Workplaces are supposed to be free from various types of harassment and discrimination, especially sexual harassment. Sexual assault is also prevalent in the workplace, but unfortunately, a lot of it goes undocumented, unreported, and at times, unnoticed. Victims are often fearful of consequences if they report the acts and will do all they can to suppress them. Perpetrators often know this and use it to their advantage, as the company will usually take their side to prevent potential backlash and such. Home Depot is one such company that has had individuals suffer acts of sexual harassment and assault. If you are in need of a California sexual harassment attorney for Home Depot employees, you have come to the right firm. The California Labor Law Employment Attorneys Group can help you sue Home Depot for sexual harassment or if Home Depot wrongfully and illegally fired you after you reported sexual harassment.
How is sexual harassment illegal?
Sexual harassment is illegal thanks to Federal and State laws. The Civil Rights Act of 1964 states that mistreatment, discrimination, firing, and other adverse actions are all illegal if they occur because of someone’s sex. This is rather narrow, though, and some states have additional protections that more clearly define the wrongdoing. California’s Fair Employment and Housing Act states that individuals cannot be mistreated because of their sex, sexuality, gender expression, gender identity, pregnancy, childbirth, sexual orientation, and more.
Because there are different laws, there are also different agencies that handle investigations. If you are going through the state of California, you will be communicating with the Department of Fair Employment and Housing. If you are communicating with the Federal government agency, you will be talking with the Equal Employment Opportunity Commission.
What is sexual harassment at Home Depot?
Sexual harassment can be defined in two ways. The first is what is known as quid pro quo harassment, which translates to “this for that” or “something for something.” In this case, there must be something requested or demanded with the sexual harassment, or there must be a prospect of consequence or negative retaliation. Quid pro quo harassment can only happen when there is a clear power level difference. That is, the harassment must be carried out by a superior, manager, supervisor, or similar individual. If someone at Home Depot is proposing employment or promotions in exchange for sexual favors, he is guilty of quid pro quo harassment, or if a manager or supervisor at Home Depot sexually harassed you.
The other type of sexual harassment involves a hostile workplace environment. Unlike quid pro quo harassment, this does not necessarily involve anyone in a position of power or superiority. The harassment must be unwelcome, which means that it was not sought out or requested. It may even be consensual, if only begrudgingly. Further, it does not need to be personal; you could witness the sexual harassment occur, become uncomfortable or suffer a panic attack, and consequently file a claim. If a supervisor or coworker at Home Depot creates a hostile work environment, you should take action regardless of your role in the situation.
A few examples of sexual harassment or assault include:
- Inappropriate touching by a coworker in sexual areas, or even areas that are not inherently sexual; you may find a coworker comes up behind you and rubs your neck holds you around the waist, which can make you extremely uncomfortable and can be indicative of advances or desires
- Sexual molestation, which is a single instance or repeated occurrence of inappropriate gestures, touching, and more, but it usually is categorized as occurring to minors or children
- A coworker groped you, felt your sexual areas, or aggressively handled you while you were nearby
- Sexually explicit objects were on display in a worker’s office or cubicle
- Someone sent you inappropriate pictures of his or her genitalia, or while they were in suggestive poses, having sexual intercourse, masturbating, and more
- Someone tried to have sexual relations with you, openly asked you for sex requested a date or one night stand, solicited an affair, and more
- Rape, which is the act of being completely taken advantage of, and is more serious than any sexual harassment claim; you should make sure that you get appropriate medical help and that you pursue a sexual assault claim in addition to a Home Depot wrongful termination and sexual harassment lawsuit
If you were sexually harassed by Home Depot or someone working at Home Depot, it can be very hard to move forward and find the courage to take action, especially when there are risks of retaliation. Many individuals who were sexually assaulted are faced with possible consequences if they try to fight back, including:
- Poor performance reviews that are a detriment to promotions or job relocation
- Demotion from a position to a more menial job
- Wrongful termination or the outright firing of you for making a complaint or seeking action
- Docked or reduced wages, such as a cut in your hourly pay or a salary reduction
- Reassignment into a different job area, region, or sector, which can complicate your life and commute or make you a target for termination due to unfamiliarity
- Blacklisting by your company so that other recruiters or businesses will be reluctant to reach out to you or hire you
- Forced overtime or additional hours with no pay or compensation
- Removal of benefits, like health insurance, retirement plan, and more
In addition to these consequences, it is highly likely that Home Depot will retaliate against you by simply firing you or terminating you from your post. It is much easier for them to get rid of you than to try and deal with a lengthy and muddled complaint. When a Home Depot harasses you and retaliates against you, you may find yourself with no job and difficulty getting a new one. If this occurs, you should speak with a Home Depot wrongful termination lawyer.
