San Bernardino Sexual Harassment Attorney

Sexual Harassment Lawyer in San Bernardino, CA

You have worked hard to get to where you are. Whether you work in the logistics hub of San Bernardino, companies like Amazon or UPS, or a smaller business along Sierra Way, you may be subjected to sexual harassment. However, this doesn’t mean you should put up with this kind of treatment. Instead, you can file a legal claim with the help of a San Bernardino sexual harassment attorney and take your life back.

Our San Bernardino Attorneys

Raymond E.Hane III

Our Founding Attorney

Nicholas A.Hane, Esq.

Trial Counsel

Meet Our Team

At California Employment Counsel, APC, we are passionate about advocating for our clients. Let us handle the legalities of a sexual harassment case so you can focus on your own mental and physical health and recovery.

Facing this kind of treatment can feel overwhelming and daunting, but no one should feel as though they need to endure this conduct just to keep their job and make a living. Instead, let us advocate for you while recovering the compensation and justice you deserve.

Defining Sexual Harassment in San Bernardino

In California, more than 88% of women and 44% of men say they have experienced some kind of sexual harassment or assault in their lifetime. However, one study showed that 90% of individuals who have suffered this type of misconduct don’t report it for fear of losing their jobs and ability to make a living.

To protect yourself, it is critical to know the two main kinds of sexual harassment that can occur in the San Bernardino workplace, which are the following:

Hostile Work Environment

This kind of workplace sexual harassment can happen when there is any kind of harassment, not just sexual misconduct. Nevertheless, many of these cases do include sexual harassment. This kind of environment can cause an employee to feel threatened, uncomfortable, or unsafe. The harassment can even become so pervasive or severe that the employee feels unable to do their job. Examples include:

• Consistent, unwanted, and unwelcome sexual advances or flirting, even after the victim has asked the perpetrator to stop
• Constant and unwanted touching or “accidental” touching
• A co-worker hanging up sexual materials in their office or workspace
• Circulating sexually explicit or suggestive images and videos to others in the workplace
• Feeling like you have no choice but to quit your job because the harassment has made you so uncomfortable at work
• Feeling like the target of sexual jokes, gestures, or other unwanted remarks

Quid Pro Quo

Quid Pro Quo is one of the more common kinds of sexual harassment that can take place in San Bernardino. This occurs when an individual who holds some kind of power in the workplace, such as an employer, a boss, a manager, or a supervisor, approaches a subordinate and requests certain sexual favors in exchange for a workplace benefit. In some cases, though, the powerful individual threatens retaliation if the sexual favor is not granted. Examples include:

• Your employer threatens to fire you if you don’t go on a date with them.
• A supervisor threatens to give you a poor performance review if you do not have sex with them.
• A manager offers to promote you if you engage in a sexual act with them.
• An employer gives you a raise if you enter into a sexual relationship with them.

Examples of Workplace Sexual Harassment

Sexual harassment may happen at any job, from the sprawling distribution centers and warehouses that power San Bernardino’s logistics industry to hospitals, retail shops, restaurants, classrooms, and offices. Although many harassments are sexual in nature, it’s important to remember that illegal harassment doesn’t have to involve sexual conduct. Forms of sexual harassment in the workplace include:

• Asking someone to go on a date or enter into a romantic relationship after they’ve said no
• Texting, emailing, or instant messaging a coworker with sexual messages or requests
• Making comments about someone’s body, looks, what they’re wearing, or how attractive or unattractive they are
• Telling sexual jokes or sharing inappropriate stories at work
• Touching someone without their consent, even seemingly platonic actions, such as a hug
• Gossiping about a colleague’s personal romantic or sexual activities
• Offering to give someone a promotion, raise, better schedule, or other workplace perks in exchange for sexual favors

Sexual harassment is illegal if it’s severe or frequent enough to create a hostile work environment for an employee. Harassment can also occur via email, video conferences, workplace chat apps, and other channels.

What Our Clients Say

Melissa M.

Ray and Nick were an amazing team to work with during a very hard time in my life. Both worked diligently on a resolution and I am happy to say…

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I was lost and calling around for advice to help me with my work situations. Nick was there to help me through it all even when he wasn’t my lawyer…

Emily B.

