Upland Sexual Harassment Attorney

Sexual Harassment Lawyer in Upland, CA

Every employee deserves to feel safe when they clock into work each day in California. Unfortunately, thousands of employees in Upland and other cities throughout California experience sexual harassment at work every day. If you’ve been subjected to the harmful impacts of sexual harassment while at work, do not wait to find a law firm with an experienced Upland sexual harassment attorney who can protect your rights, your career, and your future.

Our Upland Attorneys

Raymond E.Hane III

Our Founding Attorney

Nicholas A.Hane, Esq.

Trial Counsel

Meet Our Team

At California Employment Counsel, APC, we believe work should be a safe space for everyone. That’s why we are dedicated to advocating for the employees who have had their safe spaces compromised. Our team of skilled employment attorneys is devoted to helping you build a strong claim and secure the compensation you’re rightfully owed.

Sexual Harassment Laws in Upland, California

Approximately 66.1% of the population over the age of 16 is a part of Upland’s civilian labor force. Healthcare is the biggest job sector in the city, accounting for about 12.8% of civilian workers, with other top industries including retail, education, manufacturing, and hospitality.

Regardless of which industry you work in, the state of California has implemented strict laws that give you a variety of rights as an employee. For example, businesses with at least five employees are mandated to implement some form of sexual harassment training and policies within their company. These policies are put in place to teach employees how to behave in the workplace and to help protect those who experience violations of their rights.

It’s important to note, however, that employers with even one employee can be held liable for sexual harassment, whether they commit the act themselves or perpetuate an unsafe work environment for those behaviors to thrive. If you are unsure whether your situation qualifies as sexual harassment in Upland, consult an employment lawyer immediately.

Types of Sexual Harassment Recognized in California

Sexual harassment in the workplace is typically divided into two categories in California. Those categories are known as:

1. Hostile Work Environment. Sexual harassment is likely to interfere with an employee’s work performance. Over time, this can create an intimidating or hostile work environment. Even someone who isn’t the direct victim of sexual harassment can experience its impact on the atmosphere in the workplace.
2. Quid Pro Quo. In Latin, quid pro quo means “this for that.” Quid pro quo sexual harassment refers to situations where one party offers some type of work benefit in exchange for sexual favors. For example, a manager may offer a promotion to a lower-level employee if they agree to go on a date with them.

Regardless of which type of sexual harassment you experience, you deserve a chance to recover damages for your losses and hold the offender accountable.

Examples of Workplace Sexual Harassment in Upland

Sexual harassment can take on many forms. Many cases involve a manager or person in power at a company propositioning their subordinate. In other situations, an employee may be harassing another employee at their level. Sometimes, even third parties like partners or external vendors may be the perpetrators of the harassment. Regardless, it’s ultimately the employer’s responsibility to handle these types of sexual harassment claims.

Behaviors that can be considered sexual harassment in a California workplace can include:

• Derogatory comments, jokes, or slurs
• Graphic or sexually suggestive comments
• Leering or other gestures
• Physical touching or assault
• Requesting sexual favors
• Sexually suggestive drawings, objects, or pictures
• Unwanted sexual advances

How to Handle Workplace Sexual Harassment in Upland

Nobody deserves to experience any form of sexual harassment, especially in their place of work. If you’re dealing with sexual harassment in your Upland workplace, do not wait to report it to your employer. Your place of work should have a policy for these types of situations, which can generally be your simplest path toward legal recourse.

You can also file a complaint with the California Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC). You must do this within three years of the last incident you experienced. By reporting to your company and filing with a state or federal agency, you can explore the full scope of damages you may be able to recover and ensure your offender is held responsible.

The EEOC received 88,531 new discrimination charges in fiscal year 2024, which was nearly a 10% increase in claims from the year prior. Moreover, they recovered almost $700 million for victims of employment discrimination across the country. The CRD recovered $116.5 million around the same time for claimants filing in California.

If your claim is accepted for investigation, the CRD or EEOC prepares a formal complaint form for you to sign. They then send this to the party you’re filing against and review their response. These agencies cross-file with each other, so you don’t have to file with both.

