Riverside Sexual Harassment Lawyer

An individual’s workplace should be where they feel safe, supported, and able to do their job effectively. Employers and workers should be attentive to the rules and make sure that everything is being handled appropriately so that the work environment is safe and welcoming.

Unfortunately, that is not always the case. Many things can make a workplace less than ideal, such as injury or unfair pay, but one of the most difficult to deal with is sexual harassment. This type of harassment could come in the form of unwanted physical contact, inappropriate communication, or withholding rights or promotions without sexual favors. If you have experienced workplace sexual harassment, you may be able to file a complaint and receive compensation.

What Is Sexual Harassment?

It can be difficult to know whether you should pursue a sexual harassment case if it is not entirely clear whether or not your experiences would be considered sexual harassment. Understanding how the law defines sexual harassment and how you can respond to it can give you confidence moving forward with your case.

The state of California defines sexual harassment as any words, actions, or contact of a sexual nature that causes another employee to feel unsafe or uncomfortable in their work environment. This means that actions such as jokes, inappropriate comments, back rubs, and more could be considered sexual harassment if it makes the other person uncomfortable and keeps them from doing their work well.

There are two components to sexual harassment, according to California law. The Objective component claims that anyone who experienced the harassment would take offense. The Subjective component is evidence that the individual being harassed dealt with emotional suffering because of the harassment. In addition to these two components, there are also multiple categories of sexual harassment.

Types of Sexual Harassment

Sexual harassment can impact anyone, regardless of factors such as age, race, gender, or sexuality. It can be difficult to know whether your experience could be considered sexual harassment, so there are two primary categories to help make it clearer. The two types of workplace sexual harassment are:

• Hostile work environment. Sexual harassment that falls into this category is anything that makes an individual feel uncomfortable, unsafe, or unable to complete their work in the workspace. This is the type of sexual harassment that most people are familiar with. This includes unwanted physical contact, inappropriate jokes or comments, and bullying based solely on gender.
• Quid Pro Quo. This type of sexual harassment may be unfamiliar to some people. Quid pro quo sexual harassment is any instance where an employee is offered a perk, such as a promotion, in exchange for a sexual favor. In many of these cases, it is either implied or explicitly stated that the employee will suffer some type of consequence if they do not follow through with the favor.

Whatever the nature of the sexual harassment may be, all sexual harassment is illegal under California law. If you are experiencing workplace sexual harassment, you should report it to a supervisor immediately so it can be dealt with. If you file a complaint with your supervisor and they do not complete a proper investigation, you may need to seek legal assistance.

Riverside Sexual Harassment Lawyers FAQs

How Can a Riverside Sexual Harassment Lawyer Help?

Dealing with sexual harassment in the workplace is an emotional and often isolating experience. You may be hesitant to come forward with your claim for fear of not being taken seriously or concerns over retaliation from your employer. If you choose to pursue the claim by taking legal action, that can add the additional stress of navigating the legal system. Working with an experienced Riverside sexual harassment lawyer can help.

Employment lawyers are familiar with a wide variety of cases, many of them centered on sexual harassment. This extensive experience means that they are very familiar with the requirements of a sexual harassment case and will be able to guide you through it. A Riverside sexual harassment attorney will be able to provide you with the necessary information, support, guidance, and resources to ease some of the difficulties of a workplace sexual harassment case.

An experienced sexual harassment attorney will also be able to determine what type of sexual harassment you have been facing and what evidence you may need for a successful case. They can help you compile the necessary evidence, find witnesses to corroborate your story and work with you on all the required paperwork and court appearances that may be necessary. Filing a claim of workplace sexual harassment is a time-consuming and overwhelming process, so it is important to work with experienced, knowledgeable employment lawyers.

What Goes into a Sexual Harassment Investigation?

Sexual harassment investigations are very sensitive and should be handled accordingly. It is essential that all the evidence is presented clearly and analyzed appropriately to come to the proper conclusion. When you choose to pursue a sexual harassment claim in the state of California, there are three phases of the investigation.

The first step is to report sexual harassment to a supervisor, employer, or human resources representative. Once you have filed a formal complaint, they should start an investigation in the workplace. If that investigation concludes and you are satisfied, you can leave the matter alone. If you are not satisfied, however, you can move the case forward.

After an unsuccessful workplace investigation, you can file a complaint with the California Department of Fair Employment and Housing. They will investigate the claim, determine whether the employer handled it properly, and communicate their decision. If you have a case for workplace sexual harassment, they will give you a “right to sue” notice.

Once you receive notice from the DFEH, you can move forward with a legal claim and file a harassment lawsuit. This step will begin the official legal proceedings to resolve your sexual harassment case. When you have reached this step, depending on the specifics of your situation, you may choose to either sue the individual who harassed you or your employer.

How Can You Prove Sexual Harassment?

One of the most important aspects of a workplace sexual harassment case is providing evidence to support your claim. You should begin collecting this evidence as soon as you recognize you are being harassed because it will help you prove your case. Evidence may include recordings or images of inappropriate communication, testimony from witnesses, and documentation of company policy that has been broken.

FAQs

Q: Are Sexual Harassment Cases Hard to Prove?

A: Navigating a sexual harassment case can be difficult emotionally and logistically. Depending on the details of your case and the laws of the state where you are filing the claim, it can be difficult to prove a sexual harassment case. One essential step is to gather as much evidence against the person harassing you as possible. This may include complaints you have made, evidence of inappropriate communication, witnesses to back up your story, and more.

Q: How Do I Sue Someone for Workplace Sexual Harassment in California?

A: In the state of California, there are several key steps you must complete if you want to sue someone for sexual harassment in the workplace. Make sure that you are familiar with any company policies about sexual harassment and that you have collected evidence before you file your claim. If you cannot resolve the situation by reporting it to a supervisor, you may have to take legal action. First, you will file a complaint with your local EEOC office and then seek the help of an experienced sexual harassment lawyer as you move forward.

Q: Can You Report a Solicitor for Harassment?

A: If you are being harassed, you have the right to report the person who is harassing you. As with any harassment case, it is important that you document any interactions that may be considered harassment. Report your complaint to the proper party first, such as a supervisor, but be prepared to take legal action if the situation is not resolved effectively. A sexual harassment attorney can help guide you through the process.

Q: How Long Does a Sexual Harassment Investigation Take?

A: The length of a sexual harassment investigation will be determined by the severity of the harassment and whether legal action is taken. Many employers will aim to complete a sexual harassment investigation as quickly as possible in the workplace. This means that, in ideal circumstances, a workplace investigation will take no longer than 1-2 weeks. If legal action is taken, a settlement may be reached within a few months, but difficult trial cases could take years to resolve.

No one should be made to feel uncomfortable in their workplace. Sexual harassment is particularly difficult to deal with because it can also make an individual feel unsafe at work. If you have reported any form of sexual harassment to your supervisor or the appropriate leadership and it was not given the necessary attention, you may need to pursue legal action. The Law Offices of Corbett H. Williams can walk you through the entire process to provide support, resources, and peace of mind. Contact us today to get started.