Orange County Sexual Harassment Lawyer

Orange County Sexual Harassment Attorney

Despite the strong legislative protections in place to prevent it, sexual harassment is a persistent problem that employees in all industries in Orange County could still experience. Under both state and federal law, employees have legal recourse, whether the harassment entails unwanted advances from a boss or coworkers or the development of a hostile work environment. In these cases, help from an Orange County sexual harassment lawyer is critical.

Why Choose Us?

At Hennig Kramer LLP, we’re dedicated to standing up for employees who have been subjected to harassment and discrimination at work. Our skilled staff is committed to ensuring that your rights are respected and that your voice is heard.

Sexually harassed employees may experience feelings of loneliness and anxiety, compounded by feelings of confusion about their legal rights. The Hennig Kramer LLP team is committed to assisting workers in holding their employers responsible because we recognize how difficult it may be to confront them without support. We defend your rights throughout the legal process.

We work tirelessly to obtain the compensation and justice you deserve on your behalf. With compassion and tenacity, we can guide you through every phase of the legal process, providing the support and fervor necessary to hold those who have wronged you responsible.

Examples of Sexual Harassment in California

In California, there are several ways that sexual harassment might manifest itself, from overt acts to more covert but persistent behaviors. Typical instances include the following:

• Unwanted physical contact. This includes caressing, grabbing, or inappropriately brushing up against someone’s body in a sexual way. When physical contact is unwanted and prolonged, even seemingly harmless gestures like hugs or shoulder rubs can be considered harassment.
• Sexual advances or requests for sexual favors. A classic example of quid pro quo harassment is when a boss offers promotions, pay increases, or other job incentives in exchange for sexual favors. It is also unlawful to threaten someone with a demotion, a bad performance review, or termination if they reject a sexual advance.
• Verbal sexual harassment. Sexual jokes, body-shaming statements, and sexually graphic remarks are examples of verbal harassment. Making disparaging remarks about someone’s gender, sexual orientation, or gender identity is another form of verbal harassment.
• Sexual gestures or exposure. When someone exposes themselves or their intimate body parts to an employee or makes inappropriate gestures, these actions are not just offensive; they can lead to a hostile work environment.
• Displaying offensive materials. Another type of harassment is when someone posts or distributes sexually explicit content, such as emails, videos, or photographs. These can be posted digitally via work communication channels or physically in areas like break rooms or cubicles.
• Cyber harassment. Cyber harassment is more common in today’s workplace. Harassment occurs when someone sends unsolicited sexual messages, images, or videos over social media, email, or other electronic means.

These examples demonstrate that harassment does not need to be physical in order to be illegal. If verbal or visual acts are persistent and unwanted enough to produce a hostile work environment, they might be classified as workplace sexual harassment in California.

California’s Legal Protections Against Sexual Harassment

California’s Fair Employment and Housing Act (FEHA) has strong and comprehensive anti-harassment laws in place. FEHA applies to any employer with five or more employees and prohibits harassment based on a wide range of protected characteristics, including

• Sex/Gender
• Gender identity
• Sexual orientation
• Race
• Color
• Religion
• Marital status
• National origin
• Ancestry
• Age (if over 40)
• Medical condition
• Disability
• Genetic information
• Veteran or military status

FEHA covers both full-time and part-time employees, as well as independent contractors, interns, and volunteers.

Under FEHA, sexual harassment can take many forms, including:

• Quid pro quo harassment, where employment decisions such as hiring, promotions, or raises are given based on the acceptance of sexual advances.
• Hostile work environment harassment, where unwelcome sexual behavior creates an intimidating, hostile, or offensive work environment. Examples of this might include inappropriate touching, sexually explicit comments, crude jokes, or the display of offensive materials.

FEHA does not require the behavior to be physically threatening or overtly sexual in nature. Even subtle forms of harassment, such as suggestive comments, can contribute to a hostile work environment if they are pervasive or severe enough.

In addition to state law, employees are also protected under Title VII of the Civil Rights Act of 1964, a federal statute that forbids harassment based on sex in workplaces that meet the minimum number of employees. While FEHA generally offers broader protections, Title VII serves as a layer of federal oversight in cases involving larger employers.