The CRD may attempt to resolve a complaint itself or by forwarding the case to their dispute resolution division. If you’re still not satisfied with the resolution, you can file an official case with the San Bernardino Superior Court. It’s important to note that you must file a complaint with the CRD or EEOC before filing a legal case. The CRD often requires that you go through mediation to attempt to resolve your case before filing a case with the court.

What Are the Penalties for Sexual Harassment?

Sexual harassment is a very serious issue in the California legal system. This is because it creates unfair work environments that can oppress employees who are just trying to do their jobs, and because it represents a serious threat to bodily autonomy.

Sexual harassment laws are enforced by courts to protect victims and to dissuade future instances of similar behavior. If the issue occurs within an institution, there may be several punishments levied on management and the company as a whole, including:

• Fines and restitution paid to the victim
• Back pay for lost work, or front pay if a worker is unable to return to their position
• Policy updates, including worker protections, reporting channels, and oversight policies
• Reinstatement to the previous positions that an employee was forced to vacate
• Changes in management or work arrangements to protect employees
• Punitive damages to dissuade future instances of harassment and retaliation
• Payments for pain and suffering, as well as emotional trauma and humiliation
• Release of those who committed or allowed harassment, in some cases

These can be some of the punishments an institution may face. But sometimes punishments can extend beyond the organization that allowed harassment and directly target the person responsible. This goes beyond organizational punishments like being released. If the matter is found to be sexual battery, a person may face fines, prison time, probation, a criminal record, and registration as a sex offender.

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…

Angelina M.

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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What Defenses Are Commonly Used in Sexual Harassment Cases?

Many companies and individuals who are accused of sexual harassment go to great lengths to deny or even cover up their wrongdoings. When you hire a sexual harassment attorney from our firm, we can use our sexual harassment case experience to help you confront and challenge these defenses, so you can pursue accountability.

Common defenses can include:

• Arguing the issue wasn’t major or consistent. While harassment is easier to challenge when it is blatant or recurring, even minor, isolated issues can be covered under sexual harassment laws if they cause trauma for the victim.
• Claiming the matter was done in jest. Some companies maintain that they have a company culture of friendliness and humor, and they try to hide instances of harassment behind this excuse. However, even harassment that is done with comedic or purportedly harmless intent can be challenged and prosecuted. 
• Saying the issue wasn’t reported. Many managers will claim they didn’t know about harassment. Our lawyers can help you prove you reported it, or, if you did not, we can argue that appropriate reporting channels were not available or not effective.
• Alleging that the actions were mutual. A manager or employee can claim that sexual jokes, actions, or gestures were done mutually with consent, but that an employee suddenly claimed they were unwelcome. However, our firm can help you point out the one-sided nature of the issues or show that you requested that they stop.

With our knowledge of sexual harassment laws and cases, we can help you confront these defenses and challenge them using every legal option. While it’s common for companies to try to avoid accountability in high-profile cases like these, we can work diligently to take them to task based on the evidence of the situation. 

Hire a Sexual Harassment Attorney to Evaluate Your Case Today

When you experience sexual harassment at work in Upland, it’s crucial that you understand your rights and how you can hold the offender accountable for their harmful behavior. Working with an experienced Upland sexual harassment lawyer gives you the strongest chance of filing a successful claim, securing damages, and holding harmful parties responsible.

No matter your situation, our team of employment attorneys at California Employment Counsel, APC, is committed to protecting your rights. We know that filing a sexual harassment claim can be daunting, and we are prepared to stand by you as your legal advocate through every step of your case. If you’re ready to take action after experiencing sexual harassment, contact our compassionate lawyers today.

Upland Employment Law Resources

• When Nothing Gets Done After Filing Your Sexual Harassment Complaint
• Who Is at Risk for Workplace Sexual Harassment?
• 9 Steps a Company Must Take After a Sexual Harassment Claim is Made
• Identifying Sexual Harassment in the Workplace
• Sexual harassment is not always obvious