San Francisco Sexual Harassment Lawyer

San Francisco Sexual Harassment Attorney

Sexual harassment is a widespread problem that affects workers across all industries and professions, leaving a lasting impact on a person’s mental health, career progression, and sense of well-being. While many workplaces are progressive, diverse, and hold high expectations for appropriate workplace conduct, sexual harassment continues to persist, which can undermine these principles. When sexual harassment occurs, a San Francisco sexual harassment lawyer can help.

Why Choose Us?

We at Hennig Kramer LLP are committed to defending workers who have experienced discrimination and harassment at work. We understand the severity of these circumstances, and our knowledgeable staff is dedicated to making sure your rights are upheld and your voice is heard.

Employees subjected to sexual harassment may feel isolated, anxious, and uncertain about their legal rights. At Hennig Kramer LLP, we understand how challenging it can be to stand up against sexual harassment, and we are dedicated to helping employees hold their employers accountable. We fight for your rights during the entire process.

We work hard to get you the justice you are due. We can walk you through each stage of the legal process with empathy and determination, offering the assistance and zeal required to hold those who have harmed you accountable.

California’s Legal Framework for Sexual Harassment in San Francisco

California’s Fair Employment and Housing Act (FEHA) includes comprehensive measures to prevent and address sexual harassment in the workplace. Unlike many federal laws that apply only to larger businesses, FEHA covers employers with as few as five employees.

This ensures that many smaller workplaces in San Francisco must adhere to the state’s anti-harassment laws. It’s also worth noting that FEHA covers not only full-time and part-time employees but also independent contractors, interns, and volunteers. This ensures that no one is left open to unlawful behavior in the workplace.

Sexual harassment falls into two main legal categories: quid pro quo harassment and hostile work environment harassment.

• Quid pro quo harassment involves employment decisions, such as promotions and salary increases, and are conditioned on the employee’s agreement to engage in unwanted sexual advances.For example, if a supervisor implies that an employee will only receive a raise if they agree to go out with them for a drink, that constitutes quid pro quo harassment. It also applies when a supervisor threatens demotion if the date is refused. This form of harassment is particularly damaging because it ties an employee’s livelihood to their willingness to submit to inappropriate conduct.
• Hostile work environment harassment occurs when unwelcome behavior, based on sex or gender, is so severe or prevalent that it creates an intimidating, offensive, or hostile work environment. Examples of hostile work environment harassment include unwanted touching, inappropriate jokes, or sexual comments.Even seemingly “small” behaviors, like sending suggestive emails or consistently making offensive remarks, can contribute to a hostile work environment, depending on the consistency and nature of the behavior.

In addition to FEHA, workers in San Francisco are protected by Title VII of the Civil Rights Act of 1964. This federal law prohibits discrimination and harassment based on sex in workplaces with 15 or more employees. While FEHA often provides more extensive protections, Title VII is an important law that carries federal protection, especially for employees of larger businesses.

Taking Action Against Sexual Harassment in San Francisco

Addressing sexual harassment can be frightening, especially when the offender holds power or authority in the workplace. However, taking action is critical to protecting your rights.

Under California law, employers are required to take immediate and appropriate corrective action once they become aware of sexual harassment in the workplace. This means that victims of harassment should, when possible, report the behavior to their employer, typically through Human Resources or another management source.

It’s important to document each instance of harassment as thoroughly as possible. Write down the dates, times, and descriptions of the harassing behavior, and save any evidence that supports your claims, such as emails, text messages, or photographs. Document any reports made to HR or management and any responses from the company. This evidence can be crucial if you choose to pursue legal action.

If your employer fails to address the harassment or if the harassment persists, you have the option to file a formal complaint with the California Civil Rights Department (CRD) under California law, or the Equal Employment Opportunity Commission (EEOC) under federal law. After filing a complaint, you will typically need to obtain a “right to sue” letter from the CRD or EEOC before you can bring your case to court.

In some cases, employees may fear retaliation from their employer after reporting sexual harassment. Retaliation can take many forms, such as termination, demotion, reduction in pay, or even subtle acts like being reassigned to undesirable tasks. Retaliation for reporting harassment or participating in an investigation is illegal under both FEHA and Title VII. If you experience retaliation, this may provide an additional basis for legal action against your employer.

