At Elite Employment Law, we understand the devastating impact sexual harassment can have on your career, well-being, and overall quality of life. As a dedicated employment law attorney in Orange County who focuses exclusively on protecting employee rights, we are committed to helping victims of workplace sexual harassment seek justice.
If you have experienced workplace sexual harassment, we are here to help. Contact us today to schedule a free confidential consultation to discuss your concerns.
Why Choose Us at Our Orange County Sexual Harassment Lawyers?
At Elite Employment Law, we exclusively represent employees. Our dedicated sexual harassment attorney works tirelessly to protect and seek justice for our clients.
When you schedule a free confidential consultation with Elite Employment Law, we listen to your story, evaluate your case, and help you understand your legal options. If we represent you, our team gets to work helping you collect and preserve important evidence to support your claim.
We can help you file a complaint with the appropriate agency, such as the California Department of Fair Employment and Housing (DFEH)or the Equal Employment Opportunity Commission (EEOC). We will tailor a customized legal strategy to best advocate for your rights and the justice you deserve.
Our skilled attorney will negotiate on your behalf to advocate for your interest in settlement negotiations with your employer. If we are unable to reach a fair settlement with your attorney, we are fully prepared to take your case to trial to fight for the justice you deserve.
We will ensure your rights are protected throughout the legal process and will take action if your employer attempts to retaliate against you for reporting the harassment.
With Elite Employment Law, you will have an experienced firm supporting you and fighting to protect your rights.
Workplace Sexual Harassment
Recent reports indicate that sexual harassment in the workplace is on the rise. While both men and women can be targets of harassment, statistics show that women are disproportionately affected.
However, it is crucial to recognize that sexual harassment knows no gender boundaries. Men can be harassed by women, and same-sex harassment is equally unlawful and harmful.
How to Recognize Workplace Sexual Harassment in Orange County
Sexual harassment can take many forms, and it is essential to be able to identify it when it occurs. Some common examples include:
- Unwelcome sexual advances or propositions
- Inappropriate touching or physical contact
- Sexually suggestive comments, jokes, or gestures
- Displaying or sharing sexually explicit materials
- Quid pro quo situations (exchanging job benefits for sexual favors)
- Creating a hostile work environment through persistent sexual behavior or comments
What Behaviors Are Considered Sexual Harassment?
In the workplace, it may be difficult to determine whether you are being sexually harassed. You may initially believe you are overreacting, but it is important to remember that sexual harassment does not need to be physical. Nonverbal and verbal behaviors can also be considered sexual harassment. Some examples of sexual harassment could include:
- Nonverbal sexual harassment – Any type of unwanted indecent exposure, unwelcome hand gestures, or suggestive body language could be considered harassment.
- Verbal sexual harassment – This may involve persistently proposing a sexual relationship or intimacy, making unwanted sexual comments about your body, or even making sexually suggestive jokes.
- Physical harassment – This might include unwanted kissing, hugging, caressing, touching, pinching, or unwanted sexual advances.
These are not the only ways in which sexual harassment can occur. For example, if a colleague or supervisor is making comments about your physical appearance that make you feel uncomfortable, are inappropriate, but are meant to sound like a compliment, this may still be considered sexual harassment. If someone at work is sending sexually explicit emails, displaying pornographic images, or other types of sexually explicit pictures, you may have grounds for a sexual harassment complaint against them.
Other examples could include a colleague spreading rumors at work about your sexual preferences or sex life, demanding sexual favors in exchange for a promotion or pay increase, or any type of pressure or intimidation that creates a hostile work environment. If you are not sure whether you are being subject to sexual harassment, your best bet is to consult a reputable employment law attorney who can review the details of your case and help you explore your legal options further.
Types of Sexual Harassment Claims
Sexual Harassment claims generally fall into two categories – Quid Pro Quo Harassment and Hostile Work Environment.
Quid Pro Quo Harassment
This Latin term translates to “this for that.” Quid pro quo harassment occurs when job-related benefits or decisions are contingent upon an employee’s submission to sexual advances or conduct. For example:
- A supervisor promising a promotion in exchange for sexual favors
- A manager threatening termination if an employee refuses to go on a date
Even a single instance of quid pro quo harassment can be grounds for a lawsuit.
Hostile Work Environment
This type of harassment creates an intimidating, offensive, or hostile atmosphere that interferes with an employee’s ability to perform their job. Unlike quid pro quo harassment, a hostile work environment typically develops over time through repeated incidents. However, in extreme cases, a single severe act could be sufficient to create a hostile environment.
Legal Protections Against Sexual Harassment
Both California state law and federal legislation protect employees from sexual harassment in the workplace. These laws apply to a wide range of workers, including:
- Full-time and part-time employees
- Job applicants
- Interns (paid or unpaid)
- Volunteers
- Independent contractors
Who Can File a Sexual Harassment Claim in Orange County?
