Updated on September 15th, 2023

Sexual Harassment Attorney

Our sexual harassment lawyer advise workers experienced sexual harassment at work throughout California, including Los Angeles, San Diego, and Orange County.

By Brad Nakase, Attorney

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How can a sexual harassment lawyer help?

If you’re ready to move forward with your sexual harassment lawsuit please contact our attorney for help. No woman wants to be touched or stared at by creepy bosses or co-workers. No, she does’ consider you attractive or sexy. Your aftershave smells like 1960s Old Spice. Finally, if you asked her to lunch by text message and didn’t understand her reply – TBH IDK LMTAI. FWIW, STFU – you’re too old for her. Stop being creepy.

Sexual harassment is gross. Sexual harassment is uncomfortable. Sexual harassment is unlawful in California. California’s sexual harassment laws protect all employees from sexual harassment from their co-workers, bosses, customers, or vendors. Sexual harassment can have long-lasting effects on someone’s life and make them feel unsafe at their place of work. Brad Nakase is a sexual harassment lawyer dedicated to seeking justice for victims of sexual harassment. He believes that showing the consequences of sexual harassment will create a safe work environment for everybody. A sexual harassment lawyer can help sexual harassment victims reclaim their lives and ensure safety from co-workers by seeking justice. Please get in touch with our sexual harassment lawyer for a free consultation.

No one should have to endure the pain and humiliation of sexual harassment in the workplace. Thankfully, in California, victims have the legal right to pursue justice and hold both the perpetrator and the employer accountable for their actions. Sexual harassment is not only morally wrong, but it is also illegal, and victims deserve to be heard, believed, and supported in their quest for justice.

Our sexual harassment attorney is committed to standing by victims, fighting the crimes committed against them, and securing compensation for the injuries and damages they have suffered. With extensive experience in handling sexual harassment cases, we understand what it takes to build a successful case and achieve justice for our clients.

One critical aspect of fighting sexual harassment is ensuring that the legal deadlines are met. Victims must file their claim within the statute of limitations, either one year from the last incident (if filing with the Department of Fair Employment and Housing) or six months from the last incident (if filing with the Equal Employment Opportunity Commission). Our lawyers are well-versed in these timelines and will diligently work to meet them, ensuring that the victim’s rights are protected.

To strengthen the case, our legal team collaborates with victims to gather essential evidence, including witness testimonies and personnel file documents. Such evidence can be critical in establishing the pattern of harassment and the adverse effects it has had on the victim’s work environment and well-being. In addition, documenting the emotional distress and related injuries resulting from the harassment can help quantify the damages suffered.

In the pursuit of justice, it is also vital to uncover any previous disciplinary actions against the harassers. Identifying instances where no action was taken against the perpetrators sends a strong message about the employer’s failure to address the issue effectively. Moreover, if there are indications that a supervisor was involved in the harassment, it further strengthens the case against the employer.

Our sexual harassment lawyer’s commitment to our clients extends beyond building a strong case. We understand that the emotional toll of sexual harassment can be overwhelming, and our attorneys are dedicated to creating a safe and supportive environment for victims. We take proactive measures to protect our clients from any further harassment and ensure that necessary safeguards are in place to keep the harasser at bay.

Our mission is not only to secure compensation for our clients but also to help bring about lasting change in workplace cultures. By holding employers accountable for their actions (or inactions), we aim to create a workplace environment that is respectful, inclusive, and free from harassment.

If you or someone you know has experienced sexual harassment in California, do not suffer in silence. Reach out to sexual harassment lawyer today and let our compassionate and experienced sexual harassment attorneys stand by your side, fighting to ensure that justice is served. Together, we can work towards building a better and safer workplace for all.

What Kind of Behavior Is Sexual Harassment?

The following types of behavior are the most common cases of sexual harassment:

  • Verbal harassment such as lewd remarks or commenting on a person’s appearance, clothing, or sexual activity. Sexually explicit jokes and degrading comments are also verbal sexual harassment.
  • Visual harassment such as sexually provocative pictures, making sexual gestures, or staring inappropriately.
  • Sexual advances or invitations.
  • Inappropriate touching or stopping an employee from moving away.
  • Offering things in exchange for sexual favors or suggesting that an employee could lose their job if they don’t perform sexual favors.
  • Threatening to or retaliating after a negative response to any of the above behaviors.

