Orange County Sexual Harassment Lawyer

California Law Protects Employees Against Sexual Harassment At Work

It may be difficult to believe, but sexual harassment remains a significant problem in the 21st century workplace. A recent study of over 2,000 full-time and part-time women employees found that one-third of women had experienced sexual harassment at some point in their working lives. Sexual harassment isn’t limited to women, however, all genders can be victims.

What Are the Three Types of Harassment?

There are three main categories of sexual harassment, and actions generally fall into one of the three. In some severe cases, a harasser can perpetrate harassment against their victim in more forms than one. The three main types of harassment are:

• Physical
• Verbal
• Visual

These categories are very broad, but they generally sum up how harassment can occur. Any form of sexual harassment can create a hostile work environment.

Examples of Sexual Harassment in Orange County, California

There are many examples of how sexual harassment can appear in the workplace within those three categories. Sexual harassment comes in many forms and isn’t always about sex. It can be about a person’s gender, sexual orientation, or sexual identity. Some common examples include:

• Unwanted touching
• Sexual slurs
• Jokes
• Comments
• Displaying inappropriate pictures or other materials
• Persistent leering or suggestive gestures
• Sending unwanted sexual emails or text messages.

This is not an exhaustive list, as each situation is different. However, it is essential to remember that sexual harassment is never okay and should not be tolerated. Regardless of the actual conduct, sexual harassment is always a corrosive factor in the workplace and can take a severe mental and emotional toll on victims.

Thankfully, California law gives employees powerful tools to fight against sexual harassment. However, if you are experienceing sexual harassment at work, you should take some important steps , including reporting the harassment and documenting it in writing.

Determine the Type of Sexual Harassment

You must determine which kind of sexual harassment is happening to you. There are two distinct categories of sexual harassment, and it is important to understand what is happening to you to properly build your case. We have outlined the types of sexual harassment below.

TYPES OF SEXUAL HARASSMENT

(QUID PRO QUO VS. HOSTILE WORK ENVIRONMENT)

The law generally recognizes two different types or categories of sexual harassment. The first is called “quid pro quo,” which is Latin and translates as “this for that.” In quid pro quo sexual harassment, an employment benefit, such as a promotion, a raise, or the job itself, is conditioned on the employee’s acceptance of a supervisor’s harassing conduct—sexual advances, for example.

The other commonly recognized form of sexual harassment is called “hostile work environment” sexual harassment. In a hostile work environment case, a supervisor’s or coworker’s harassing conduct is so severe or pervasive that it creates a hostile work environment for the victim. You don’t have to be the direct target of harassing conduct to file a hostile work environment claim. All the law requires is that the employee prove that he or she is the victim of a hostile work environment. Thus, a woman who witnesses her coworker being propositioned and groped would, for example, have a claim for hostile work environment sexual harassment.

WHAT IS A HOSTILE WORK ENVIRONMENT?

The term “hostile” has the connotation of something that is physically menacing. However, hostile work environments are not always this way. A hostile work environment is one that makes it uncomfortable or difficult to do your job.

For example, if your coworker makes sexually explicit comments to you every time she walks past your desk, it may be challenging to focus on your daily tasks. Knowing that she may come by at any moment and say something degrading makes it hard to concentrate. This is a hostile work environment.

Another example of a hostile work environment can occur in a quid-pro-quo scenario. Let’s say that you are up for a new promotion, but your boss demands sexual favors from you weekly to earn the job. This would make it difficult to do your work well, knowing that your employment and new job hinge on unwanted sexual advances. This creates a hostile work environment where it is difficult and uncomfortable to do your work.

WHO CAN BE HELD ACCOUNTABLE FOR SEXUAL HARASSMENT?

It can be intimidating to approach a sexual harassment situation if you don’t know what the outcome could be. Many people want to understand who could be held accountable if they win their case. There is no single answer to this, as it depends on several factors. However, there are some basic questions you can ask to get a good idea of who might be responsible:

Who Is Doing the Sexual Harassing? (Supervisor Versus Coworker)

In Orange County, if the harassment is by a supervisor, the employer will be held strictly liable. In other words, if the employee can prove 1) that unlawful harassment occurred and 2) that it was by a supervisor, the employer will have no defense to liability.

