No employee should ever have to dread going to work because of harassing behavior. If you find yourself with a knot in your stomach when you approach your workplace, you need to ask yourself why you feel that way.
Maybe it is because you are ready for a career change or some other reason. However, if you are stressing out about work because of workplace harassment, we can help.
At Elite Employment Law, we are not just an employment law attorney; we are a passionate advocate for employees. Our entire practice is devoted to protecting employees’ rights and seeking justice when they have been wronged.
If you are ready to reclaim your peace of mind and file a harassment claim, reach out to us today. Our Orange County employment law attorney will schedule a complimentary consultation to listen to your story, answer your questions, and help you determine your next best steps.
How Our Orange County Harassment Attorneys Can Help You
Our experienced Orange County harassment attorney focuses on employees’ rights in the workplace. That is all we do – work to protect employees and seek justice when they have been wronged. Our skilled workplace harassment attorney will evaluate your case, explain your legal rights, and tailor a legal strategy for your unique situation.
We will guide you through the process of filing a complaint with your employer and will represent you in negotiations with your employer. If we can not negotiate a fair settlement, we will file a lawsuit on your behalf and help you seek compensation for the damages you have suffered.
Understanding Workplace Harassment in California
Workplace harassment is more than just an unpleasant experience – it is a violation of your rights as an employee. In California, the Fair Employment and Housing Act (FEHA) provides protections against harassment based on protected characteristics, including:
Race
Racial harassment is common in work environments. If you are being mistreated due to your skin color, ancestry, or due to physical characteristics associated with certain ethnic groups, you may have grounds for a legal claim.
Gender
Gender harassment occurs when you are harassed specifically because of the sex you were assigned at birth. For instance, if you are a woman working in a C-Suite of male office executives, and have been told you cannot handle leadership roles because you are “too emotional”, you might be experiencing gender harassment.
Age
Being harassed because you are younger or older than other employees in your company is considered a type of discrimination. If your employer fails to take action to stop or prevent future harassment, you may need to make a complaint against both the harasser as well as your supervisor if they fail to handle your complaint appropriately.
Religion
Your personal spiritual practices and beliefs are sacred. If colleagues, supervisors, or other employees in your work environment are harassing you because of your observance of religious holidays or your affiliation with a certain religion, there may be an opportunity for you to file a religious discrimination complaint with the Equal Employment Opportunity Commission (EEOC).
Disability
Employers are expected to make accommodations for individuals who have medical conditions that limit their abilities. If you are harassed because of these impairments, your employer may be held accountable.
National Origin
No matter where your ancestors were born, you are protected by state and federal employment laws. If your coworkers or employer discriminates against you or makes hurtful comments about your country of national origin, our firm may be able to help you hold them accountable.
Sexual Orientation
Your romantic, sexual, or emotional attractions should not be a topic of conversation at work. If you are being harassed after your colleagues discovered you were asexual, bisexual, heterosexual, homosexual, or a member of the LGBTQIA+ community, filing a complaint may help you get the justice you deserve.
Gender Identity
The gender you were assigned at birth may not align with your internal sense of self. Whether you identify as non-binary, transgender, or gender fluid, your colleagues and employers are expected to be respectful and remain in compliance with state and federal anti-harassment laws.
Harassment can take many forms, from overt discrimination to subtle microaggressions. It’s important to recognize that both sexual and non-sexual harassment are illegal under California law.
What Constitutes a Hostile Work Environment?
Not every unpleasant interaction at work qualifies as harassment. To be considered a hostile work environment, the behavior must be:
- Severe or pervasive
- Unwelcome
- Based on a protected characteristic
- Disruptive to your work performance
Examples of behavior that may create a hostile work environment include:
- Offensive jokes or slurs
- Unwanted touching or physical contact
- Intimidation or threats
- Displaying offensive images or symbols
- Sabotaging your work
Steps to Take if You’re Experiencing Workplace Harassment in Orange County
If you believe you are being harassed at work in southern California, be proactive and take action to protect yourself and your rights.
One of the most important steps you can take is to document everything. Keep detailed records of each incident of harassment, including the date, time, location, and any witnesses.
You should also report the harassment according to your company’s procedures. Typically, you would report through your supervisor or Human Resources. It is important to familiarize yourself with your company’s policies against harassment and with California’s employment laws. Knowledge is power.
Workplace harassment can take a heavy toll on your well-being. Seek the support of trusted colleagues and friends, or seek professional counseling if needed. Finally, consult with an experienced workplace harassment attorney. Contact Elite Employment Law to schedule a free confidential consultation to discuss your situation and understand your options.
Protecting Against Retaliation
It is important to know that California law prohibits employers from retaliating against employees who report harassment. If you have faced negative consequences for speaking up about harassment, such as demotion, pay cuts, or termination, you may have additional legal claims against your employer.
Is Your Employer Liable?