The law not only protects the victims of sexual harassment, but also protects those who help support sexual harassment victims, or witnesses to sexual harassment from retaliation. Behavior does not have to be sexually motivated to be classed as sexual harassment. Some sexual harassment is motivated by control, suppression, or abuse of power. The laws also recognize all genders and sexual orientations as being able to be the harassers and genders.

What is sexual harassment in the workplace?

Sexual harassment in the workplace refers to unwelcome behavior of a sexual nature or conduct based on an individual’s sex, gender, or sexual orientation that creates a hostile or offensive work environment. It is a form of discrimination and is illegal in the United States under Title VII of the Civil Rights Act of 1964.

Sexual harassment can take various forms, which may in turn be categorized under two main types.

The first of these is known as Q uid pro quo harassment. This occurs when a person in a position of power, such as a supervisor, manager, or employer, makes employment decisions or offers job-related benefits contingent upon the victim’s submission to unwelcome sexual advances, requests for sexual favors, or other sexually explicit behavior. For example, a supervisor threatening to fire an employee unless they engage in a sexual relationship would be considered quid pro quo harassment.

The second type may be described as harassment stemming from a hostile work environment. This form of sexual harassment involves an atmosphere in the workplace that is intimidating, offensive, or hostile due to sexually suggestive or inappropriate behavior, comments, or conduct. It can involve sexual jokes, offensive language, explicit imagery, unwanted advances, or any other behavior that creates discomfort or distress for the victim and interferes with their ability to work in a professional environment.

It is important to note that sexual harassment is not limited to direct actions but can also include indirect or subtle behaviors that contribute to a hostile work environment. Both men and women can be victims of sexual harassment, and the harasser can be of the same or opposite sex as the victim.

Employers have a legal responsibility to take appropriate measures to prevent sexual harassment in the workplace and address any complaints promptly and effectively. Employees who experience sexual harassment should feel encouraged to report the incidents to their employer, Human Resources department, or designated authority, as well as seek guidance from an attorney or relevant authorities if needed.

Sexual harassment not only affects the individual’s well-being but can also have a detrimental impact on job performance, job satisfaction, and overall work culture. Employers and employees must work together to create a safe and respectful work environment where all individuals are treated with dignity and respect, free from any form of discrimination or harassment.

How do you fight sexual harassment in California?

Sexual harassment is a serious issue that can have lasting emotional and professional impacts on its victims. In California, the law aims to protect victims by providing them with a specific timeframe within which they can file a claim or a lawsuit against the alleged perpetrator and/or employer. The statute of limitations for sexual harassment claims in California can vary depending on certain factors, and it is essential for victims to be aware of their rights in seeking justice.

As per the Department of Fair Employment and Housing (DFEH) guidelines, a victim of sexual harassment in California has one year from the date of the last incident of sexual harassment to file a claim. This means that any complaint must be submitted to the DFEH within one year of the most recent occurrence of harassment. However, it is crucial for victims to act promptly and not delay reporting, as waiting too long might hinder their ability to seek justice.

Alternatively, if a victim chooses to file a claim with the Equal Employment Opportunity Commission (EEOC), the timeframe is different. The EEOC requires that the victim files within six months from the date of the last incident of sexual harassment. This shorter timeframe is important to note, as it may differ from the one-year window allowed by the DFEH.

Once a victim files a complaint, they have two options: requesting the DFEH to conduct an investigation into the California sexual harassment claim or immediately receiving a right-to-sue letter. The latter option allows the victim to move forward with filing a complaint in the California Superior Court against the perpetrator and/or employer.

The severity of the claimed actions of the perpetrator can influence whether the victim should opt for an immediate right-to-sue letter. In some cases, when the harassment is especially egregious or ongoing, seeking legal action swiftly may be the best course of action to protect the victim’s rights and well-being.

If the victim receives a right-to-sue letter, they then have an additional year from the date of the letter to file a complaint in the California Superior Court. This period grants the victim additional time to prepare their case, seek legal representation, and ensure that they have the necessary evidence and documentation to pursue justice effectively.

In this challenging and emotional time, it is vital for victims of sexual harassment in California to have the support and guidance of a compassionate and knowledgeable sexual harassment attorney. A skilled attorney can help build a strong case, ensuring that the victim’s rights are protected and that the perpetrator is held accountable for their actions.