You may have concerns that you are being sexually harassed at work in Orange County but are unsure of what you can do about it. You may not be sure whether you have the right to file a claim, whether you are extended protections from sexual harassment based on your employee status, or have concerns that your role does not afford you the same protections that a traditional employee may have. However, nearly anyone who performs work responsibilities in the workplace may have the right to file a sexual harassment claim, including:
- Volunteers
- Service providers
- Independent contractors
- Employees
- Unpaid interns
- Applicants
This is by no means an exhaustive list of the potential types of employees who have the right to file a sexual harassment complaint. If you are being subject to any type of unwelcome sexual advances or comments, it may be in your best interest to consider taking legal action, especially if you have previously voiced your concerns to your supervisor, human resources, or upper management, and your concerns have not been addressed.
How to Hold Your Employer Accountable
There are several potential ways you may be able to hold your employer accountable for the sexual harassment you have experienced at work. When you initially reported the harassment to the appropriate party, they should have documented the incident in detail. If they fail to do so, you may need to move forward with a more formal complaint, which might include Contacting the California Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC).
Filing a Complaint With the CRD
You will likely start by initiating a complaint with the CRD. You can do this by calling their office at 800-884-1684 (voice) or 800-700-2320 (TTY), sending your complaint to contact.center@calcivilrights.ca.gov, or filing your complaint online via their complaint form. According to the department’s Complaint Process, you must file your complaint with the CRD within three years of the most recent incident of sexual harassment. However, if you did not learn about the harassment until after the statute of limitations has already passed, you may have an additional 90 days from the date you discovered the harassment to file your lawsuit after you obtain a Right-to-Sue order.
Once your complaint has been filed with the CRD, it will be up to their investigators to determine whether sexual harassment occurred. You should be prepared to provide as much supporting documentation of the incident as possible. The CRD is victim-friendly, but they are supposed to act as neutral parties that are only interested in uncovering the facts. The CRD can also help you resolve your dispute with your employer or the individual who is sexually harassing you.
If you receive a Right-to-Sue notice from the CRD, you will have the authority to file a civil lawsuit in state or federal court. With help from a top-rated Orange County sexual harassment lawyer, you can truly hold your employer, abuser, or other liable third party who facilitated the harassment accountable to the fullest extent of the law.
Filing a Complaint With the EEOC
Prior to filing your complaint with the EEOC, it is important to ensure you understand your company’s anti-harassment policy so you know whether they are in violation of state or federal employment laws. You are going to need compelling supporting evidence if you hope to have your complaint taken seriously. You should be able to recall specific instances of sexual harassment, including what happened, the date the incident occurred, what time the incident occurred, where the incident occurred, and the names and contact information of any witnesses to the incident in question.
Your complaint with the EEOC may need to be filed within 180 days of the incident as described by the EEOC’s time limits for filing a charge. However, you may have as many as 300 days from the date of the incident, depending on the circumstances of your case.
What is Employer Retaliation?
When your employer retaliates against you, they are taking adverse action after you have made a complaint or reported some type of violation. If you were sexually harassed and reported the incident to your boss, were a witness in a case against someone else who was sexually harassing colleagues at work, or refused to take orders that would have involved sexual harassment, and your employer takes action against you, you may have the right to sue for employer retaliation. According to the EEOC’s brief on retaliation, some examples of such retaliation could include:
- Physical or verbal abuse
- Wrongful termination
- Unfair performance reviews
- Unreasonable employee reprimands
- Being transferred to a less desirable position
- Being demoted or passed over for a well-earned promotion
- Reducing hours or pay
- Threatening or intimidating employees
Steps to Take If You Experience Sexual Harassment
If you believe you are a victim of workplace sexual harassment, consider taking the following steps:
- Keep a detailed record of all incidents of harassment, including dates, times, locations, and any witnesses.
- Follow your company’s procedure for reporting sexual harassment. This often involves notifying your supervisor or HR department.
- Save any emails, text messages, or other communications related to the harassment.
- Familiarize yourself with your company’s sexual harassment policy and your legal rights.
- Confide in trusted colleagues, friends, or family members for emotional support or seek professional counseling.
- Contact an experienced employment law attorney who can answer your questions and guide you through the legal process.
Potential Damages of a Sexual Harassment Case in Orange County
You have the right to be repaid for a wide variety of economic and non-economic damages if you have been sexually harassed. Some examples of potentially recoverable damages in an Orange County sexual harassment case include:
- Reinstatement in your former position
- Loss of income
- Damage to your reputation
- Emotional distress
- Loss of employee benefits
- Legal fees
- Post-traumatic stress disorder (PTSD)
Contact Our Orange County Sexual Harassment Attorneys Today
Sexual harassment can be an isolating and traumatic experience, but you do not have to face it alone. At Elite Employment Law, we are committed to standing by your side every step of the way.
Our compassionate and skilled attorney understands the sensitive nature of these cases and will handle your situation with discretion and professionalism.
If you are experiencing sexual harassment in your Orange County workplace, contact Elite Employment Law today for a free confidential consultation.