When I first reached out to Ray and Melissa, I had been terminated from my position for complaining of sexual harassment. Immediately I knew I was in good hands with…

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How to Report Sexual Harassment at Work

If you’ve been sexually harassed at work, you may wonder who to talk to or where to file a complaint. Taking action early can help you protect your rights and preserve important evidence:

• Document the behavior. The first step is to start keeping records of any incidents. Write down the date, time, location, and details of what happened, and include the names of anyone who witnessed the conduct. Preserve emails, texts, photos, chat conversations, performance reviews, or any other evidence that might be useful.
  
• Know your employer’s sexual harassment policies. Most employers have an anti-harassment policy in their employee handbook. Read these policies and make note of who or which department handles complaints. Following internal reporting procedures can help show that you gave your employer the chance to correct the issue.
  
• File a written complaint. Always report harassment in writing when possible. File a written complaint with human resources, management, or another appropriate representative. Written reports create a record that clearly shows the employer knew about the harassment. Be sure to keep copies of all reports and correspondence.
  
• File a complaint. Employees who aren’t satisfied with their employer’s response can file a complaint with the California Civil Rights Department (CRD). In most cases, you may need to receive a right-to-sue notice from the CRD before filing a claim.
  
• Hire a sexual harassment attorney. An employment lawyer can review your case, protect you from retaliation, and see that deadlines aren’t missed. This is particularly important if the harassment caused you to lose wages, receive a demotion, or suffer termination.

Why Hire a San Bernardino Sexual Harassment Attorney

California law offers many protections for employees who experience harassment, but seeking legal redress can be a complex process. Filing a successful sexual harassment claim often requires detailed evidence, proper documentation, and an understanding of employment law. Employers have lawyers and insurance adjusters who can work to oppose your claim and limit their liability. You can have an employment lawyer manage the investigative and legal tasks. A San Bernardino sexual harassment lawyer can gather evidence, interview witnesses, calculate your damages, and communicate with your employer on your behalf.

Filing a legal claim can be stressful, but you don’t have to face the process alone. Hiring an attorney allows you to understand sexual harassment laws and to focus on your recovery while your rights are protected.

What to Do If You Face Sexual Harassment in San Bernardino

If you have faced sexual harassment at your place of work, there are several steps you can take to hold your employer accountable. These include the following:

• Collecting evidence. It is important that you document all the comments and/or incidents that pertain to the acts of harassment. These can include all texts, emails, social media messages, voice messages, or phone calls that demonstrate the extent of the harassment.
• Reporting the harassment. You will then need to report the harassment to your employer, either in a written or verbal statement. You must allow your employer the chance to remedy the situation by reporting the incident to the right party. This is usually with an HR department or the employer directly.
• Filing a complaint. If nothing is done about the harassment, you can then file an official legal complaint with the EEOC and California’s Office of the Labor Commissioner.
• Consulting an attorney. You will then want to speak with an experienced sexual harassment attorney. They know how to hold the liable party accountable for the harm you have suffered. Don’t try to face a sexual harassment claim on your own. Instead, allow us to advocate for your rights in San Bernardino.

Recoverable Damages in a San Bernardino Sexual Harassment Claim

Dealing with sexual harassment can cause several disruptions to your daily life. These disruptions are often measurable in monetary losses and expenses. Fortunately, a legal claim can secure compensation for any losses you have suffered. Damages in most San Bernardino sexual harassment claims include:

• Back pay. This can cover all wages, benefits, or salary that were lost due to the harassment you suffered.
• Front pay. A sexual harassment claim can recover all future employment compensation that you might have lost because of the sexual harassment.
• Pain and suffering. This can include any damages you have suffered, such as physical pain, psychological distress, and emotional trauma. These are all non-economic damages that can arise from instances of harassment.
• Medical costs. You can recover compensation for any medical expenses related to the sexual harassment you have sustained.
• Punitive damages. In rare cases, you may be awarded punitive damages, which are intended to punish the wrongdoer for particularly egregious or malicious behaviors.

Speak With a Seasoned California Employment Lawyer Today

At California Employment Counsel, APC, we believe that all individuals who have suffered sexual harassment at work deserve justice and compensation. No one should feel as though they need to endure this treatment to hold onto their job. We feel that everyone in San Bernardino is entitled to a safe and comfortable work environment. Contact our offices today to learn more about our legal services by scheduling your initial consultation with our team.

San Bernardino Employment Law Resources

• What Is Indirect Harassment?
• What Is Not Considered Harassment in California?
• What Makes a Behavior Qualify as Harassment in California?
• What Are the Five D’s to Stop Harassment?
• What Qualifies as a Harassment Charge in California?