Employers are frequently found liable for the actions of their agents, supervisors, and employees. Failure to prevent harassment from occurring could also leave your employer open to liability per California Government Code § 12940 (k), as described below:
“§12940 (k) For an employer, labor organization, employment agency, apprenticeship training program, or any training program leading to employment, to fail to take all reasonable steps necessary to prevent discrimination and harassment from occurring.”
Even if your employer has policies in place that prohibit workplace harassment or did not personally know that you were experiencing harassing conduct, under California Government Code § 12940 (j) (1), they are still strictly liable for the harassment committed by company supervisors or agents. The language of the statute reads as follows:
Ҥ12490 (j) (1) For an employer, labor organization, employment agency, apprenticeship training program or any training program leading to employment, or any other person, because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, reproductive health decision making, or veteran or military status, to harass an employee, an applicant, an unpaid intern or volunteer, or a person providing services pursuant to a contract.
Harassment of an employee, an applicant, an unpaid intern or volunteer, or a person providing services pursuant to a contract by an employee, other than an agent or supervisor, shall be unlawful if the entity, or its agents or supervisors, knows or should have known of this conduct and fails to take immediate and appropriate corrective action.
An employer may also be responsible for the acts of nonemployees, with respect to harassment of employees, applicants, unpaid interns or volunteers, or persons providing services pursuant to a contract in the workplace, if the employer, or its agents or supervisors, knows or should have known of the conduct and fails to take immediate and appropriate corrective action.”
How Can You Prove Workplace Harassment in Orange County?
To prove workplace harassment, we must introduce compelling evidence. The burden of proof in these types of claims is based on a preponderance of the evidence according to the California Jury Instructions Resource Center’s Civil Plain English Comparison under BAJI 2.60. This means evidence must be clear, and convincing, and show the jury that another reasonable person would also find the defendant liable. Some examples of evidence that could be especially powerful include:
- A detailed account of the incident of harassment.
- Documentation of complaints you made to supervisors or human resources (HR).
- Email, direct message, and text message exchanges.
- Photos of offensive gestures or materials.
- Voice or video recordings.
- Witness statements to corroborate your version of events.
What Types of Recoverable Damages Can I Receive?
You have the right to be repaid in full for every single way your life has been affected by the harassment you experienced at work. The compensation you are entitled to can include a combination of both economic and non-economic damages. Some examples of recoverable damages in Orange County workplace harassment claims include:
- Emotional distress
- Loss of income
- Double back pay
- Attorney’s fees
- Reduced earning capacity
- Damage to your reputation
- Mental anguish
- Pain and suffering
- Medical expenses
It is also possible that punitive, or exemplary damages could apply as described under California Civil Code Section 3294. However, punitive relief is generally only issued by the judge if the defendant has a history of harassment, intentionally failed to prevent the harassment, or the incident in question is particularly egregious. We will know more about whether exemplary damages could apply after reviewing the specific circumstances of your case.
How Long Do You Have to File a Harassment Claim in Orange County?
While dealing with harassment can be physically and emotionally taxing, it is important to take action on your civil claim as soon as possible. In Orange County, you will typically have up to three years from the date the most recent incident occurred to file a claim for workplace harassment with the California Department of Fair Employment and Housing (DFEH) according to Assembly Bill 9 (AB-9). However, there may be some circumstances that shorten or extend this deadline.
If you are going to file a complaint with the EEOC, you have even less time to file your complaint. The EEOC statute of limitations is 300 days from the date of the most recent harassment incident as described by their time limits for filing a charge. While you typically have up to 300 days to file your complaint, reporting early may be in your best interest. We are going to need to preserve time-sensitive evidence as soon as possible and give ourselves plenty of time to gather the information we need to support your case.
Missing this deadline should not be an option. If we do not file your complaint with the DFEH or the EEOC before their respective deadlines, we may miss out on the opportunity to hold your employer or other at-fault parties accountable for their harassment and misconduct.
Why Choose Elite Employment Law?
When you’re facing workplace harassment in Orange County, you need a legal team that combines skill and experience with compassion. At Elite Employment Law, we offer:
- Decades of experience representing the rights of employees.
- A deep understanding of California’s employment laws and how to use them to successfully advocate for workers who have been wronged.
- A 99 percent success rate with our clients.
- Personalized attention and support throughout your case.
- No out-of-pocket fees for you. If we don’t successfully settle or win your case, you owe us nothing.
Contact Our Orange County Harassment Lawyers Today
Do not suffer in silence. If you are experiencing workplace harassment in Orange County, contact Elite Employment Law today for a confidential consultation. Our experienced workplace harassment attorney will listen to your story, explain your rights, and help you explore your legal options.
Remember, you have the right to a safe and respectful work environment. Let us help you protect that right and seek the justice you deserve. Schedule your free consultation today via our secure contact form or by calling our office now.