Sexual Harassment in San Francisco’s Unique Workplaces

San Francisco’s economy includes industries as diverse as tech, healthcare, independent contracts, and education. Unfortunately, sexual harassment can occur in any of these sectors, and each presents unique challenges in preventing and addressing such behavior.

Under California law, independent contractors have the same right to a harassment-free workplace as full-time employees. Hiring independent contractors does not excuse employers from creating a harassment-free workplace.

Workers may face harassment not only from their colleagues but also from customers. While employers may not be directly responsible for the behavior of customers, they are obligated to take steps to protect employees from recurring harassment by patrons. For instance, a hotel or restaurant may need to bar a customer who has repeatedly harassed staff.

Independent contractors provide services under short-term contracts or as part of a separate business providing services to multiple clients. Workers may mistakenly believe that they have no recourse against harassment. However, FEHA explicitly extends harassment protections to independent contractors in California, meaning that these workers can report and take action against sexual harassment just like full-time employees.

Legal Options for Victims of Sexual Harassment in San Francisco

If you have experienced workplace sexual harassment, you may be entitled to various forms of compensation, depending on the circumstances of your case. Damages can include:

• Economic damages may include lost wages (both past and future), missed promotions, and other direct financial losses related to the harassment or any retaliatory actions by your employer.
• Non-economic damages compensate victims for emotional distress, pain and suffering, and other psychological impacts. Sexual harassment often causes significant emotional and psychological trauma, which can be just as damaging as financial losses.
• In some cases, punitive damages may be awarded to punish especially deplorable conduct and deter similar behavior in the future. Punitive damages are typically only awarded in cases where the employer’s behavior was particularly malicious, and are not available against public employers.

Sexual harassment cases in San Francisco, California, are often resolved through negotiation and settlement outside of court, but in cases where settlement is not possible, litigation may be necessary. At Hennig Kramer LLP, we handle most cases on a contingency basis, meaning you don’t have to worry about legal fees unless we recover compensation for you.

Our attorneys are skilled negotiators and aggressive litigators committed to securing a positive outcome for our clients.

FAQs

Q: How Do You Collect Evidence of Sexual Harassment?

A: To gain proof of sexual harassment, write down every incident in great detail, including dates, times, places, and what the behavior was. Remember to keep all written messages, like emails, texts, voicemails, and more. As much as possible, get accounts from coworkers who saw what happened. Writing about the harassment can also help your cause, such as documenting it in a personal journal. Where appropriate, you may wish to report these incidents to your employer’s internal human resources to give your employer a chance to try to stop the conduct. Keep this information safe because it could be very important in a court case.

Q: Can a Person Be Charged Criminally for Workplace Sexual Harassment?

A: A person can be charged criminally for engaging in workplace criminal harassment if their actions break criminal statutes. The state can file criminal charges against an individual for sexually assaulting another person, even if the actions occurred in a workplace. This, however, does not alter your ability to hold them accountable for their actions in a civil court. You can still file a claim against them for sexual harassment. Criminal charges can only be filed by a District or City Attorney, at their discretion.

Q: What Is Workplace Intimidation in California?

A: In California, workplace intimidation occurs when a person uses threats, pressure, or harassment to make someone else unable to correctly complete their job or ensure their rights are upheld. Examples of intimidating actions include making physical threats and doing other things that are intended to hurt a worker’s feelings or impact how they act. This could lead to legal repercussions.

Q: What Are Some Examples of Sexual Harassment in California?

A: There are numerous behaviors that can be considered sexual harassment under California law. Some examples include inappropriate advances, sexually explicit conversations, sexual jokes, sending obscene messages, and leering. Some especially serious examples that could also result in criminal charges include unwanted sexual touching, sexual assault, and stalking.

Contact Hennig Kramer LLP

No one should have to tolerate sexual harassment in the workplace. If you are dealing with harassment in San Francisco, the attorneys with Hennig Kramer LLP are here to help. We exclusively represent employees in employment law disputes and are committed to holding employers accountable for their actions. Contact us to speak with our team and discuss your case.