our team focuses solely on employment issues, including workplace harassment, and we’ve received many positive reviews for our dedication to justice.
We offer free consultations: you can receive our individual attention by contacting us online. We serve clients throughout Orange County and the surrounding area, and we can help you stand up to unfair workplace treatment.
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714-462-8376
555 Anton Blvd., Suite 150,
Costa Mesa, CA 92626
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