Sacramento Sexual Harassment Lawyer

Sacramento Sexual Harassment Attorney

Workplace sexual harassment seems to be prevalent in our society and can negatively affect the victims involved. When someone at work makes unwelcome advances, sexual comments or jokes, or shares any unwanted sexual imagery, that is inappropriate behavior and qualifies as sexual harassment. Having an experienced Sacramento sexual harassment lawyer can greatly benefit you with the support you need to stand up to this behavior.

Companies are supposed to create a workplace environment where their employees feel safe and receive fair treatment, but that isn’t always the case for some employers. Employees who have experienced any kind of unwanted sexual behavior should contact Clark Employment Law, APC, for a consultation. They can be not only your personal advocate but also your source of strength throughout the entire process.

Why You Should Get a Lawyer for a Sexual Harassment Case

Being sexually harassed can leave you with emotional and psychological burdens. When harassment happens in your place of work, it can create an environment that feels hostile and unsafe. This can affect your mental state and your ability to do your job confidently. If you begin the process of reporting the misconduct and filing a charge, you will want a lawyer who is experienced in employment law to assist you.

An employment lawyer can give you helpful legal advice and guidance through the unfamiliar network of the legal process. They can make sure you fully understand your rights in the matter and that you are kept informed of everything going on with your case.

You may be unsure of your options for pursuing a sexual harassment case, which could create some hesitancy. The right attorney will guide you through every course of action and explain which is right for your specific circumstances.

Oftentimes, sexual harassment cases end with a settlement. This may not sound like the ideal option to win a case, but sometimes it can be. Having a lawyer on your side who has excellent negotiation skills can ensure that any such discussions will end in the greatest outcome for you, whether that be compensation or some other kind of resolution for your benefit.

Forms of Sexual Harassment

There are many forms sexual harassment can take, but the most common in the workplace are quid pro quo harassment and hostile work environment harassment.

Quid Pro Quo

Quid pro quo translates to “this for that.” This form of sexual harassment involves being asked for a sexual favor in exchange for something that may be beneficial to you at work. This could be a promotion, raise, or some other kind of favor.

It could also be a threat to deny you a promotion or raise if you don’t agree to the request. Usually, only managers or supervisors participate in this kind of harassment because they have the power to actually make sure the favor they offer is granted.

Hostile Work Environment

A hostile work environment happens when harassment surrounding sexual matters or gender at work creates intimidating and hostile conditions. Inappropriate physical contact, comments, and images can all add to a hostile workplace that is unbearable for the person or people being harassed. There can often be a decline in work performance as a result of the harassment.

These two kinds of sexual harassment are not mutually exclusive, and they can happen at the same time and should be reported as soon as possible.

How to Report Workplace Sexual Harassment

When you are ready to report harassment in your workplace, here are important steps to take:

• Document Each Incident: The first time you believe you have been sexually harassed, and every time after that, if it continues, you should write down all of the details of each moment. This includes who was present, what day and time it occurred, and where. Gather any potential evidence of the harassment, like text messages, emails, pictures, etc. All of this will come in handy when you file your report and make your harassment claims stronger.
• Review Your Company’s Policies: Your employer should have a documented sexual harassment policy that was provided to all employees. The policy should detail how they handle incidents of harassment and what you need to do to report it.
• Report the Harassment to Your Employer: Once you have documented the sexual harassment, report the incident, or incidents, to your employer in writing. This may be your supervisor or human resources. An internal investigation should begin after you submit your report.
• File a Complaint With the California Civil Rights Department (CRD): Filing a claim with the Civil Rights Department should be your next move. The CRD enforces the anti-discrimination laws laid out in the Fair Employment and Housing Act in California.These sets of laws are meant to protect employees from any acts of harassment and discrimination. Once you file with the CRD, your complaint will also be filed with the Equal Employment Opportunity Commission (EEOC) automatically.
• Receive a Right to Sue Letter: It is important to note that once a complaint is filed with the CRD and the EEOC, you must wait to receive a Notice of Right to Sue before you can go in that direction with your case. Once you get a right to sue letter, you can begin preparing for a court case. Even if you don’t receive the letter, you still have options outside of suing that you can discuss with your lawyer.
• Speak With an Attorney: It is immensely important to have a lawyer if you are considering pursuing legal action. They can tell you how strong your case is and if you have a good chance of taking it to court.

These guidelines are all general, and the way you go about handling a sexual harassment case is dependent on your circumstances. Your lawyer will help you during the process and let you know your smartest option, whether that be moving forward with a court case or negotiating a settlement.

Statutes of Limitations in California

Sometimes, when you’re a victim of harassment, it can be a while before you realize the harassment happened and even longer before you come to terms with it and decide to do something about it. This is especially true in the workplace when the person who harassed you was your superior. A fear of retaliation can keep you from reporting the incident for a long time.

In the past, California allowed people one year to file a sexual assault claim, but with the passing of a new bill in 2019, all victims of sexual assault now have three years to file a claim. If you make the decision to file a harassment complaint with the CRD, you have three years from the date that the harassment happened to do so.

You don’t have to worry deeply about reporting harassment too late. It is an emotional process, and you should be confident in your case when you do it.

Workplace Harassment FAQs

Q: What Is Legally Considered Sexual Harassment in California?

A: Sexual harassment in California is considered to be any sexual conduct or behavior that makes a workplace environment offensive, hostile, or intimidating because of a worker’s sex or gender. This could be any unwelcome sexual advances that are physical or verbal or comments about a person’s physical appearance that make them feel uncomfortable.

Q: Can You Sue for Harassment in Sacramento, California?

A: Suing for sexual harassment is entirely possible in Sacramento, California, and it is your decision if you want to go in that direction. It may be an intimidating option for fear of retaliation from the employer, but suing does not equate to losing employment. In fact, many employers do what they can to ensure there is no retaliation at all. The state of California takes these matters seriously, and you have the right to be protected.

Q: What Are the Three Types of Harassment?

A: Harassment can be verbal, visual, and physical in the workplace. Someone does not have to touch you in a sexual way, speak to you about something that is sexual in nature, or speak about you in a sexual way for it to be harassment. If someone shows you unsolicited sexual images or videos, such as porn, that can also be considered sexual harassment.

Q: Can Workplace Harassment Occur Outside of the Workplace?

A: Yes, workplace harassment can happen outside of the office or company building. It can happen at a company event like a conference, via text message or email, and even during a commute to or from work. If the employment relationship is connected to the conduct in any way, it can be considered workplace sexual harassment. If you experience harassment outside of the usual workspace, you should still document the event.

Clark Employment Law, APC, Is Here to Help

Sexual harassment is a completely inexcusable offense that all employees should be protected from. With an attorney who has extensive knowledge of the harassment laws in California and the rights you have as a victim of harassment, you can go forward with your case confidently. Contact the office of Clark Employment Law, APC, for a consultation.