Sexual Harassment Attorney in San Diego

Defining Workplace Sexual Harassment

Workplace sexual harassment includes a range of unwelcome behaviors that create a hostile work environment. Unwanted advances, lewd remarks, and requests for sexual favors are just a few examples of these behaviors. It is crucial for employees to recognize that these actions are not only unethical but also illegal under established workplace policies. 

Sexual harassment can occur between all individuals in the workplace, from executives to peers and even clients or customers. One-time or repeated instances of sexual harassment can impact a person’s physical and mental health and ability to perform their job. Understanding the dynamics of power and influence can help victims determine the best course of action to address these issues effectively and safely. 

How San Diego Courts Handle Sexual Harassment Cases

When taking legal action for sexual harassment in San Diego, cases are often handled by the Superior Court of California, County of San Diego. This court is responsible for upholding laws such as FEHA and provides a venue where victims can seek justice through well-established legal channels. Knowing the court procedures in advance, such as the initial filing process, pre-trial hearings, and potential settlement conferences, can prepare litigants for what to expect and reduce anxiety about proceedings. 

Our San Diego attorneys are adept at navigating these court systems. We work closely with you to compile necessary documentation, evidence, and witness statements to support your case effectively. This focused preparation not only strengthens your case but also expedites resolution, allowing you to focus on your recovery and professional life rather than being mired in legal details. 

Legal Protections Against Sexual Harassment in California

In California, you are protected from sexual harassment at work under the Fair Employment and Housing Act (FEHA) and Title VII of the Civil Rights Act of 1964. The FEHA specifically applies to employers with five or more employees and provides extensive protection against harassment. Both laws aim to create workplaces free from harassment and discrimination and to provide ways for survivors of harassment or assault to seek justice. These laws not only protect employees from overt sexual advances but also from subtle harassment that can manifest in the form of jokes or unwanted attention. Understanding these protections can empower employees to take action without fear of retaliation, fostering a safer, more equitable work environment. 

Your Options for Seeking Justice for Workplace Sexual Harassment 

Should you unfortunately experience sexual harassment at your job, you can take action to protect yourself and hold the perpetrator and/or your employer accountable. Determining the right steps often depends on your specific circumstances and the nature of the harassment encountered.  

Your legal options include:

Internal Reporting

You can utilize your company’s internal reporting procedures to document and address the misconduct. This likely involves reporting the harassment to the human resources department. Then, your employer may remedy the situation. Keeping detailed records of all incidents and interactions can further strengthen your position and provide vital evidence should the issue progress to legal proceedings. 

It is important to note that in all circumstances, you should be sure to report workplace sexual harassment. Doing so can be helpful if you choose to pursue other legal actions. 

Filing a Claim

You can file a charge of discrimination with the California Civil Rights Department (CRD). This will initiate an investigation into the alleged harassment. After the investigation, the department may be able to secure damages for you. Taking this step also helps contribute to a larger database of complaints that can spotlight systemic issues within a workplace, potentially prompting broader enforcement actions. 

Litigation 

If other remedies are unsatisfactory, you can pursue litigation. Doing so involves filing a lawsuit against the employer or perpetrator. Litigation can lead to compensation, changes in workplace policies, and serve as a precedent that discourages similar behavior in the future. Collaborating with a skilled legal team ensures that your case is presented effectively, increasing the likelihood of a favorable outcome. 

Through these three legal options, you may:

• Recover compensation for damages, such as emotional distress and lost wages
• Be awarded punitive damages
• Secure a court order demanding that the harassment stop
• Get reinstated to a position from which you were wrongfully terminated
• Cause your employer to institute policies to prevent future harassment

Facing workplace harassment? Speak to a sexual harassment lawyer today. Call (888) 716-4314 or contact us online for trusted guidance and legal support!

Frequently Asked Questions

What Should I Do if I Experience Sexual Harassment at Work?

If you experience sexual harassment at work, the first step is to document the incidents thoroughly. Keep records of dates, times, locations, and any witnesses. Reporting the issue to your HR department should always be done as soon as possible. If there is no resolution or if you're uncomfortable with internal processes, contact a qualified sexual harassment lawyer in San Diego. They can guide you on the state's legal procedures and ensure your rights are protected. Consulting with a legal team versed in the local court systems can provide peace of mind during this stressful time. 

How Long Do I Have to File a Sexual Harassment Claim in California?

In California, you generally have one year from the date of the harassment to file a claim with the Department of Fair Employment and Housing (DFEH). However, it's crucial to seek legal advice as soon as possible to ensure all procedural timelines and requirements are met. Timing can be critical in gathering evidence and securing witness testimonials. Engaging with an experienced sexual harassment attorney early can provide guidance through this process and ensure all legal steps are appropriately handled.  

What Can I Expect from My Initial Consultation with a Lawyer?

During an initial consultation with a sexual harassment lawyer at our firm, expect a detailed discussion of your experience and the context of the harassment. We will review any documentation and evidence you bring to identify the strength of your case. We will explain potential legal strategies and what to anticipate during the process. This is also an opportunity to determine if our approach aligns with your needs. At M&A Law Offices, we ensure these consultations are confidential, supportive, and informative, setting the groundwork for effective legal action. Reach out to learn more about the consultation process.

Set Up a Free Consultation Today 

At M&A Law Offices, we believe there should not be barriers keeping people who have experienced sexual harassment from the resources and legal advocacy they need. That is why we offer free consultations and can operate on a contingency fee basis. If you choose our firm, there are no upfront costs. To find out how we might be able to fight for you, reach out to set up your consultation with one of our San Diego workplace sexual harassment lawyers. By providing personalized legal strategies tailored to your unique circumstances, we ensure that you receive the most effective advocacy possible. Our team is equipped to handle even the most complex situations, guiding you towards resolving your case with confidence and clarity. 

Connect with us online or call our San Diego sexual harassment attorney at (888) 716-4314. We serve areas in San Diego County, including San Diego and Carlsbad, and elsewhere across California.