Best Workplace HARASSMENT Lawyers in California
If you have been a victim of harassment by an employer or colleague, the experienced workplace harassment lawyers at Stalwart Law can help you to construct a strong case for compensation.
What is classified as workplace harassment in California?
In California, workplace harassment is governed by the Fair Employment and Housing Act (FEHA). Under this act, harassment based on protected characteristics, including race, color, national origin, religion, sex (including pregnancy, childbirth, and related medical conditions), disability, age (40 and older), genetic information, marital status, sexual orientation, gender identity, gender expression, or military or veteran status, is prohibited.
Workplace harassment is defined as any unwelcome conduct based on defined protected characteristics that is severe or pervasive enough to create a hostile, intimidating, or offensive work environment or when it leads to an adverse employment decision (like the victim being fired or demoted).
The law applies to employers, labor organizations, employment agencies, apprenticeship programs, state licensing boards, and any of their agents. It is illegal for these entities to harass an employee, applicant, unpaid intern, or person providing services under a contract.
Under California law, both the employer and the individual harasser can be held legally responsible for harassment. The employer can be held responsible when a supervisor’s harassment results in a tangible employment action, or when the employer knew or should have known about the harassment by a co-worker and failed to take immediate and appropriate corrective action.
Employers are also required by California law to take reasonable steps to prevent and promptly correct workplace harassment, such as implementing a written policy against harassment, providing training to all employees, and establishing a complaint process that ensures confidentiality to the extent possible, a timely response, and timely and appropriate remedial action when harassment is determined to have occurred.
How to file a claim for workplace harassment in California
If you believe you have been a victim of workplace harassment in California, you should take the following steps:
Document the Harassment: Start by keeping a detailed record of each incident of harassment, including the date, time, location, people involved, what was said or done, and any witnesses. Also keep any related documents, emails, or texts.
Report the Harassment to Your Employer: Check your employer’s harassment policy for the correct procedure, which usually involves reporting the harassment to your supervisor, Human Resources department, or another designated person or office. Make the report in writing and keep a copy for your records.
Consult a specialist Workplace Harassment Attorney: If your employer does not respond appropriately, or if the harassment continues, consult with an attorney who specializes in employment law. Our team of attorneys can help you understand your rights and the best course of action.
Remember that there are time limits for filing a workplace harassment lawsuit. In general, you have one year from the last act of harassment to file a complaint and one year from the date of the right-to-sue notice to file a lawsuit. These deadlines can be extended under certain circumstances, and the Employment lawyers at Stalwart Law can advise you on the time limits that apply to your case.
How to prove workplace harassment in California
Proving workplace harassment in California involves several steps and can be complex.
A specialist workplace harassment attorney can help you gather evidence, understand your rights, and represent you in interactions with your employer, the DFEH, or in a lawsuit.
Some of the steps you need to take include the following:
You should keep a detailed record of each incident of harassment, including the date, time, location, people involved, what was said or done, and any witnesses. Also keep any related documents, emails, or texts.
You’ll need to demonstrate that the harassment was due to your membership in a protected category, such as race, sex, age, disability, etc. This could be established through the harasser’s comments or actions, or through evidence that individuals outside your protected category were treated differently.
To be considered illegal under California law, the harassment must be severe (very serious) or pervasive (occurring frequently). The impact of the harassment on you and your work environment is also considered. Courts look at the totality of the circumstances, including the nature of the conduct, how often and over what period of time it occurred, and the context in which it occurred. You’ll need to show how this harassment affected your quality of life, mental health or ability to do your job.
How we can help
The legal team at Stalwart Law are experts in Workplace Harassment cases and can help you to construct a strong case with indisputable evidence to maximise your chances of being awarded compensation.
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Dr. Steven Heimberg was voted the #1 Medical Malpractice lawyer in the US for 6 years. He earned this award by consistently securing some of the largest Medical Malpractice settlements and verdicts in Californian history.
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Dr. Heimberg and our whole team is by your side every step of the way to help you win your medical malpractice claim and receive the compensation you deserve.
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To get to our office from downtown Los Angeles we recommend the following methods.
Subway -The journey time between downtown Los Angeles and Hollywood is roughly 18 min. It’s operated by Metro Los Angeles, the Los Angeles to Hollywood subway service departs from Civic Center / Grand Park Station and arrives in Hollywood / Vine Station. Normally 524 subways run weekly.
Taxi -The journey time between downtown Los Angeles and Hollywood is roughly 8 min, depending on traffic, and depending on pickup location, is roughly 6.5 miles. Some of the taxi companies in the area are United Taxi, LA City Cab and Rosie Taxi Cab.
Bus -The journey time between downtown Los Angeles and Hollywood is roughly 30 min. It’s operated by Metro Los Angeles, the Los Angeles to Hollywood service departs from Broadway / 1st and arrives in Santa Monica / Bronson. Normally the bus runs run daily.
Car – Driving time from downtown Los Angeles to Hollywood is roughly 10 minutes depending on traffic. On average, parking lots and garages charge $1.00 per hour and $6.00 per day. On street parking costs $1.00 per hour.