The statute of limitations for sexual harassment claims in California varies depending on whether the victim files with the DFEH or the EEOC. Understanding these timeframes is crucial for victims who seek justice and wish to pursue legal action against their harassers. By seeking the help of a compassionate California sexual harassment attorney, victims can have an advocate on their side, fighting to ensure that the perpetrator is rightfully reprimanded for their actions.

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What Is A Hostile Work Environment?

The law defines an unlawful hostile work environment to mean when a superior or coworker communication or behavior that is offensive, intimating, or discriminate on the basis of gender, religion, race, ethnicity, etc.

Can you take unpaid time off in California?

There is no legal requirement in California that an employer provide its employees with either paid or unpaid vacation time. However, the federal Family and Medical Leave Act (FMLA) gives eligible employees the right to take up to 12 weeks of unpaid leave per year.

DFEH Right to Sue

To file a lawsuit for discrimination, you must file a complaint with DFEH and obtain a Right-to-Sue notice.

Is It Illegal To Not Pay Overtime?

Yes, it is illegal for employer to not pay overtime because California law requires that employers pay overtime, whether authorized or not.

What Is Rate Pay Meaning?

The meaning of pay rate is the average hourly rate an employee is paid calculated by dividing the total pay for employment in a work week by the total number of hours actually worked.

California Break Laws

Under California law, non-exempt workers are entitled to two paid 10-minute rest breaks and one unpaid meal break during their eight-hour shift. 

Not Getting Paid for Work I Have Done

Workers who have not been paid for work have the right to file a claim with the federal and state Department of Labor for unpaid wages.

California Overtime Law

Under California overtime law, an employee who works over eight hours a day or over forty hours per week is entitled to overtime pay at one and one-half times the regular rate of pay.

Who is exempt from overtime pay?

As of 2023, to be exempt from overtime pay, any employees who are paid at least $62,400 per year and work are primarily professional, executive, creative, managerial, or intellectual and require the exercise of independent judgment.

Can Previous Employers Talk Bad About You?

There are no state or federal laws prohibiting what a previous employer can or cannot say about a former employee. However, previous employers are not permitted to make up lies to damage your reputation and make it difficult for you to get another job.

Can An Employer Cut Your Pay as Punishment?

Employers cannot cut hours to retaliate against employees. Cutting the hours of an employee should never be used as discipline or in an attempt to make an employee quit. 

California Random Drug Testing Law

Random drug testing is not permitted in California, and employers must give their employees notice before a drug test is given.

What happens if you get caught working under the table?

Generally, it is not illegal for your employer to pay you in cash. However, if the employer paid you under the table and did not report your earnings, you may be entitled to money damages under California Labor Code 226.

ADA Proof of Disability

An employer has no right to ask an employee to provide proof of disability unless the employee requests a reasonable accommodation and the employer does not believe disability exists.

FMLA Retaliation and Wrongful Discharge

An employer is prohibited from retaliating, interfering with, restraining, or denying an employee’s exercise of any FMLA right. If an employer wrongfully terminates an employee for FLMA taking medical leave, the worker could have a lawsuit against the employer.

Per Diem Employee Rights

A per diem employee is a worker who work on an as needed basis. A per diem employee does not have a regular schedule or shift but instead works hours as assigned.

How To File A Workplace Harassment Complaint

You can always file a harassment complaint with the EEOC about the harassment. Also, you can retain our employment law attorney to help with no upfront money from you.

Wrongful Termination Settlements

When a worker wins a wrongful termination lawsuit, the average payout amount is $9000 to $95,000, depending on how much the worker would have made during employment.

Can employer ask for proof of disability?

If a worker asks for reasonable accommodation, the employer can ask for proof of disability. However, an employer cannot ask for proof of disability if its part of a hiring decision.

What is an EDD Audit?

An EDD audit is a payroll tax audit initiated when a former worker you classified as an independent contractor applies for unemployment with EDD.  The EDD thinks you misclassified the worker as an independent contractor and audits your company. 

Using PTO for Paid Vacation Time

PTO is any time an employee gets paid while away from work, including paid vacation time. PTO is paid time off, meaning a worker may use PTO for any reason, such as paid sick leave or paid vacation time.

When to hire an employment attorney?

You should hire an employment attorney as soon as you are aware of the issue or believe something is wrong and that the employer is not remedying the issue, such as harassment, wrongful termination, or discrimination.

Is PTO Required by Law?

Employers in California are not required to provide any PTO, such as paid time off or paid or unpaid vacation, to their employees.

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