Palmdale Sexual Harassment Lawyer

Palmdale Sexual Harassment Attorney

Sexual harassment is illegal and immoral, but it continues to be a widespread issue for employees in all industries. It can have substantial effects on a person’s mental and emotional health, as well as their ability to complete their job and progress in their career. If you are an employee who has been subject to sexual harassment, you may have options for legal recourse. The support of a Palmdale sexual harassment lawyer can help you navigate this process and get the relief you need.

You could hold your employer accountable if they encouraged or failed to address a hostile environment in the workplace or if they were the active aggressor in sexual harassment. Your attorney can help you determine where you can file a complaint to begin the process of filing a claim against your employer.

Experienced Sexual Harassment Employment Attorneys

The team at Hennig Kramer LLP has decades of experience in numerous aspects of employment law, including years of defending employees against illegal sexual harassment. Our firm has been protecting the rights of employees for nearly 30 years, and we know the stress and frustration that can affect employees as they navigate the complaint and claims process. We want to help you get the justice you deserve and hold employers accountable for their failure to maintain a safe workplace.

State and Federal Laws Regarding Sexual Harassment

California’s Civil Rights Department (CRD) enforces the Fair Employment and Housing Act (FEHA), which includes requirements for how employers should address and prevent sexual harassment in the workplace and prohibits sexual harassment like quid pro quo harassment or hostile work environment harassment.

The protections and provisions against sexual harassment in California extend to all employees, regardless of how many employees their company employs. This enables employees of much smaller companies to have options for legal recourse.

Federal employment laws are managed and enforced by the Equal Employment Opportunity Commission (EEOC), including Title VII of the Civil Rights Act of 1964. Title VII prohibits the harassment of an employee based on sex. The protections of this law apply to employers that employ 15 or more workers.

Types of Sexual Harassment in the Workplace

There are two primary types of sexual harassment present in work environments. Both present their own unique challenges and circumstances.

Quid Pro Quo Harassment

This form of sexual harassment occurs between an employee and an employer, manager, supervisor, or other individual who can make employment decisions for the employee. Quid pro quo sexual harassment is when this employer offers the employee positive employment actions or threatens negative employment actions in exchange for sexual favors or an employee’s acceptance of sexual harassment.

This may include offering a promotion, a raise, longer-term employment, or easier work, or threatening demotion or wrongful (illegal) termination. This benefit or threat may be explicit or implied. One instance of quid pro quo harassment is sufficient to be considered sexual harassment.

Hostile Work Environment

Sexual harassment in a hostile work environment includes unwanted behaviors, including jokes, comments, or actions. These behaviors are based on sex, gender, or appearance and are so substantial or repeated that the workplace becomes hostile, intimidating, or offensive to any reasonable person. While minor teasing or other behaviors are not illegal, they can become harassment and, therefore, illegal if it is consistent and severe.

You do not have to be an explicit or direct target of the hostile work environment to be impacted negatively. You may still have the basis for a claim if you were victimized by it. An employer can be responsible for a hostile workplace if the issue was brought to their attention and they did nothing or if they actively encouraged the behavior.

FAQs

Q: What Is the Statute of Limitations on Sexual Harassment in California?

A: The statute of limitations on sexual harassment in California is three years from the most recent act of harassment. This is the period that an employee who has been sexually harassed has to file a complaint with the state’s CRD. This time limit matters because you must first file this complaint to receive the right to sue. Without the letter for the right to sue, you cannot directly file a claim against your employer in court.

Q: How Do I Prove Sexual Harassment in California?

A: Proving sexual harassment in the workplace in Palmdale, California, requires that you meet the preponderance of evidence standard. It is beneficial to create a personal account of each sexual harassment event, when and where it happened, and any witness statements.

Other important evidence to prove sexual harassment can include written internal or external communications, such as texts, memos, or emails, documentation of complaints to human resources, and statements from other victims of sexual harassment.

Q: What Is Considered and What Is Not Considered Sexual Harassment?

A: Sexual harassment is inappropriate or sexual physical, visual, or verbal behaviors against an employee or an applicant, as defined by the EEOC. This includes teasing or intimidation based on a person’s appearance or gender if this behavior is repeated or severe enough to be considered creating a hostile environment.

Sexual harassment also includes behavior such as unwanted sexual advances or requests for sexual favors. Quid pro quo harassment and a hostile workplace environment are two of types of sexual harassment.

Q: Do You Need a Lawyer to File a Claim for Sexual Harassment?

A: When you want to file a claim for sexual harassment, you are not required to have a lawyer, but the support of an experienced employment lawyer can help you significantly. Employment attorneys have years of education and experience in the process of filing complaints and claims against employers who are violating the rights of employees to a safe workplace. No matter what your circumstances, we can help you get the help that you deserve.

Palmdale Sexual Harassment Lawyer

If you have faced sexual harassment in your workplace, you have options to protect your rights to a safe workplace. At Hennig Kramer, LLP, we stand up for your interests and secure the justice you deserve. Let us help you file the relevant complaint with the EEOC or CRD and hold your employer accountable. Contact our firm today.