San Diego Sexual Harassment Attorney

Sexual harassment can often be subtle, especially when the offender uses their power and other tactics to make the victim feel like they are overreacting to the discriminatory acts they have experienced. By working with a San Diego sexual harassment attorney, you can better understand federal and state laws related to your claim and bolster your case to protect yourself and your rights.

Our skilled attorneys at California Employment Counsel, APC, are here to guide you and help you better understand what sexual harassment is so you can identify the signs and know what to do if you find yourself in this situation in the workplace.

Sexual harassment is one form of sexual discrimination that people can experience in the workplace and refers to a person or party harassing someone based on their sex. The term can cover a wide range of verbal or physical harassment of a sexual nature. This can include:

• Requests for sexual favors
• Sexual jokes
• Sharing sexual material
• Suggestive speech or actions
• Unwelcome touching or sexual advances

When it comes time to take action against sexual harassment, there are a number of formal and informal steps that are wise to take to ensure you are as prepared as possible if the situation escalates.

Keep clear documentation of the actions taking place that you want to report, as well as proof that you have tried to address the issue with your employer. In some cases, this may involve filing a complaint through your company’s internal department.

If the sexual harassment complaint involves a manager or the owner, and you don’t feel comfortable filing an official complaint with your place of business, it is wise to at least have a record of you addressing the offending behavior and asking for it to stop. This can provide necessary proof to the court that your employer was made aware of the situation and failed to fix it.

Once you’ve done this, you can file a complaint with the California Civil Rights Department (CRD). The CRD, formerly known as the California Department of Fair Employment and Housing (DFEH), is a state agency that exists to protect California residents from unlawful discrimination in businesses, employment, housing, and any state-funded programs.

It’s important to complete this step before pursuing legal action with the court because it can strengthen your case in the long run. Without filing this initial complaint, your employer has the ability to file a motion to dismiss on the grounds that you didn’t follow the correct procedure. Moreover, you must file this initial complaint within three years of the last act of sexual harassment or retaliation.

If your complaint is accepted, they send a signed copy to the person or party you are accusing of discrimination. The CRD investigates to further assess the situation, which includes reviewing key evidence from you, the respondent(s), witnesses, and any other sources.

The CRD uses all this information to determine if a law has been violated and, if so, how to proceed. In some cases, they may refer the case to their Dispute Resolution Division or try to resolve the issue through conciliation. If they determine there is a violation and intend to file a case with the court, they notify both parties and begin the official legal process.

Q: What Damages Can I Recover From a Sexual Harassment Case?

A: There are different types of relief that you can seek depending on the details of the case, including payment for lost wages and lost future earnings, compensatory damages for emotional distress or harm to your reputation, punitive damages, and equitable relief. In many cases, you’ll also be able to recover costs related to the case, including your defense lawyer’s fees and any other litigation expenses.

Q: How Do I File a Sexual Harassment Claim in San Diego?

A: If you report a situation involving sexual harassment, and it isn’t resolved by your workplace, your next step is to file an official complaint with the California Civil Rights Department (CRD). This is a prerequisite for filing a civil case for damages, and without it, your employer may be able to get the case dismissed.

Q: Do I Need to File a Complaint with My Employer Before Filing a Case for Sexual Harassment?

A: In most cases, you must prove that your employer had prior notice of the harassment before you can open a legal case. The easiest way to cover your bases is to file an internal complaint with your place of business.

However, this may not be a viable option if the harassment is coming from your employer. If this is the case, try to gather proof that you’ve tried to address the issue before filing an official case.

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

A: Illegal retaliation refers to any negative action an employer takes against an employee for reporting a sexual harassment claim. This can be anything from cutting an employee’s hours to passing them over for a deserved promotion to even firing them. It can be difficult to prove that an employer’s decision was based on this form of discrimination, which is why it can be helpful to work with a San Diego sexual harassment lawyer.

If you’re the victim of sexual harassment in the workplace, and your employer has failed to handle the issue internally, contact a San Diego sexual harassment attorney. Meeting with a knowledgeable defense lawyer can help you understand your rights in the workplace and protect yourself from discrimination of any type.

Our team at California Employment Counsel, APC, has hands-on experience helping our clients who have faced mistreatment in the workplace, prioritizing cases involving sexual harassment, discrimination, and wage violations. We lead with empathy and can provide a thorough, strategic defense that is personally tailored to your situation.

Contact our office to set up a consultation today, and our skilled attorneys can evaluate your case and help you recover the compensation you deserve.