How can I file a Sexual Harassment Lawsuit Against Home Depot?
To file a Home Depot sexual harassment lawsuit, you will need to gather proof of the harassment and ensure that it stays preserved. This proof can involve the following:
- Photos of any sexual objects
- Copies of memos, messages, emails, texts, and more showcasing the advances or inappropriate statements
- Video footage or security videos showing the harassment
- Copies of complaints outside of the company, such as with the DFEH or EEOC
- Journal of the harassment with specific notes regarding the date, the time, who was involved, where the incident occurred, and more
- A copy of the complaint with your boss or with your HR representative
- Statements and testimonies from coworkers who saw the harassment or assault, or supporting evidence from coworkers who were fired, experienced the harassment, and more
Make sure that you go to the doctor and to the police if you were sexually assaulted or raped. It is illegal for Home Depot to retaliate against you if you file a complaint, but the company will usually try to do so anyway if you make noise. This is why we recommend gathering proof discreetly. You should reach out to one of our Home Depot sexual harassment lawyers in Los Angeles to move forward.
What is the worth of a Home Depot sexual harassment claim or Home Depot sexual harassment class action lawsuit?
Home Depot sexual harassment lawsuits can be worth a fair amount of money if you experienced a lot of damages. Our lawyers will strive to win you the following types of compensation:
- Medical expenses form the assault, if necessary
- Missed wages, benefits, promotions, commissions, and more, as well as future income if you could not return to work or you could not find a job
- Pain and suffering damages to cover emotional anguish, mental trauma, PTSD, anxiety, fear, and more
- Punitive damages if the harassment or assault were deliberate or a result of gross negligence; these damages are meant to punish the individual or company, but they are hard to win, though, as they are often viewed as severe or harsh
Home Depot sexual harassment cases can have an average value of more than $1,000,000 if they involve sexual assaults. Also, class action claims can result in millions of dollars of compensation. A class action lawsuit against Home Depot for sexual harassment can be so large because there are many different people providing evidence and must be appropriately compensated. However, the end compensation amount will be lower overall per person.
You should reach out to a law firm representing victims of sexual harassment against Home Depot. It can be hard to find a Home Depot workplace sexual harassment attorney who is willing to fight for punitive damages or for a class action claim.
How long do I have to sue Home Depot for sexual harassment?
The statute of limitations for sexual harassment cases depends on the agency you are going through. State claims must be filed within 1 year of the incident, while federal claims must be filed within 6 months. It is common for some perpetrators to leave the state, which would allow the statute of limitations to be extended to match the time he returns. Other victims are minors, and they do not have to adhere to the statute of limitations until they turn legal age.
A lawyer who has experience in Home Depot sexual harassment cases can help you determine how much time you have left for your case. If you don’t work with a Home Depot sexual harassment lawyer, you run the risk of missing the deadline to sue. The main reason that many claims are missed is due to the statute of limitations being ignored.
For more assistance, speak with a lawyer who can help sue Home Depot for sexual harassment. The sooner you act, the better preserved your evidence will be, and the more likely it is that your case will succeed.
Los Angeles Home Depot Sexual Harassment Lawyer
If you are in need of a lawyer with experience in Home Depot sexual harassment cases, reach out to the California Labor Law Employment Attorneys Group. Our Home Depot discrimination attorneys are known for being aggressive and for their high rate of success. We have a history of winning millions of dollars for our clients, and we stop at nothing to ensure that justice is served.
Call us today to speak with a Home Depot sexual assault lawyer. We will gladly discuss your case with you, how much it’s worth, and what we can do to help. We will help you pick the best route to proceed so you can maximize your settlement.
If you want to learn more about our zero fee guarantee, a workplace sexual harassment lawyer can help you. We won’t get paid unless and until we win, and the money will come from the settlement we bring you. If we lose, we do not get paid.
Contact the California Labor Law Employment Attorneys Group if you wish to be represented by a Home Depot harassment lawyer.