Employees should never have to be subjected to sexual harassment in the workplace, but unfortunately, it still happens almost every day. Sexual harassment can include a number of different types of inappropriate actions, including lewd comments, inappropriate jokes, and even forced sexual acts. While women are the primary victims of sexual harassment in the workplace, men can also be subjected to this type of harassment. If you have been the victim of sexual harassment in the workplace, contact a Los Angeles employment lawyer at Sparrow Law Group today.
Why Choose Sparrow Law Group?
Sparrow Law Group is a full-service plaintiff’s employment litigation firm, and we pride ourselves on being the premiere sexual harassment law firm in California. At Sparrow Law Group, you are not just another case number. Our Los Angeles sexual harassment attorneys will communicate with you directly, get to know you and craft a tailored approach specifically for your case. We have the experience to anticipate defense tactics, and we are capable and ready to counter those moves. With Sparrow Law Group, you have a true friend and ally in your corner as you navigate the stressful and emotional landscape of a sexual harassment case.
What Qualifies As Sexual Harassment?
You might be wondering what type of conduct qualifies as sexual harassment. According to Federal law, sexual harassment can include “unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature” (29 CFR § 1604.11). Generally speaking, sexual harassment falls into one of two categories. Those categories are “quid pro quo” harassment and “hostile work environment” harassment.
Quid pro quo sexual harassment occurs when threats are made against an employee if they refuse to participate in sexual acts or promotions and other perks are promised in exchange for sexual favors. Alternatively, sexual harassment can occur as a result of a hostile work environment when an employee becomes the victim of unwanted sexual advances, derogatory comments, sexual jokes, explicit photos, or other behavior. Remember that sexual harassment can occur to both women and men, and the offensive behavior does not necessarily have to be sexual in nature. Harassment based on gender alone can sometimes be enough to constitute sexual harassment.
How Can I Report Sexual Harassment?
How sexual harassment is reported will depend on a few factors. First, sexual harassment should be reported following the appropriate channels outlined in the employer’s workplace policy. The incident should be thoroughly documented, and communications such as emails should be kept so there is a record. This behavior may be fully handled and resolved within the workplace.
However, victims also have the right to file an external report of workplace sexual harassment on the state or federal level. This can be beneficial if a victim’s employer does not take the reports seriously, retaliates, or takes other unsatisfactory actions. It can also be a good idea to file an internal and external report simultaneously for improved transparency and accountability. These agencies will review and investigate allegations of sexual harassment before issuing a decision. Additionally, if a victim has been sexually assaulted, they should receive medical attention right away and report the assault to the police.
While it is not necessary to hire a lawyer to file a sexual harassment complaint, it is important to seek legal representation as soon as possible. These cases can be difficult and complex, and a lawyer can provide compassionate support and strong advocacy to ensure fair treatment.
Penalties And Damages For Sexual Harassment
Upon a successful sexual harassment claim, the harasser may be subject to certain penalties. These penalties can include termination, reduction in wages, demotion, and mandatory training or counseling. Additionally, the harasser may be subject to criminal penalties in some situations.
Victims of sexual harassment may also recover monetary damages in these cases. Damages may include back pay, front pay, medical bills for treatment of emotional distress, career counseling services, costs associated with a new job search, and other expenses caused by the harassment. Victims may also be entitled to punitive damages, although California law sets high standards of proof that must be met for punitive damages to be awarded.
How Much Compensation Will I Receive in A Sexual Harassment Claim?
How much compensation you can recover will depend on your specific circumstances. No two cases are alike, and your specific needs will determine what you can recover. Typically, victims of sexual harassment can recover the lost wages they sustained, the cost of medical care and therapy, emotional distress and suffering, reduced quality of life, and more, as applicable.
The value of your compensation will depend on the severity of losses you sustained because of the sexual harassment, the extent of the harassment, and the employer’s role or actions. These and other factors can impact the outcome of a claim and how much your settlement may be worth. Victims should work closely with a lawyer to determine how much compensation they may be able to recover.
How Long Do I Have to File a Sexual Harassment Claim in California?
Victims of sexual harassment in the workplace have three years to file a complaint with the California Civil Rights Department (CRD). The law provides you time to collect evidence to support your claim and demonstrate the unwanted sexual behaviors you were subjected to while at work. However, it is important to act as quickly as possible so you do not lose valuable time since these cases are usually very complex. Once you file your claim, the method of resolution dictates how long you have to finish resolving your case.
You can choose to have CRD investigate your case or file a lawsuit with your lawyer. If CRD handles your case, they will investigate and determine if any laws were broken. If so, they will notify the applicable parties that they are going to issue a lawsuit. If you choose to file a lawsuit yourself, then CRD will determine and issue you a right-to-sue letter and cease working on your case. You will then have 1 year to file and resolve your lawsuit in court.
Contact A Los Angeles Sexual Harassment Attorney Today
Employers who allow sexual harassment to continue in the workplace should be held accountable, and the Sparrow Law Group can help ensure that they are. If you have experienced direct harassment or a hostile work environment, contact us today. We treat every client like family, and we will work diligently to ensure that your rights are protected. Contact our office today to let our attorneys go to work for you.