California Workplace Sexual Harassment Lawyers

In California, employees are protected from workplace sexual harassment under both state and federal laws. The primary state law is the California Fair Employment and Housing Act (FEHA), which provides broader protections than federal laws such as Title VII of the Civil Rights Act. FEHA applies to employers with 5 or more employees and covers all forms of sexual harassment, including both quid pro quo harassment and hostile work environment harassment

Sexual Harassment Claims: How California Work Place Harassment Lawyers Can Help

Employees can file claims for various unwelcome behaviors, following a process that includes reporting to the employer, filing a complaint with the state, and pursuing a harassment lawsuit. California law requires employers to prevent harassment and protects employees from retaliation.

Remedies for successful claims can include various damages and attorney’s fees, with no caps on compensatory or punitive damages, aiming to create safer workplaces and empower employees to address all forms of sexual harassment effectively.

In instances where internal reporting does not yield satisfactory results, lawyers can assist employees in pursuing a lawsuit against their employers. Lawyers will evaluate the merits of the case, gather necessary evidence, and ensure that all procedural requirements are met, including obtaining a “Right to Sue” letter from the DFEH. With no caps on compensatory or punitive damages in California, skilled attorneys advocate for their clients to secure appropriate remedies for emotional distress and lost wages.

Ultimately, pursuing lawsuits with experienced lawyers empowers employees to assert their rights effectively, fostering safer workplaces and holding perpetrators accountable for their actions.

Key Rights Under FEHA Against Sexual Harassment

• Protection from Harassment: FEHA prohibits sexual harassment in the workplace. This includes any unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature.
  
  
• Employer Responsibility: Employers are required to take reasonable steps to prevent and promptly correct any instances of sexual harassment. This includes implementing and enforcing effective anti-harassment policies, providing training to all employees, and conducting thorough investigations of any complaints.
  
  
• Harassment by Anyone: Sexual harassment protections cover conduct by supervisors, co-workers, and even third parties like clients or vendors. Employers may be liable for failing to address known harassment by these third parties.
  
  
• No Retaliation: Employees are protected from retaliation if they complain about sexual harassment, participate in any investigations, or testify in any proceedings related to sexual harassment.

Examples of Workplace Sexual Harassment

• Example 1: A supervisor makes repeated, unwelcome sexual comments to an employee and implies that the employee’s refusal to enter into a romantic relationship could affect their job performance reviews. This constitutes quid pro quo sexual harassment.
  
  
• Example 2: An employee frequently faces lewd jokes and comments from coworkers about their appearance and sexual orientation. Despite complaints to HR, the behavior continues. This situation could be classified as a hostile work environment based on sexual harassment.
  
  
• Example 3: A client repeatedly makes inappropriate physical contact with an employee during business meetings. The employer, upon learning of this, fails to take steps to protect the employee or address the client’s behavior. This negligence could lead to employer liability for third-party sexual harassment.
  
  
• Example 4: An employee is sent unsolicited and explicit images by a coworker via company email. The employee reports this to their supervisor, but no action is taken. This lack of response can be seen as a failure by the employer to address sexual harassment.
  
  
• Example 5: A manager frequently makes inappropriate comments, schedules unnecessary private meetings, and sends personal messages outside work hours to an employee. The manager assigns work and expects increased one-on-one time. The manager implies that career advancement depends on a closer personal relationship. The employee is reluctant to report the behavior due to fears of retaliation and potential career damage. This situation demonstrates workplace sexual harassment.
  
  
• Example 6: An employee begins inviting a coworker to one-on-one lunch meetings, insisting they need to “bond,” but when the coworker declines, the employee responds with passive-aggressive remarks about their lack of team spirit. The employee also sends personal messages outside of work hours, some containing mildly suggestive content or social invitations. This behavior catches the attention of other coworkers, who start gossiping about a potential relationship, despite the coworker’s clear discomfort. As a result, the targeted coworker dreads coming to work avoids social events, and experiences anxiety during meetings, leading to a decline in job performance. This situation could be classified as a hostile work environment based on sexual harassment

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