On the other hand, if the harasser is a coworker, the employer will be liable only if a supervisor knew or should have known of the harassment and failed to take corrective action. Thus, for example, if you tell your boss that your coworker is sexually harassing you, but your boss neither speaks with your coworker nor punishes them, your employer is liable for the harassment.

An employer can also be liable for harassment by a customer or another person the employee comes into contact with as part of the job if the employer knew or should have known about the harassment. This includes individuals such as:

• Vendors
• Suppliers
• Contractors
• Consultants
• Guests/customers
• Maintenance staff

It is essential to your safety to remember that not all perpetrators of sexual harassment need to be employed at your place of work for you to seek justice. Your company is responsible for keeping you safe while you are working.

HOW DO YOU WIN A HARASSMENT LAWSUIT CASE?

Because the legal standard in Orange County for hostile work environment sexual harassment is severe OR pervasive, even a single instance of harassment can be enough if it is SEVERE enough. In contrast, less severe conduct is actionable if it is PERVASIVE enough.

Evidence of Workplace Sexual Harassment Behavior

You also have to provide evidence of the behavior and show that it was based on a protected characteristic. For example, in the case of sexual harassment, it is vital to show the harassment or discrimination was due to your gender, sexuality, sexual identity, etc., or that the harassment was sexual or suggestive.

Evidence That the Harassment Was Unwanted

Additionally, you have to show that the action was unwanted. This is easy to do if you have emails or text messages between yourself and the perpetrator or yourself and your boss showing that the behavior made you uncomfortable. If the action is not virtual, note down any times you asked the perpetrator to stop or went to a supervisor for help. Write down the date, what happened, and what you said.

Talk to a Sexual Harassment Lawyer if You’ve Been Sexually Harassed in Orange County, CA

If you are part of a sexual harassment case, you should seek legal help from an Orange County sexual harassment lawyer. Your attorney will be able to tell you how to proceed with your case and assemble the proper evidence. These cases can seem complicated and intimidating, but the right family law attorney can help ease any stress and anxiety you might have.

WHAT DAMAGES CAN I RECOVER IF I’M THE VICTIM OF SEXUAL HARASSMENT?

Successful plaintiffs can recover lost wages, compensation of other economic losses, emotional distress damages, interest, and attorney fees. Punitive damages, which are designed to punish and deter other employers from engaging in similar conduct, can be awarded in cases where the employer’s officers, directors, or managing agents knew of the harassment.

HOW MUCH DOES A HARASSMENT CASE COST?

It is difficult to give a single estimate of the potential costs in a sexual abuse or harassment case. Costs will depend on individual attorney fees, how long the case lasts, who wins, the settlement amount, and any unintended results of a trial or publicity.

It is always best to discuss costs with potential attorneys before you decide to work with them. They will be able to give you a better idea of their rates, the likelihood of winning the case based on the evidence, and potential costs you may encounter.

Your attorney will also be able to determine what size settlement you may be able to earn. In all cases, speak with your attorney at length about costs and finances before beginning.

HOW LONG DO I HAVE TO FILE A SEXUAL HARASSMENT CHARGE?

For many years, the statute of limitations for sexual harassment cases was one year. However, the California government now recognizes that it is not always simple nor straightforward to report sexual harassment in the workplace. Many people fear for their employment, are intimidated or threatened by the behavior, or believe that their workplace will treat them differently if they come forward. For this reason, the statute of limitations is now three years, meaning you have that much time to file your claim.

However, your case has a better chance if you come forward sooner rather than later. When evidence is fresh and readily available, your attorney can create a more convincing argument. Witnesses or bystanders are likely to forget details when more time goes by, and perpetrators have extra time to create a defense. Though it is difficult, if you can report the behavior when it happens, you are more likely to win your case. You may also prevent the perpetrator from harming others as well.

Retaliation

You cannot be punished for reporting sexual harassment. It is against California and U.S. federal laws for your employer or coworkers to punish you for seeking justice. This means that you cannot be fired for reporting your story, nor can you be excluded from essential meetings, memos, information, or promotion opportunities because of what happened.

Though these laws cannot force your coworkers to invite you to happy hour or other social events, it does ensure that you are protected against work-related discrimination following your suit. Many people find this to be a comfort, giving them the security and confidence they need to come forward with their stories.

