San Diego Sexual Harassment Lawyer

San Diego Sexual Harassment Attorney

Sexual harassment in the workplace is not only unethical but also illegal under both California and federal law. Employees who face sexual harassment, whether verbal, physical, or visual, may suffer not just professionally but emotionally and mentally as well. If you have been subjected to sexual harassment in your workplace, a San Diego sexual harassment lawyer can help you pursue justice.

Why Choose Us?

At Hennig Kramer LLP, we understand the gravity of these instances and are committed to representing employees who have endured harassment based on protected characteristics. We can assist you in protecting your rights and seeking the justice you deserve.

Understanding Sexual Harassment Laws in California

California is a national leader in protecting employees from workplace harassment, with laws that are often more favorable to employees than those found at the federal level. The California Fair Employment and Housing Act (FEHA) lays out comprehensive protections for employees, including protections against harassment based on protected characteristics like:

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

FEHA applies to employers with five or more employees and prohibits both quid pro quo and hostile work environment harassment based upon protected characteristics.

Federal laws also protect against sexual harassment, most notably under Title VII of the Civil Rights Act of 1964. Title VII prohibits harassment in workplaces with 15 or more employees. Both FEHA and Title VII make it clear that sexual harassment is illegal when it is based on a protected characteristic and is offensive to a reasonable person.

What Is Sexual Harassment?

Sexual harassment can take many forms and includes unwanted sexual advances, inappropriate comments or gestures, or other behaviors of a sexual nature. Sexual harassment is categorized into two primary types:

• Quid Pro Quo Harassment. This occurs when an employer, supervisor, or person in power offers employment benefits such as promotions, pay increases, better opportunities, or preferential treatment in exchange for sexual favors. Refusing these advances may result in adverse employment actions such as demotion, termination, or denial of job opportunities.
• Hostile Work Environment. This form of harassment arises when an employee faces unwelcome conduct of a sexual nature that is severe or pervasive enough to create an intimidating, hostile, or offensive work environment. Such behavior may include sexual jokes, lewd comments, inappropriate touching, or displaying sexually explicit material.

It is important to note that a single incident of severe harassment may be enough to establish a hostile work environment, while a pattern of smaller incidents over time can also form the basis of a claim.

Filing a Sexual Harassment Claim in California

Victims of sexual harassment in San Diego, California, should report the conduct to their employer or Human Resources as soon as possible. While the law does not require employees to follow internal complaint procedures before taking legal action, reporting harassment internally can serve as important evidence in your case.

Employers are responsible for preventing and addressing harassment. If they fail to act once they are aware of it, they could be held liable for any harm caused. If the harassment does not stop after reporting it internally, or if your employer retaliates against you for reporting it, you may be able to file a legal claim.

In California, you can file a complaint with the California Civil Rights Department (CRD), which investigates violations of FEHA. For cases under federal law, complaints are filed with the Equal Employment Opportunity Commission (EEOC). Before filing a claim, employees typically need to obtain a “right to sue” letter from the CRD or EEOC. Our sexual harassment attorneys can help you with these government filings. In many cases, however, disputes are resolved through negotiation and settlement before reaching the courtroom.

Sexual Harassment Protection for Independent Contractors

Although California’s laws against sexual harassment in the workplace are widely recognized for their ability to protect employees, it is less well-known that these protections also apply to specific non-employees, such as independent contractors.

The California Fair Employment and Housing Act extends harassment protections to independent contractors, trainees, volunteers, and individuals who provide services pursuant to a contract, in addition to employees. This distinction is essential in an economy where contingent work and freelance contracts are becoming more prevalent.

FEHA acknowledges that the necessity of safeguarding against sexual harassment is not limited by employment status, as independent contractors are frequently excluded from numerous employment protections, including wage and hour laws.

The business with which the contractor is contracting must have five or more employees for the contractor to be protected under FEHA. Just as with employees, harassment must be motivated by a protected characteristic, including but not limited to sex, gender identity, sexual orientation, race, national origin, or any other listed category.

