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Have You Faced Sexual Harassment In The Workplace?

Have You Faced Sexual Harassment in the Workplace? You Are NOT Alone. Workplace Sexual Harassment Can Be a Painful, Heartbreaking, and Challenging Situation to Face — But a San Diego Sexual Harassment Lawyer Will Fight for You.

Despite the laws aiming to protect workers in California, workplace sexual harassment is more prevalent than ever and can take a number of forms. If you have been the victim of sexual harassment on the job, an experienced San Diego sexual harassment lawyer can help you understand your legal options, including potentially filing a harassment lawsuit against your employer for allowing the behavior to take place.

Defining Workplace Sexual Harassment

California Government Code 12940 prohibits any employer or employee from harassing workers, applicants, volunteers, independent contractors, or unpaid interns if the harassment is motivated by unlawful discrimination pertaining to the individual’s sex, gender, gender identity or expression, marital status, sexual orientation, pregnancy, childbirth, or pregnancy-related condition.

Sexual harassment in California includes:

  • Quid pro quo sexual harassment refers to an employer or another employee requesting sexual favors in exchange for job benefits or demanding sexual favors under the threat of negative work-related actions such as termination or being passed over for a promotion.
  • Hostile workplace sexual harassment refers to repeated sexually harassing behaviors against a worker by an employer or another employee that are intended to offend, humiliate, or distress the victim.

What if I Complain About the Sexual Harassment?

Making a complaint regarding sexual harassment is not required. Although making a complaint is one way to ensure that the employer is aware of sexual harassment, it’s not the only way. An employer is liable for sexual harassment if it knew or should have known about the sexual harassment. An employer can also be liable for sexual harassment if the harasser was a manager or supervisor, even if the employer did not know about the sexual harassment. If you feel unsafe filing a sexual harassment complaint, seek guidance from an experienced San Diego, sexual harassment lawyer.

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What Acts Are Considered Sexual Harassment?

Workplace sexual harassment can come in a variety of forms, such as the ones listed below.

Sexual Comments

This is one of the more common forms of sexual harassment and can involve jokes, insults, or slurs about an employee’s gender, gender identity, or sexual preference. It can also involve the use of sexually derogatory names to refer to people of a specific gender.

Unwanted Advances

While it is not illegal to ask a coworker out on a date, repeatedly making advances toward them after being rejected or punishing the employee on the job for rejecting advances can be considered sexual harassment.

Inappropriate Touching

This is the most blatant type of sexual harassment and can include grabbing a worker’s genitals, touching their breasts, rubbing their buttocks or thighs, or mouth-to-breast contact.

Sexist Comments

Comments showing favor toward one gender over another are prohibited in California workplaces.

Examples of Sexual Harassment

Some examples of sexual harassment in the workplace include:

  • Making comments of a sexual nature about a coworker’s body or clothing
  • Offering an employee a promotion in exchange for sex
  • Asking questions about someone’s sex life or sexual preference
  • Telling sexually offensive jokes

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What Should I Do If I'm Being Sexually Harassed at Work?

If an employee is being sexually harassed at work, there are a number of steps that should be taken in order to protect their right to file a legal claim.

  1. Review workplace policies and begin documenting details about the harassment, including the date(s) on which it occurred, a detailed description of the behavior, and the names of anyone who witnessed the behavior.
  2. If you feel safe doing so, report the harassment to your supervisor or human resources department.
  3. Contact a San Diego, sexual harassment lawyer who can inform you of your legal options and provide services to assist you.
  4. Confide in family, friends, or a licensed professional who can provide moral support as you pursue a sexual harassment claim.

Finding the Best San Diego Sexual Harassment Lawyer for You

An experienced San Diego sexual harassment lawyer can provide several services to assist you with your claim as well as guidance as you go through the process. For more information, contact us today for a free case evaluation.

Frequently (un)asked questions

A California employee rights lawyer handles cases involving workplace disputes, including workplace sexual harassment claims.

Yes, and the law prohibits your employer or coworkers from retaliating against you for filing the claim. However, you should be prepared for the possibility of retaliation disguised as poor work evaluations when you previously had positive ones or even termination for a reason seemingly unrelated to the sexual harassment claim. If you feel you are being retaliated against by your employer for filing the claim, you should speak with your attorney about the matter as soon as possible.

Yes. You do not need to be a current employee in order to bring a claim for sexual harassment. Your sexual harassment lawyer can help you weigh your options and determine the proper steps to take in order to protect your right to make a claim.

Sexual harassment claims in CA must be filed within three years of the last incident of sexual harassment.

Top-Rated San Diego Sexual Harassment Lawyer

Top-Rated San Diego Sexual Harassment Lawyer

After experiencing any type of sexual harassment in the workplace, it’s difficult to know where to turn, to know who you can trust. At the Malk Law Firm, we have successfully represented employees against large and small companies (all over California and Washington) in various labor and employment-related lawsuits.

Trust our team to fight for your rights in the workplace. Our San Diego sexual harassment lawyer is available for a free consultation to discuss your options. Please reach out today to tell us about your case.

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