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sexual harassment attorneys in Fremont

According to the U.S. Equal Employment Opportunity Commission (EEOC), more people filed charges of workplace sexual harassment between 2018 and 2021 than in the previous four-year block. This increase came on the heels of the MeToo movement. Sexual harassment charges are also growing as a percentage of all charges filed to the EEOC. Between 2018 and 2021, women filed 78.2% of charges against companies. The most common charge was improper firing.

In this timeframe, the EEOC recovered almost $300 million for victims of workplace sexual harassment. The amount recovered is a vast increase over the period between 2014 and 2017. In 2021 28.6% of sexual harassment charges were resolved in favor of the worker.

Everyone deserves to be able to work in a space that is free of all forms of sexual harassment. Though progress has been made due to the MeToo movement and countless victims sharing their stories, much more work needs to be done. Employers must be held accountable for enabling office environments where sexual harassment is commonplace.

If you are a victim of workplace sexual harassment, Fremont sexual harassment attorneys can help you hold your employer accountable. Seeking accountability can help ensure a safe work environment for yourself and everyone else.

I don't have words to thank you the king and Siegel team worked so hard on my case during the pandemic and I am so grateful and proud of my outcome with them. They are reasonable and reliable. Those you can trust .. everytime I had a question they would answer it I recommend them 100 percent.. am so thankful for the team .. my worries and stress are over .. a huge weight over my shoulder was lifted and was able to help my family during this hard time thank you so much king and Siegel team..
Vanessa Ponce
Vanessa Ponce
March 8, 2022
I was really nervous about hiring a lawyer but Julian and everyone in her office made the process as stress-free as it could be. She is kind, reassuring and confident and that helps make the process feel less scary. she also knows what kinds of outcomes are reasonable and will explain in detail why, and has a plan to get there. I cannot recommend her more highly.
Ines Martinez
Ines Martinez
March 8, 2022
I had the pleasure of being represented by this wonderful office and their attorneys! They were very quick about answering any questions and most times explained things so well that my questions were answered before I got the chance to ask them. I had an amazing experience, everyone is kind and very attentive to your wants and needs. A case can be very stressful and they did a great job at keeping me sane and comfortable through the entire process. I recommend them 100%.
Adrianna Sells
Adrianna Sells
October 25, 2021
This in an incredibly professional and responsive firm. There was an ease about getting initial information, scheduling, and working with their talented team. While I found it to be true of everyone that I encountered here, it was Julian Burns King that really went above and beyond. Her expertise, experience, and knowledge of employment law and its many facets coupled with her empathy and compassion for her clients, is truly one of a kind. I would absolutely recommend King & Siegel to anyone in need of legal advice or representation.
Jeri Mares
Jeri Mares
October 12, 2021
Everyone at this firm was so helpful, supportive, and nice. The settlement I got changed my life and working with them was as good as a lawsuit could possibly be. I am so glad I found them for my wrongful termination suit.
Evelyn A
Evelyn A
September 25, 2021
I’m glad I trusted the team of King & Seigel to handle my case they are the definition of professionalism. They were honest and very upfront with the process and kept me informed every step of the way not to mention I’m more than happy with the results. Thank you again to the team of King and Seigel.
Ramon Rodriguez
Ramon Rodriguez
December 9, 2020
Julian & Elliot are very good lawyers and I am glad I trusted them with my case. When I hired attorneys, I didn't know what to look for, but I am glad I found them. They were always attentive to my case and I never felt lost even though I did not have any prior experience with litigation. Ultimately, they got a result I was happy with and I am so glad I had them to help me put this experience behind me. You would be lucky to have them in your corner.
Ryan J
Ryan J
August 5, 2020
I would like to thank this amazing duo and their staff for taking care of my friend and I. They were patient and polite, very prompt, and always professional! Thank you all so much! 💜
Yanni Boo
Yanni Boo
July 15, 2020

Defining Workplace Sexual Harassment

The definition of workplace sexual harassment differs based on which laws are implicated. Federally, the definition is based on Title VII of the Civil Rights Act of 1964. Under California Law, the Fair Employment and Housing Act provides the basis for the definition of illegal sexual harassment.