Independent contractors may be subjected to sexual harassment in a variety of ways, such as lewd remarks, unsolicited sexual advances, or inappropriate physical contact. Contractors should report harassment to their clients or other responsible parties in the business and meticulously document all incidents.

After obtaining a right to sue letter, the contractor may submit a claim under FEHA with the California Civil Rights Department (CRD) for investigation or pursue legal action if the harassment becomes severe or pervasive and is not addressed.

Retaliation for Reporting Sexual Harassment

It is illegal for employers to retaliate against employees who report sexual harassment or participate in an investigation related to harassment claims. Retaliation can take many forms, including demotion, pay reduction, changes in job duties, or termination. Under FEHA and federal law, retaliation is only unlawful when it is in response to protected activities, such as reporting harassment or participating in an investigation.

If you experience retaliation after reporting sexual harassment, you may have grounds to file a retaliation claim. Retaliation claims are often resolved in the California Superior Court, especially if the California Civil Rights Department does not investigate your complaint.

What Constitutes a Strong Sexual Harassment Case?

When making a claim for sexual harassment, having appropriate and sufficient evidence is vital in developing a strong case. A strong sexual harassment case typically involves the following elements:

• Documentation of Harassment: Keeping detailed records of the harassment, including dates, times, witnesses, and the specific conduct involved, can significantly strengthen your case. Any communication with Human Resources or management regarding the harassment should also be documented.
• Employer Awareness: Employers are liable when they know or should have known about the harassment and fail to take immediate and appropriate corrective action. Evidence that you reported the harassment and that your employer neglected to act can bolster your case.
• Psychological Impact: Sexual harassment often causes emotional distress, anxiety, and other psychological impacts. While these effects can be difficult to quantify, evidence of psychological harm—such as medical records or testimony from mental health professionals—can add weight to your claim.

What Damages Are Available in Sexual Harassment Cases?

In California, employees who successfully prove sexual harassment may be entitled to various types of damages, including:

• Economic Damages: Compensation for lost wages, benefits, and other economic losses resulting from the harassment or retaliation.
• Non-Economic Damages: Compensation for emotional distress, pain, suffering, and psychological harm caused by the harassment.
• Punitive Damages: In instances where the employer’s conduct was notably reckless, punitive damages may be given to punish the employer and deter future misconduct. Punitive damages do not apply to public employers.

FAQs

Q: Are Sexual Harassment Cases Hard to Prove?

A: Sexual harassment cases can be challenging but not impossible to prove. Successful cases often hinge on the evidence presented, which includes documentation of the harassment, witness statements, and proof that the employer failed to act once informed of the behavior. Additionally, harassment cases must meet the legal standard of being offensive to a reasonable person and involve conduct that is severe or pervasive enough to create a hostile work environment.

Q: What Qualifies as a Sexual Harassment Charge in California?

A: Under California’s FEHA, harassment must be based on a protected characteristic, such as sex, gender identity, race, religion, sexual orientation, national origin, disability, age, or other protected category. To qualify as harassment, the behavior must be unwelcome and either involve a quid pro quo arrangement or create a hostile work environment through severe or pervasive conduct.

Q: What Makes a Strong Sexual Harassment Case?

A: A strong harassment case generally includes clear evidence of unwelcome behavior, documentation of the employer’s awareness of the harassment, and proof that the harassment was based on a protected characteristic. A strong case should also involve evidence that the victim experienced economic losses (such as reduced wages or lost promotions) or non-economic harm (such as emotional distress).
Documenting the frequency, severity, and nature of the harassment helps demonstrate its psychological impact. Keeping records of any complaints made to management or HR about the harassment, as well as their responses (or lack thereof), can further support the case.

Contact Hennig Kramer LLP

If you have been subjected to sexual harassment in your workplace, don’t hesitate to take action. At Hennig Kramer LLP, we are dedicated to helping employees throughout San Diego seek justice. Contact us today to speak with our team.