What to Do After Experiencing Sexual Harassment in Orange County

Taking action after experiencing sexual harassment is important, both to protect your rights and to stop the harassing behavior. In California, employees are encouraged to report harassment to their employer as soon as possible, typically through HR or a supervisor. This gives the employer the opportunity to take immediate and appropriate corrective action, as is required by law.

When reporting harassment, an employee should provide as much documentation as possible. Keep a record of each incident, including dates, times, descriptions of the behavior, and any witnesses who were present. This documentation will be invaluable if you need to escalate your complaint to the California Civil Rights Department (CRD) or pursue litigation.

If your employer fails to take action or if the harassment persists, you have the option to file a formal complaint with the CRD. This is typically the first step in the legal process and may result in an investigation by the CRD. If the CRD investigates, the CRD may issue a “right to sue” letter, allowing you to file a claim against your employer in court. Alternatively, with the assistance of our sexual harassment attorneys, you may be able to file a request for an immediate “right to sue” letter, allowing you to file a claim against you employer without requesting an investigation by the CRD.

In addition to the harassment itself, retaliation is also illegal. If your employer retaliates against you for reporting sexual harassment through actions like demoting you, reducing your hours, changing your work duties, or terminating your employment, you may have grounds for a retaliation claim in addition to your harassment claim.

Retaliation is unlawful when it is tied to an employee’s participation in a legally protected activity, such as reporting sexual harassment or assisting in an investigation.

Legal Remedies for Sexual Harassment in Orange County

Victims of sexual harassment in Orange County, California, have the right to pursue compensation for the harm they have suffered. Damages in a sexual harassment case may include economic damages, which are tangible financial losses that result from sexual harassment, such as lost wages, missed promotions, or reduced earning power. Economic damages can also cover costs related to job search efforts if the employee was forced to leave their position due to the harassment.

Non-economic damages are also a type of compensation that can be received. Sexual harassment often causes significant emotional distress, anxiety, depression, and even physical symptoms. Non-economic damages compensate victims for these intangible harms, recognizing the severe impact that harassment can have on a person’s mental and emotional well-being.

In cases where the employer’s conduct was particularly egregious, such as failing to act after multiple complaints of harassment or actively covering up the misconduct, courts may award punitive damages. These are intended to punish the employer and deter future misconduct rather than compensate the employee for financial losses. Punitive damages are not available against public employers.

FAQs

Q: Do I Need an Attorney to File a Sexual Harassment Claim Against My Employer?

A: You are not required to retain an employment law attorney if you choose to file a claim against your employer for workplace sexual harassment, but it is recommended. An attorney can help you determine the validity of your case, what additional evidence you need to strengthen your case, and the actions required to ensure no mistakes are made.

Q: Is It Ever Too Late to Report Sexual Harassment?

A: If you wish to file a claim, it will be too late to report sexual harassment after three years have passed from the last act causing harm. Legal deadlines, or statutes of limitations, render official claims invalid after a certain amount of time.

After this time limit has passed, you are unlikely to receive any legal compensation. However, it is never too late to report sexual harassment to your boss. Reporting the behavior could still lead to policy reviews and changes at work, even if there aren’t any legal options left. Be sure to act quickly.

Q: Can a Person Go to Jail for Sexual Harassment in California?

A: In California, sexual harassment can be punishable by law if an individual’s actions violate criminal statutes. Depending on the severity of the sexual assault or other actions, it may be charged as a misdemeanor or felony under California Penal Code Section 646.9. Penalties may consist of restraining orders, fines, and jail time. The civil remedies available to victims of workplace harassment are distinct from the criminal penalties. Criminal charges can only be filed by a District or City Attorney, at their discretion.

Q: What Is Quid Pro Quo Sexual Harassment?

A: When a boss or manager requests sexual favors in return for employment incentives like promotions, pay increases, or other career prospects, this is known as quid pro quo sexual harassment. On the other hand, if such demands are not fulfilled, it may also entail threats of undesirable outcomes, like termination or a demotion. Reach out to an employment attorney to determine if your case falls under this category.

Contact Hennig Kramer LLP

At Hennig Kramer LLP, our attorneys are experienced in pursuing the full range of damages available to sexual harassment victims. We approach each case with a focus on securing justice and maximizing the compensation our clients receive. Although most cases are settled before going to court, we are fully prepared to take cases to trial when necessary to protect our client’s rights. Contact us today to speak with our team.