BEST WORKPLACE SEXUAL HARASSMENT LAWYERS IN CALIFORNIA

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Have You Faced Sexual Harassment at Work? Stalwart’s Workplace Harassment Lawyers Will Help You Secure Compensation and Justice

Sexual harassment at work is not just inappropriate, it’s illegal. At Stalwart Law Group, we fight tirelessly to hold harassers and negligent employers accountable. Our sexual harassment lawyers are known for their aggressive advocacy, careful case preparation, and dedication to protecting employee rights in California.

When you choose to work with the sexual harassment lawyers at Stalwart, you’ll have a partner who understands the emotional toll that sexual harassment takes on your personal and professional life. For every case, we do everything in our power to protect survivors by securing financial compensation, restoring dignity, and delivering justice.

If you believe you have a case, contact our legal team as soon as you can. We’ll help you determine if you have grounds for a sexual harassment lawsuit and help you prepare for a case.

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What is sexual harassment in the workplace?

Workplace sexual harassment refers to any unwelcome sexual advances, requests for sexual favors, or other verbal, visual, or physical conduct of a sexual nature. In California, sexual harassment in the workplace is prohibited under the Fair Employment and Housing Act (FEHA). Even a single severe incident of the conduct outlined in FEMA can qualify as sexual harassment and lay the foundation for a lawsuit.

Contrary to what some might think, sexual harassment is not always motivated by sexual desire, according to California code. Sexual harassment also includes any harassment based on gender, pregnancy, childbirth, or related medical conditions (Gov. Code, § 12940, subd. (j)). If you’re experiencing this kind of harassment at work, you may have grounds for a sexual harassment lawsuit.

There are 2 types of workplace sexual harassment:

Quid pro quo harassment: This occurs when a person’s employment or work-related benefits are made contingent upon their submission to unwelcome sexual advances, requests for sexual favors, or other sexual conduct. This usually takes the form of someone’s boss, supervisor, or other person in a position of power demanding sexual favors in return for certain employment conditions or opportunities.
Hostile work environment: This occurs when unwelcome sexual comments, jokes, gestures, or other sexual behavior create an offensive or intimidating atmosphere for the victim. Perpetrators of this type of workplace harassment are not just higher-ups, but they can be co-workers, subordinates, and even non-employees like clients or consultants.

It’s important to note that men, women, and non-binary individuals can be victims of sexual harassment, and conversely, that someone can be guilty of sexual harassment regardless of their gender identity. California has laws and policies in place to address and prevent workplace sexual harassment, and employers are expected to take measures to create a safe and respectful work environment. If your employer fails to follow these rules, they can be held partly liable for the harassment.

Examples of Racial Harassment in the Workplace

Sexual harassment at work can take many forms. These forms can be overt, such as blatant sexual remarks or actions, as well as subtle suggestions and comments. Some common examples of workplace sexual harassment are:

Unwanted sexual advances, such as inappropriate touching, groping, or hugging.
Sexual comments, jokes, or innuendos that create a hostile environment.
Displaying sexually suggestive images or objects in the workplace.
Making explicit or implicit threats or promises in exchange for sexual favors.
Spreading rumors or engaging in gossip of a sexual nature about an individual.
Repeatedly sending unwanted sexual emails, messages, or texts.
Exposing an individual to pornography or explicit materials without their consent.

According to the California Civil Rights Department, the inappropriate conduct must be severe or pervasive to be unlawful and constitute sexual harassment, but a single act can be severe enough to be unlawful.

If you’ve experienced any of these behaviors, or something similar, you may have a valid claim for sexual harassment under California law. If repeated behavior is causing you problems at work, or you had an experience that feels wrong, Stalwart wants you to know that you have certain protections. Speaking with a lawyer can help you understand the legality of your experience and provide emotional and legal support.

How to File a Workplace Sexual Harassment Claim in California

If you experience sexual harassment in the workplace in California, you have the right to take legal action. An experienced sexual harassment lawyer can provide guidance on your rights, the legal process, and help you navigate your claim effectively.

The general procedure for filing sexual harassment complaints is as follows:

1. Documentation

Keep a detailed record of all incidents of sexual harassment, including dates, times, locations, descriptions of what occurred, and any witnesses present. This documentation will be essential later in the process.

2. Review Employee Policies

Familiarize yourself with your company’s policies regarding sexual harassment. Check if they have a specific procedure for reporting incidents and follow those guidelines if they exist.

3. Filing a Complaint with your Employer

If your employer has a designated procedure, follow it to file a formal complaint. Provide a written account of the incidents, along with any supporting documentation. Make sure to keep copies of all documents for your records.

4. Filing a Complaint with the CRD or EEOC

If you are not satisfied with your employer’s response or if they fail to address the issue, you can file a complaint with the California Civil Rights Department (CRD) or the federal Equal Employment Opportunity Commission (EEOC). Our lawyers are very familiar with these government agencies and will help you file your complaint.

5. Investigation and Mediation

Once you file a complaint, the appropriate agency may initiate an investigation and interview you, your employer, and any witnesses, during which you will provide any additional evidence or information that supports your claim. In some cases, the agency may offer mediation as an alternative to a formal investigation. This process involves a neutral mediator facilitating a discussion between you and your employer to reach a resolution. If mediation fails or is not an option, the agency may proceed with the investigation.

6. Obtain a Right-to-Sue Letter

If the investigation concludes and the agency determines that there is reasonable cause to believe sexual harassment occurred, they will issue you a right-to-sue letter. This letter grants you the right to file a lawsuit against your employer.

7. File a Lawsuit

If you decide to pursue legal action, you must file a lawsuit within a specific time frame (generally within one year of receiving the right-to-sue letter). The attorneys at Stalwart will offer legal advice about your sexual harassment claim and help you file and win your case.

More information on filing a complaint can be found on the CRD’s website and the EEOC’s website.

How to Prove Sexual Harassment in the Workplace

Proving sexual harassment in the workplace can be challenging, as it often involves subjective experiences and private interactions. However, there are several steps you can take to build a strong case. Our attorneys will guide you through the necessary steps to ensure your evidence is compelling and admissible.

Gather Witness Testimony

If there were witnesses to the harassment or if others have experienced similar behavior, ask them if they are willing to provide a statement or testify on your behalf. Their testimonies can strengthen your case.

Document Health Impacts

If the harassment has affected your physical or mental health, seek medical or counseling support. Keep records of any medical treatments, therapy sessions, or prescriptions related to the harassment. These records can help establish the emotional distress caused by the harassment.

Identify Patterns of Behavior

If there are other individuals who have experienced similar harassment by the same perpetrator or in the same work environment, their accounts can be valuable in demonstrating a pattern of behavior or a hostile work environment.

Preserve Written or Digital Evidence

Save any inappropriate text messages, emails, texts, or voicemails related to the harassment. These are powerful forms of evidence that can legally establish sexual harassment.

Record Retaliation

If you experienced retaliation after reporting the harassment to your employer or HR team, document these instances. Providing evidence of any adverse actions taken against you, such as demotions, transfers, or negative evaluations, can strengthen your claim and demonstrate the seriousness of the harassment.

Consult Expert Witnesses

Expert witnesses, such as psychologists or human resources professionals, can strengthen your claim by providing their professional opinion on the impact of the harassment and the employer’s handling of the situation. Your sexual harassment attorney will help you recruit these individuals.

Schedule a free consultation with a Los Angeles Sexual Harassment lawyer

If you’ve suffered sexual harassment in the workplace, you deserve strong and compassionate legal protection. Our lawyers have extensive experience representing employees who have faced harassment in the workplace and will help you through every step of your claim.