Do you work in an environment that makes you feel unsafe or exploited because of your sex, sexuality, gender, or gender expression? If you feel unsafe at work because of sex or gender, your employer might be liable for workplace sexual harassment.
State and federal laws can protect you from harassment and ensure that your employer and harasser remedy the harm they have caused you. If you want to receive maximum protection and maximum relief in a sexual harassment case, speak to a San Francisco sexual harassment attorney at King & Siegel LLP. We combine skill, aggressive representation, and compassionate counsel to help employees who have been unlawfully disrespected by their employers.
Sexual Harassment in the Workplace Is Still a Problem
Even in modern times, unlawful sexual harassment runs rampant across this nation. The National Sexual Violence Resource Center reports that in 2019, 38% of women and 14% of men reported experiencing sexual harassment at work. Many individuals in the workforce have been victims of unlawful sexual misconduct while on the job, but the types of sexual harassment they have experienced vary greatly.
What Is Sexual Harassment?
Workplace sexual harassment is illegal under the California Fair Employment and Housing Act (FEHA) and Title VII of the Civil Rights Act of 1964 (Title VII). If you are having trouble identifying whether the mistreatment you have experienced at work is sexual harassment, let’s take a look at how the law defines sexual harassment and how it can occur on the job.
Under the law, sexual harassment is unwelcome, sex-based conduct that takes one of the following forms:
- Quid pro quo harassment—this occurs when an employee is required to accept unwanted sexual advances in exchange for work benefits; and
- Hostile work environment harassment—this occurs when sex-based conduct from a harasser is so extreme or pervasive that a reasonable person would call the employee’s workplace a hostile environment.
An employee does not have to be the target of sex-based misconduct to have a right to complain. Sex-based harassment at a place of employment can make everyone feel unsafe, and even employees who are bystanders can have standing to sue.
Our experienced San Francisco sexual harassment lawyers have received top-level training to provide the best protection to mistreated employees in California.
Sexual Harassment Examples
Despite what you may have heard, sexual harassment does not have to be motivated by sexual desire to be illegal. There are many sex-based behaviors that are actionable harassment under the law, including:
- Offensive jokes,
- Insults,
- Name-calling,
- Promises of work benefits for sexual favors,
- Unwanted requests for romantic encounters,
- Displays of offensive sex-based images,
- Non-consensual touching,
- Following employees too closely,
- Threats of punishment for refusing sexual advance,
- Stereotyping comments about sex or gender,
- Offensive gestures,
- Explicit comments about sexual activity,
- Sharing offensive images or digital content that demeans individuals based on gender or sexuality,
- Excluding groups of people because of their gender or sex,
- Repeatedly dismissing or interrupting colleagues of a specific gender,
- Making unwelcome remarks about someone’s clothing or appearance based on gender norms,
- Denying promotions or training opportunities based on gender identity or expression, and
- Spreading rumors about someone’s personal relationships to undermine their credibility.
Victims of sexual harassment can file legal complaints or lawsuits against their employers and harassers to recover financial damages and other relief. If you sense sexual harassment at your work, you should immediately speak to one of our skilled attorneys to help ensure that you are properly protected from its harmful effects.
What Are the Signs of a Toxic Workplace Culture?
A toxic workplace culture often affects multiple aspects of employee well-being and performance, contributing to harassment. Micromanagement, for example, can foster stress and fear, leaving employees feeling undervalued and unable to speak up about misconduct.
Similarly, favoritism in promotions or rewards can create an environment of resentment, fostering unchecked power imbalances.
Another significant indicator is a lack of work-life balance. When employees are consistently overworked or expected to remain accessible outside regular hours, it signals a disregard for their personal boundaries and well-being. This can exacerbate feelings of vulnerability, especially for those already experiencing harassment.
Recognizing these signs is critical for employees and employers who aim to cultivate a positive work environment. Addressing systemic issues such as poor management practices and imbalanced power dynamics can prevent toxic behaviors from taking root and ensure a culture that prioritizes respect and inclusivity.
Workplace Training and Prevention
Employers are also responsible for prioritizing workplace culture by implementing effective training programs, enforcing anti-harassment policies, and cultivating an inclusive environment that deters harmful behaviors. These may include:
- Annual training requirements—California mandates annual sexual harassment training for supervisors and employees;
- Clear reporting policies—employers must provide clear guidelines on reporting harassment; and
- Culture of accountability—creating a workplace culture that prioritizes respect and inclusivity can prevent future issues.
If your employer fails to meet any of these obligations, you may have grounds for legal action.
Steps to Protect Yourself
If you suspect you are being subjected to sexual harassment at work, here are critical steps to take:
- Document every incident. Record dates, times, locations, and the individuals involved. This information strengthens your case should you choose to pursue legal action.
- Report the behavior. Notify your HR department or supervisor. If the harassment continues or isn’t addressed, escalate to external resources like the EEOC or DFEH.
- Seek emotional support. Experiencing harassment can impact mental health. Consider professional counseling or support groups to address emotional distress.
- Involve witnesses. Witnesses can strengthen your case by validating claims and showing how harassment impacted the workplace. California law allows bystanders to file complaints and will protect them from retaliation for their involvement.
