San Francisco Sexual Harassment Lawyer

San Francisco Sexual Harassment Attorney

Navigating a hostile work environment can be distressing, especially if you’ve been affected by sexual harassment. It can be difficult to know how to confront and stop harassment at work, especially if it comes from someone you work under. You do not have to carry the weight of this injustice alone. If you feel your company is not taking adequate steps to investigate and ensure your well-being, you need the help of a San Francisco sexual harassment lawyer.

At Clark Employment Law, APC, we understand the profound impact that sexual harassment can have on individuals and workplaces. Our dedicated team is committed to providing compassionate support and well-rounded guidance to those who have experienced this distressing situation. We believe in empowering individuals to stand against harassment and discrimination.

With a deep understanding of the laws and complexities surrounding sexual harassment cases, our attorneys are steadfast advocates, working tirelessly to ensure justice and fair treatment for our clients. Your well-being and rights matter, and we are here to help you navigate the legal process with diligence, sensitivity, and a focus on achieving a favorable outcome.

Defining What Sexual Harassment Can Look Like

Identifying the manifestations of workplace sexual harassment is crucial. Recognizing these instances is key to understanding if there’s an issue that requires resolution.

Hostile Work Environment: Coworkers and supervisors can create a hostile work environment for their peers in several ways. This can be in the form of making a sexual joke or sexually suggestive comments and behaviors.

Hostile work environment sexual harassment often occurs when conduct and behavior of a sexual nature are so severe and pervasive in the work environment that it deprives an employee of their statutory right to work in a space free of discrimination.

• Quid Pro Quo: Quid pro quo is a Latin term directly translated as “something for something.” In the context of the workplace, this refers to a situation where someone in a position of authority and influence requests or demands sexual favors in exchange for job promotions, benefits, raises, or any unique treatment.
• Sexual Orientation Harassment: The California Fair Employment and Housing Act strictly prohibits harassment of a colleague or employee grounded on their sexual orientation or even perceived orientation. When employment-related choices—like hiring, firing, promotions, or training—are influenced by an individual’s sexual orientation or perceived orientation, it constitutes illegal conduct under workplace harassment laws.
• Unwelcome Sexual Advances: In many American workplaces, it’s not uncommon for colleagues to engage in personal relationships beyond work boundaries. However, it’s essential for every employee in all workplaces to recognize that declining sexual advances means a definitive “no.”
  While asking a coworker out might be acceptable, making explicit sexual advances usually qualifies as sexual harassment. When the victim firmly rejects the harasser’s behavior as unwanted, any persistent sexual advances could lead to a valid claim of sexual harassment.
• Gender Identity/Gender Expression Harassment: Gender identity and gender expression harassment or discrimination entails the unfair, negative, or unique treatment of a person due to their gender identity and gender expression. Under the California Fair Employment and Housing Act, it is illegal to discriminate and harass any employee due to their gender identity and expression.
• Sexual Assault/Battery: Regrettably, there are instances where individuals go beyond verbal advances and engage in physical contact. Should an employee experience groping or any form of unwanted sexual touching, the individual responsible may be held accountable for both a sexual harassment claim and potential criminal charges, such as sexual battery.

The California Fair Employment and Housing Act (FEHA) Explained

The California Fair Employment and Housing Act (FEHA) is an all-encompassing state law that prohibits harassment, discrimination, and retaliation in employment and housing based on several protected classes. Below is a breakdown of this law:

• FEHA prohibits discrimination in employment and housing based on protected classes such as color, race, ancestry, national origin, religion, sex, sexual orientation, gender identity and expression, marital status, disability, medical condition, age, and more.
• FEHA requires all employers to provide equal employment opportunities and prohibits discriminatory practices in hiring, promotion, termination, compensation, and other employment aspects.
• FEHA prohibits workplace harassment based on several protected characteristics (personal attributes or traits that are safeguarded by anti-discrimination laws), making it illegal for anyone in the workplace to engage in conduct that creates a hostile or abusive environment.
• FEHA mandates reasonable accommodation for employers with religious beliefs or disabilities unless it creates an unreasonable burden for the employer.
• FEHA provides procedures for filing harassment or discrimination complaints with the Department of Fair Employment and Housing (DFEH).
• FEHA grants individuals who have faced harassment or discrimination the right to pursue legal action against employers to seek resolution.

Protection of Your Rights When You Are a Victim of Sexual Harassment

There are several steps that can help ensure that you are protected and cared for as a victim of sexual harassment. The following shows several of these steps:

1. Documentation: Taking time to document any incidents that could be considered sexual harassment, including time, date, location, and any witness, can help in the future if you are seeking official support.
2. Report: It is important to notify your employer and/or the human resources department of your company about the harassment and follow any guidelines shared about company policies. This can look like filing a written complaint to document the issue officially with the company.
3. Support: Reaching out to a trusted colleague or friend at this time for emotional support is important. You do not need to go through this alone, and there are people around you who want to help and assist you in this time.
4. Rights: Take some time to understand your rights under company policies and local anti-discrimination laws. Seeking counsel from a sexual harassment lawyer can be a helpful step in understanding how you are protected.
5. Follow Procedures: Spend diligent time and consideration cooperating with any investigations conducted by your employer or any relevant authorities.
6. Explore Legal Options: If the harassment persists or your employer is not taking appropriate action, please consider seeking professional legal advice and support from an attorney who has significant experience with sexual harassment cases.