Federal Definition

EEOC guidelines point to two types of workplace sexual harassment—quid pro quo and hostile work environment. These types of sexual harassment often go together.

Quid pro quo

A quid pro quo happens when unwelcome sex-based conduct is explicitly or implicitly tied to employment conditions. A far too common example is when a boss makes a sexual advance, implying that the subordinate will lose their job if the advance is not accepted.  

Hostile work environment

A company is responsible for creating a hostile work environment when a worker or workers feel unsafe due to harassment or discrimination. A workplace where inappropriate jokes are tolerated or encouraged is an example of a hostile workplace.

California Definition

The State of California Department of Justice defines sexual harassment as “both unwelcome sexual advances, or other visual, verbal, or physical conduct of a sexual nature and actions that create an intimidating, hostile, or offensive work environment based on an employee’s sex.”

This definition is broader than the federal definition used by the EEOC. Further, California law requires employers to take proactive steps to prevent sexual harassment. 

Types of Workplace Sexual Harassment

Sexual harassment can take many forms in the workplace. Common examples of illegal sexual harassment include: 

  • Stereotyping based on sex or sexual characteristics,
  • Sexual propositions,
  • Use of sexually derogatory terms,
  • Spreading sexually illicit rumors,
  • Inappropriate touching of one’s self or others,
  • Using obscene gestures, 
  • Displaying offensive images,
  • Inappropriate jokes or comments, and
  • Unwelcome advances.

These behaviors can create a hostile work environment for one or more employees. In California, employers must prevent workers from engaging in these acts in any employment setting.

Steps to Take If You Are a Victim of Workplace Sexual Harassment

If you are a victim of workplace sexual harassment, it is critical to follow the correct steps. Doing this will help you prove your claim and hold your employer accountable.

1. Tell the Offender to Stop

The first thing you should do is tell the offender to stop engaging in the harassment. If you are uncomfortable doing so yourself, you can ask a third party to step in and tell the harasser to stop for you. Sometimes this step alone will solve the problem.

2. Keep Records of Everything

Keeping records of everything will help you prove your claim. Write down what is happening. Be sure to include names, dates, times, and a detailed description of the wrongful behaviors. Also, save every report and correspondence connected to the harassment. It can help to tell a trusted friend or advisor about the conduct. Store any evidence you have in a safe place away from the office.   

3. Provide Your Boss or HR with a Written Complaint

File a sexual harassment complaint with your boss or HR department. You should provide a written complaint and save a copy in your records.

4. Go Through Your Company’s Resolution Process

In California, companies must have a written sexual harassment policy with a set reporting process. Follow the company’s process so long as it is reasonable. Allowing your company a chance to resolve the situation will show you are working with the company in good faith. It will also make clear that the company knows of the harassment. If the company does not take adequate steps to stop the harassment, your claim will be much stronger.

5. File a Report with a Government Agency

If your company’s internal policies do not solve the problem, report the harassment to the EEOC or the California Department of Fair Employment and Housing (DFEH). Make sure you meet any filing deadlines. A sexual harassment lawyer can help you file your report.

6. Contact a Lawyer to Learn More About Your Rights

Fremont sexual harassment lawyers will help you understand more about your rights in the workplace. They can also help you determine what to do if resolution processes are not working.

7. File a Lawsuit Against Your Employer

You may need to file a lawsuit against your employer if all else fails. To file a lawsuit, you must wait for a right-to-sue notice from the EEOC or DFEH. You will have 90 days to sue after a notice from the EEOC or one year after a notice from the DFEH.

Call King & Siegel

If you are the victim of workplace sexual harassment, our Fremont sexual harassment attorneys at King & Siegel can help. Our experienced employment attorneys provide aggressive and personalized advocacy for our clients. We know how emotionally charged and complicated harassment lawsuits can be. Our attorneys graduated from some of the nation’s top law schools and use the same aggressive, passionate, and effective approach that big business legal teams use. Contact King & Siegel today so we can help you hold your employer accountable.

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