WHAT TO LOOK FOR IN A SEXUAL HARASSMENT ATTORNEY IN ORANGE COUNTY, CA

In all legal scenarios, it is essential that you find an attorney that you trust. This is especially true during a sexual harassment case. Your attorney will need to know about the details of your case and may ask you intimate questions about the harassment you have experienced. Similarly, they will need to be privy to any evidence you have, such as photos, emails, texts, conversations, etc.

Though you have nothing to be ashamed of, many people feel embarrassed about what has happened to them. It can sometimes be easier to seek an attorney of the same gender. Some people feel more comfortable talking about sexual harassment with people who have similar life experiences. No matter who you choose, be sure that you feel as though you can talk freely with them.

It is also essential to look for an attorney with extensive experience in sexual harassment cases. These cases are complicated and can get messy. Find an attorney who has experience with these cases and has a good track record fighting them. If you are going to go through the process of seeking justice, it is worth it to find someone who can accurately fight for you.

FAQS ABOUT ORANGE COUNTY, CALIFORNIA SEXUAL HARASSMENT LAWS

Facing sexual harassment is one of the most difficult predicaments an individual can encounter in the workplace. Sadly, recent research shows that 58% of working women report being sexually harassed at work. Yet, in many cases, this conduct goes unreported due to concern about making the situation worse or suffering retaliation in the form of wrongful termination. Not only does experiencing sexual harassment take a significant toll on the emotional and psychological well-being of the victim, but it can also have a dire effect on the entire team. When workers are constantly in fear of harassment, it becomes impossible to maintain a healthy, collaborative, and productive work environment.

If you are currently facing sexual harassment while at work, then it’s likely that you have questions about sexual harassment laws and how they apply to your case. These situations can be confusing and often overwhelming to navigate, so it is essential to learn as much as possible about your rights and your options for legal recourse. Consult the following information for answers to the most frequently asked questions about sexual harassment in California.

Consulting with a sexual harassment attorney is always recommended if you feel that your employer or colleague is harassing you, but you can streamline the process of filing a sexual harassment claim by first reviewing the answers below.

What Is Sexual Harassment?

To start, you might be wondering what truly qualifies as sexual harassment in the workplace. At what point should you speak to your employer about the issue, and when is it acceptable to pursue legal action against the harasser or employer?

Simply put, sexual harassment is any unwelcome conduct of a sexual nature. Someone may commit sexual harassment by making sexual advances or requesting sexual favors as a prerequisite of employment or making it clear that accepting such conduct is necessary to receive a promotion (quid pro quo). A basic example would be if a supervisor refuses to give their subordinate a raise unless that subordinate goes on a date with them. This would be considered sexual harassment and is grounds for legal action.

Aside from explicitly asking for sexual favors, it is also possible for sexually unwanted conduct to occur during an employee’s standard work duties. In these cases, pervasive and severe conduct can result in the creation of a hostile work environment, which makes workers uncomfortable and prevents them from concentrating on their duties. When the harassment is especially severe, however, it is possible for even a single incident to cause a hostile work environment.

Determining whether a work environment is hostile involves considering these variables:

• The pervasiveness and/or frequency of the unwanted sexual conduct
• Whether the conduct was physical or verbal
• Whether the unwanted conduct was patently offensive or hostile
• Whether the harasser was a supervisor or a coworker of the victim

Regardless of whether the victim directly asks the harasser to stop their unwanted behavior, this conduct can still constitute sexual harassment. While cisgender women are most often the targets of such harassment, this is not always the case. It is possible for workers of any sex, gender identity, or sexual orientation to experience workplace sexual harassment, and all workers have the right to file a claim or pursue legal action against their harasser.

What Kinds of Behavior Are Considered Sexual Harassment?

There are many forms that sexual harassment or sexually unwelcome conduct in the workplace can take. The primary categories of sexual harassment are as follows:

• Verbal Sexual Harassment – This type of sexual harassment includes making sexual jokes, epithets, or comments, name-calling, using sex-based slurs, sending sexual emails or other messages, asking sexual questions, inquiring about a worker’s sexual preferences or history, and repeatedly asking a coworker for a date, despite numerous rejections to these requests.
• Physical Sexual Harassment – Although the level of severity can vary, physical sexual harassment often takes the form of inappropriately pinching or grabbing a worker, intentionally brushing up against them, and any other type of unwelcome touching of the body, hair, or clothing. This type of harassment also includes displaying intimidating gestures or impeding upon someone’s ability to move or perform normal work. In the most severe cases, it can escalate to sexual assault.
• Visual Sexual Harassment – Even if the harasser is not making direct contact with the victim (whether that contact is verbal or physical), it is still possible for sexual harassment to occur. Persistently leering or staring, making lewd or suggestive gestures, sending sexual images or videos to a worker, exposing them to offensive pictures, and putting up sexually suggestive signs or posters would be considered harassment.