Amidst any harassment, your safety and well-being take precedence. Each case is unique, and it is of utmost importance to prioritize your safety while addressing the matter. If any serious concern about harassment arises, seeking aid from local law enforcement is your right for added protection.

The guidance of a skilled sexual harassment lawyer renders this challenging situation more navigable. They will provide the legal support you need and advocate for you through the entire process. An experienced employment lawyer knows how to put an end to the undesired behaviors and bring a sexual harasser in the workplace to justice.

How a Sexual Harassment Lawyer Can Help You

A lawyer with experience in sexual harassment claims can help their San Francisco clients in numerous ways:

• Legal Guidance: Attorneys will provide information surrounding sexual harassment laws and take time to explain their client’s rights and potential courses of action.
• Case Evaluation: An attorney will spend time understanding your case and situation. They will be able to professionally assess the situation, gather information and documentation, and evaluate the strength of a case, providing steps to move forward.
• Filing Complaints: Providing assistance in the filing of administrative complaints with relevant agencies or internal components of their clients’ companies, an attorney will navigate this process seamlessly.
• Documentation: A sexual harassment attorney will ensure the diligent gathering of evidence, including emails, texts, witness statements, or any documentation related to the harassment, to help strengthen their clients’ cases.
• Negotiation: At times, negotiation between the client and employer or opposing party will need to happen in order to seek resolution, and an attorney will assist with this process and advocate for proper settlement and adjustment to the work environment and work policies.
• Representation: An employment lawyer will provide experienced legal representation in all proceedings, including any mediation negotiations, arbitration, or court hearings.
• Emotional Support: As an experienced entity in the field of sexual harassment in the workplace, an attorney can offer vital empathy and support to their clients as they understand the emotional toll that this type of wrongdoing can take on individuals.
• Advocacy: An attorney will provide relentless advocacy for their client’s rights. They will work to ensure the fair treatment and justice of their clients throughout the legal process.

With the dedicated work, invaluable assistance, and unwavering advocacy of a seasoned sexual harassment lawyer, you can rest assured that your case is meticulously safeguarded. Their vigilant oversight ensures your fair treatment and strives for a resolution that upholds your rights. Trust in their legal experience brings confidence that your situation is in capable hands, navigating the legal complexities to seek justice and bring about a satisfactory conclusion.

FAQs

Q: What To Do if You Are Sexually Harassed?

A: If you experience sexual harassment in the workplace, there are several ways to address this incident and protect yourself moving forward. First, document the incident and inform the harasser if you feel safe in doing so to explain that their behavior is unwelcome and to please stop. If you feel unsafe doing this and need to seek other solutions, report the incident to HR and/or a supervisor at your company and share it with a trusted friend or colleague.

Q: How Do You Resolve Harassment?

A: Successfully resolving harassment involves addressing and confronting the issue in an effective way that stops the behavior and prevents it from happening again. This can look like filing a report with HR or a trusted individual in leadership and also seeking emotional support from reliable people. This report should lead to an investigation of the incident, and if it does not, it is within the right of the individual seeking resolution to seek legal options and advice.

Q: What Does Sexual Harassment Involve?

A: Sexual harassment can involve any unwanted or unwelcome behavior of a sexual nature that creates a hostile, offensive, intimidating work or social environment. This can include verbal and non-verbal harassment, such as inappropriate comments, jokes, explicit conversations, lewd gestures, sharing, and displaying sexually suggestive images.

It includes physical harassment such as unwanted touching, hugging, kissing, and any unwanted physical advances. It also involves abuse of authority, making sexual requests in exchange for work favors, and so much more.

Q: What Is the Difference Between Sexual Harassment and Sexual Assault? What About Sexual Misconduct?

A: Sexual harassment, sexual assault, and sexual misconduct are all unique terms that refer to different types of inappropriate or unlawful sexual behavior and can sometimes overlap in meaning. Sexual harassment involves unwanted behavior of a sexual nature that creates an intimidating environment.

Sexual assault refers to any behavior or sexual contact that occurs without explicit consent. Sexual misconduct is a broad term encompassing a range of inappropriate behavior of sexual nature.

San Francisco Sexual Harassment Law Firm

In the face of a distressing and unjust situation like sexual harassment in the workplace, you do not have to face it alone. Our San Francisco sexual harassment law firm is here to provide the support and guidance you need. If you are navigating a hostile work environment or have been impacted by harassment, our dedicated team is committed to standing by you every step of the way.

At Clark Employment Law, APC, we comprehend the profound impact of sexual harassment on individuals and workplaces. We’re not just legal practitioners; we are advocates for justice and fairness. Our mission is to empower you to confront harassment and discrimination head-on.

With an in-depth understanding of the complexities and nuances of sexual harassment laws, our attorneys are dedicated advocates, tirelessly working to ensure your rights and well-being are upheld. We are committed to assisting you through the legal process with diligence, empathy, and a relentless pursuit of a favorable outcome.

Don’t hesitate to reach out—your voice matters, and we are here to help you seek the justice you deserve.