Anaheim Sexual Harassment Lawyer

Anaheim Sexual Harassment Attorney

Sexual harassment is against the law. The Fair Employment and Housing Act (FEHA) in California and Title VII of the Civil Rights Act both say that sexual harassment is illegal when it is based on a protected trait, like gender, sexual orientation, or gender identity. If you’ve experienced this type of harassment, an Anaheim sexual harassment lawyer can help you seek the justice you deserve.

Why Choose Us?

People who work in Anaheim and are sexually harassed have legal options to protect their rights. The law seeks to ensure that sexual harassment does not occur and that employers can be held accountable when it does, whether it be rude comments, unwanted touching, or more serious actions. At Hennig Kramer LLP, we help workers who have been sexually harassed, and we work hard to hold the aggressor and/or your employer responsible. We want to help victims get the justice they deserve and protect their rights.

Examples of Sexual Harassment in California

Sexual harassment in the workplace can take many forms. Some of these are overt, while others are more subtle, but all forms are likely to be damaging. Here are some examples:

• Quid pro quo harassment is when an employer or other authority figure requests a sexual favor in return for a job reward, such as a raise, promotion, or longer employment. If you refuse to comply, you can be fired, demoted, or face other negative work consequences.
• A hostile work environment occurs when sexual harassment is present, distracting to the victim’s job duties, unrelenting, or physically threatening. Examples include unwanted sexual advances, jokes, remarks, and the presentation of offensive items that contribute to an intimidating, hostile, or offensive work environment. This includes unwelcome groping, frequent sexual comments, and even prolonged staring.
• Verbal sexual harassment includes any unwanted and offensive remarks, jokes, or innuendos that are sexually explicit and would offend a reasonable person. This kind of harassment aggravates an already hostile work atmosphere and is frequently repeated.
• Non-verbal harassment is a type of abuse that includes undesired actions or gestures such as vulgar hand signals, provocative stares, and the sending of inappropriate content like sexual emails or photos.
• Physical harassment is defined as any unwelcome sexually explicit physical contact, including touching, grabbing, kissing, or assault.

How to File a Sexual Harassment Claim in Anaheim

If you have experienced sexual harassment in your workplace, there are steps you can take to file a claim and seek justice:

• Document the harassment. Keep detailed records of each incident, including the date, time, location, individuals involved, and any witnesses. These records will be necessary when filing a claim.
• Report to HR or management. It is essential to report the harassment to your employer’s Human Resources department or a supervisor as soon as possible. This step allows the company an opportunity to investigate and address the issue internally.
• File a complaint with the California Civil Rights Department (CRD). Under California law, you must file a complaint with the California Civil Rights Department (CRD) before filing a claim. Once your complaint is filed, the CRD will investigate the claim and may issue a right-to-sue letter.
• Pursue legal action. After receiving a right-to-sue letter from the CRD, you have the legal right to file a legal claim against your employer in civil court. At Hennig Kramer LLP, we guide you through this process and represent your interests to help you seek compensation and hold the responsible parties accountable.

Sexual harassment claims in California are often resolved through settlements, but in some cases, they may go to trial.

The Importance of Protected Characteristics in Sexual Harassment Cases

In Anaheim, California, sexual harassment laws are specifically designed to protect employees who face harassment due to protected characteristics. Protected characteristics under FEHA include:

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

For harassment to be actionable under the law, it must be linked to one of these protected characteristics. This means that behaviors such as sexual comments, jokes, or actions must be connected to the victim’s gender, sexual orientation, or other protected characteristic to constitute illegal harassment. The law exists to ensure that everyone is treated fairly and equally in the workplace, regardless of these protected characteristics.

FAQs

Q: Can I File a Sexual Harassment Claim Against My Employer Without an Attorney?

A: It is possible to file a sexual harassment claim against an employer without an attorney, but it is not often recommended. Employment attorneys are experienced in this specific area of law and can support your case with invaluable insight. If you believe you are being sexually harassed in your workplace, reach out to a local and experienced employment attorney to determine your options.

Q: How Do I Prove Sexual Harassment in California?

A: In California, you have to show that the offensive behavior was bad enough or frequent enough to make the workplace toxic in order to prove sexual harassment. Emails, text messages, witness statements, written reports, or records of any offensive physical or verbal behavior can all be used as proof. A protected trait must be at the center of the harassment, and you must show that the behavior would be offensive to a logical person.

Q: How Do I Sue for Sexual Harassment in California?

A: In order to bring a sexual harassment claim in California, you must first register a complaint with either the federal Equal Employment Opportunity Commission (EEOC) or the California Civil Rights Department (CRD), depending on the nature of the claim. You can file a claim in civil court after getting a “right to sue” letter from the CRD or EEOC. An employment lawyer can help you through the whole process, gather evidence, and make your claim.

Q: What Is the Burden of Proof in a Sexual Harassment Case?

A: In a harassment case, the burden of proof rests with the employee (plaintiff), who must show that the harassment happened by a preponderance of evidence, which means that it is more likely than not that the harassment occurred. There must be proof that the harassment was based on an employee’s protected characteristic and was severe enough or common enough to change the terms and conditions of their work.

Contact Hennig Kramer LLP

If you have been subjected to sexual harassment in your workplace, legal help is available to you. At Hennig Kramer LLP, we can help you seek justice. Contact us today to speak with our team.