- Consult an Attorney. Immediately contact a San Francisco sexual harassment lawyer to help ensure that you are properly protected.
Taking action against workplace harassment can feel intimidating, especially when it involves confronting colleagues, supervisors, or HR personnel. However, delaying action may allow harmful behaviors to escalate, impacting not only your well-being but also the overall workplace environment. Acting promptly by documenting incidents and seeking guidance can strengthen your case and set a precedent for accountability.
It’s also important to remember that you are not alone in addressing harassment. Many employees face similar challenges, and external resources, such as legal advisors and support organizations, can provide essential guidance. By being proactive, you can protect your rights and contribute to creating a safer, more respectful workplace for others.
Filing a Legal Complaint
There are several avenues to legal relief for victims of sexual harassment. A sexual harassment victim can seek remedies from their employer and harasser by doing the following:
- Filing a sexual harassment charge with the U.S. Equal Employment Opportunity Commission (EEOC),
- Filing a civil lawsuit in federal court,
- Filing a sexual harassment complaint with the California Department of Fair Employment and Housing (DFEH), or
- Filing a civil lawsuit in state court.
If you choose to sue, you must first initiate a legal action with the EEOC or DFEH to receive notice from either agency that you have a right to sue in court. A skilled Bay Area sexual harassment lawyer can help expedite your right-to-sue notice.
Potential Outcomes of a Lawsuit
In a government complaint or civil lawsuit, you may have the opportunity to win several remedies, including:
- Economic damages to compensate you for any financial losses related to the harassment,
- Non-economic damages to pay you for any emotional harm you suffered because of the mistreatment,
- Job or benefit reinstatement for any punishment you endured because of your sex or gender,
- Policy changes at work to address your employer’s or harasser’s misconduct,
- Punitive damages to punish your employer or harasser if their behavior was particularly abhorrent, and
- Legal costs to cover complaint-related legal expenses such as attorney fees and expert witness fees.
Even if your employer admits to a legal violation and agrees to settle, they may try to undermine the value of your case. Having the aggressive representation we provide at King & Siegel is crucial to helping you recover the maximum amount of relief.
Time Limits for Taking Legal Action
You have 180 days to file a discrimination charge with the EEOC, and you have three years to file a complaint with the DFEH. Also, only employers with 15 or more employees are subject to Title VII, but employers of any size are subject to sexual harassment claims under FEHA.
The best course of action for your legal claim depends on the specific details of your case. Our knowledgeable lawyers can guide you through the legal process, identify the best strategy for your circumstances and needs, and take timely legal steps to recover what you deserve.
King & Siegel Can Help
When an employer betrays you, you need a good advocate in your corner. We provide top-notch advocacy and counsel at King & Siegel. Our lawyers were educated at top-five law schools and trained at the best firms in the nation.
Now, we have come together to provide award-winning representation to employees in the Bay Area. We know how to safeguard your rights.
If your employer has mistreated you, don’t be afraid to ask for help. We want to hear your story. You can Call us or contact us online for a free consultation. You pay only if we win.
Our experienced legal team also handles other types of employment law cases, including cases surrounding:
- The Equal Pay Act,
- Medical & Disability Leave,
- Stock Disputes,
- Wrongful Termination,
- Whistleblowers,
- Wage & Hour Violations, and
- Workplace Retaliation.
FAQs
What Happens During an EEOC Investigation?
The EEOC collects evidence, interviews witnesses, and determines whether harassment occurred. It may then offer mediation or issue a right-to-sue letter.
Can I File a Complaint Anonymously?
While anonymous complaints are difficult to pursue legally, you can submit informal complaints to your HR department or through anonymous workplace reporting channels.
Can Men or Non-Binary Individuals File Sexual Harassment Claims?
Absolutely. Sexual harassment laws protect all individuals, regardless of their sex, gender, or gender identity.
Can My Employer Be Held Liable for Harassment by a Client or Third Party?
Yes, employers can be held liable for harassment by clients, vendors, or other third parties if they fail to take reasonable steps to address the behavior after being made aware of it.
Can I Pursue a Claim If I Signed a Confidentiality or Arbitration Agreement?
Yes, California law now limits employers’ ability to enforce mandatory arbitration clauses in harassment cases, providing greater access to court proceedings for victims.
What Happens if I File a Complaint and the Harassment Doesn’t Stop?
If harassment continues after you file a complaint, it may strengthen your case. Document everything, and consult with a sexual harassment attorney immediately to explore further legal options.
Do I Need To Quit My Job to Pursue a Lawsuit?
No. Many victims continue working while seeking legal remedies. It’s illegal for your employer to retaliate against you for exercising your right to pursue a sexual harassment claim.
How Long Does a Sexual Harassment Lawsuit Typically Take?
The timeline for a sexual harassment case varies depending on its complexity, the availability of evidence, and whether it settles or goes to trial. Some cases are resolved in months, while others may take a year or more.
How Much Does It Cost to Hire a Sexual Harassment Attorney?
At King & Siegel LLP, we work on a contingency fee basis. You pay nothing upfront and only pay if we win your case.