Are you unsure about whether a particular behavior is considered sexual harassment? If so, it’s important that you reach out to a California sexual harassment attorney as soon as possible.

What Is Prohibited Retaliation?

Even though it is within a worker’s rights to report sexual harassment in the workplace, they may experience unfair consequences after doing so. If an individual either reports an instance of sexual harassment in good faith or participates in an investigation related to sexual harassment, they should not be faced with mistreatment or punishment by their employer. When this occurs, it is known as prohibited retaliation. Common examples of such retaliation include:

• Issuing a negative performance review to the victim or someone who has aided in the investigation
• Ignoring the victim of sexual harassment
• Gossiping about the victim or whoever has aided in the investigation
• Providing less desirable work projects or assignments to the victim or those involved in an investigation
• Sabotaging materials or tools used to perform work responsibilities

Even if you have already filed a sexual harassment complaint, it is also possible to file a separate complaint about prohibited retaliation. If you believe that your employer is retaliating against you for reporting workplace sexual harassment, get in contact with a CA sexual harassment lawyer for guidance.

What Should I Do If I’m Being Sexual Harassed in the Workplace?

If you are currently experiencing sexual harassment, take the following steps:

1. Keep Extensive Documentation.This is applicable to any form of sexual harassment you may face in the workplace. Even before you’ve accepted a job offer, it’s important to keep a record of any harassment you’ve encountered. For instance, in some quid pro quo scenarios, you may be offered a job only if you adhere to the harasser’s unwelcome demands. If you find yourself in this situation, or if you are forced to work in a hostile environment, create a detailed record of what occurred, including the date and location of the incident and the names of any witnesses. Keep this record in a safe location. It generally isn’t a good idea to store this information on a work computer or anywhere else that your employer has access to.
2. Save and Compile Evidence.Sometimes, workplace sexual harassment will come in the form of texts, emails, or other savable documents. If you receive such messages, then under no circumstances should you delete or otherwise dispose of these messages – they are some of the most valuable pieces of evidence you could have on hand and can play a significant role in supporting your claim. Although it can be tempting to delete messages that make you feel uncomfortable or unsafe, it’s ultimately in your best interest to save whatever you can.
3. Report the Sexual Harassment.Before you can pursue legal action against your employer or harasser, you’ll need to report the situation. Remember to review your company’s sexual harassment policy to ensure that you are filing the report correctly and to the correct person. If your employer is the person harassing you, it should be possible to find alternate parties to file the report with. Rather than issuing only a verbal report, it’s a good idea to make sure you’ve provided something in writing, as well. Once you’ve filed this report, your employer will be given an opportunity to correct the situation before you take legal action.
4. File a Complaint with the Equal Employment Opportunity Commission.If your employer refuses to fix the situation, then the next course of action would be to file an official complaint with the Equal Employment Opportunity Commission (EEOC). If you decide to file a complaint, keep in mind that you are protected against retaliation from your employer. If your employer attempts to terminate, demote, or otherwise punish you for filing this complaint, you can report this retaliation, and your employer can be held liable for the damages you sustain.
5. Contact a Reputable Employment Lawyer.At this stage, it’s time to get in contact with an employment or sexual harassment lawyer. An attorney who specializes in these cases has the knowledge and experience to ensure that you have the strongest possible case. Unfortunately, without the right documentation and legal representation, it may come down to your word against your harasser’s word. Your attorney can protect your rights, gather evidence to strengthen your harassment claim, and advocate on your behalf throughout the process.

Do Not Tolerate Sexual Harassment – Take Legal Action Now

Federal and state laws protect California workers from sexual harassment and provide options for taking legal recourse when such conduct occurs. If you’re facing sexual harassment in the workplace, contact the Law Offices of Corbett H. Williams immediately. Our firm is dedicated to protecting the rights of Orange County employees facing sexual harassment. We fight to ensure employees aren’t forced to tolerate unwelcome sexual conduct in the workplace. Contact us today to schedule a consultation, and learn more about how we can help give you the justice and peace of mind you deserve.