Employers should make sure that their workplaces are completely safe for all their workers. This does not only include physical safety and ensuring that there are no dangerous staircases or slippery surfaces; it also includes any potential dangers from other individuals in the form of harassment or assault. Workers may be targeted and harassed by various people, including other workers and clients or customers. Sexual harassment is among the worst forms of harassment, as it is often predatory in nature and carried out against helpless or defenseless victims. Perpetrators of sexual harassment may not always be reprimanded, either. It is crucial that victims of sexual harassment at work take necessary legal steps to punish those responsible and pursue their worthwhile financial compensation. Our law firm, the California Labor Law Employment Attorneys Group, can provide you with a Los Angeles sexual harassment attorney to litigate your case for you.
What Is Sexual Harassment?
Sexual harassment can happen to anyone. It is not limited to women – it can be carried out by any gender towards any gender. It is offensive behavior or actions that are sexual in nature and make you feel uncomfortable, violate your personal space, harm you, or otherwise have a negative impact on you. Harassment occurs without consent and can last weeks or months, especially if no action is taken to correct the problems or if the perpetrator is persistent and evades punishment. We have included some of the most common sexual harassment complaints below. If you have been affected by any of these actions, you may have grounds for a lawsuit:
- Inappropriate touching
- Suggestive facial expressions (winking, blowing kisses, tongue-wagging)
- Sending or requesting explicit photos
- Requesting sexual favors
- Making sexual jokes
- Constantly bringing up sex and sexuality in discussions
- Repeated requests for dates or for sex
- Using pet names to address anyone
- Telling sexually explicit or suggestive stories
- Touching oneself sexually in front of a victim
Victims of sexual harassment may not even be the primary targets. If you witnessed sexual harassment and it caused you to become extremely uncomfortable or if it triggered an episode of depression or social anxiety due to a previous assault or encounter, you could also take action. You may also not feel as though some action constitutes sexual harassment, especially if the environment of your workplace does not take any steps to prevent it.
It is crucial that you speak with a Los Angeles sexual harassment attorney if you wish to pursue a legal claim.
What Are Some Sexual Harassment Laws?
Although sexual harassment and assault are already parts of federal law when they pertain to civilians and civil claims, they are also integrated into the employment system. Title VII of the Civil Rights Act of 1964 expressly forbids discrimination based on sex and gender. This includes sexual harassment against all individuals by workers or those involved with a workplace.
Your employer is generally liable for the safety of the workers. If your employer does not take steps to protect you, he is failing in his duty. The harassment can occur by various parties, such as:
- Workers from different branches of parts of a company
- Third-party contractors and workers
There are different degrees of liability with sexual harassment laws. For example, strict liability means that there does not need to be a discovery of fault or an intent of harm from the party in order for the defendant (your employer) to be held liable.
Strict liability is generally present in sexual harassment cases when there is a degree of hierarchical separation between the parties, such as a temp worker and a manager, a CEO and a seasonal worker, or even a supervisor and a regular employee. This is often seen in requests for sexual favors or exchanges of work for sex. Regular liability is at play when the workers are of equal status or when there is no control over the situation (as with customers.
If you have questions about the potential liability of your employer after a sexual harassment incident, contact our sexual harassment attorneys in Los Angeles for more assistance.
What Should I Do If I Were Sexually Harassed At Work?
It can be hard to get through sexual harassment at work, especially if the mistreatment is ongoing. Your career and life may both be heavily impacted by the discrimination, and you may even be afraid of injuries if the perpetrator does not relent and you continue to rebuff his advances or complain about his actions. If you were harassed at work, you should follow this procedure. Not only will it adequately prepare you for a lawsuit, but it may prevent the harassment from continuing.
Too often, victims do not speak up, whether out of fear or losing their jobs, being labeled as liars, or other reasons. You should tell the perpetrator to quit the harassment and that you feel uncomfortable by his actions and words. This can be quite effective in a crowd or in a common or public area. He may be embarrassed enough to quit. Persistent harassers, though, will likely continue, sometimes with more care as to who sees them acting illicitly.
You should complain to anyone who can potentially put a stop to the harassment. Bosses and supervisors could exercise control over coworkers or potentially even fire them, while CEOs, district managers, and other elevated figures can deal with your immediate superiors. If you still feel that you do not have anywhere else to turn, you could go to your Human Resources department for more assistance. Keep in mind, though, that HR is present to keep the business safe and not to protect employees – HR representatives act in the interest of the company, and a sexual harassment complaint could backfire against you.
You should keep as much evidence of the harassment as you can. This will give ample reason to punish the defendant. Your evidence can include photos, videos, recordings, emails, text messages, voice mails, journals, and more.
It is highly recommended that you get supporting and corroborating evidence from coworkers, clients, or others who were affected by or saw the harassment occur. These additional statements and testimonies can greatly benefit your case.
With the help of a sexual harassment attorney in Los Angeles, you could gather your evidence and have it submitted to the necessary entity for consideration. Our lawyers have handled hundreds of sexual harassment cases and we are adequately prepared to litigate your claim. You likely lack the legal experience and knowledge required to succeed with your case. It is highly recommended that you employ the help of an attorney; you should not have to worry about the legal aspects, you should merely focus on dealing with and getting through the trouble of the incidents.
How Long Do I Have To File A Sexual Harassment Claim?
If you wish to file a discrimination claim, you have to go through the Equal Employment Opportunity Commission (EEOC) first and submit a complaint to them. They will then investigate. You have 180 days to file this claim. However, if there is a state agency, you have to adhere to the limits set by that agency. In California, that agency is the Department of Fair Employment and Housing (DFEH). The DFEH requires you to submit a complaint no later than 300 days after the incident happens.
Once the investigation by the agency has completed, they will determine if there is reason enough for you to file a lawsuit. They will then send you a letter that allows you to sue. You will have one year from the date on this letter to sue your employer.
Many people miss out on claims because of these deadlines. It does not help that there are so many exceptions and different guidelines. For example, lawsuits against federal agencies have a hugely decreased statute of limitations and often must be taken to court within 45 days of the incident. Bear in mind that if you do not file a claim within this time period, you will be unable to do so in the future and will be prevented from earning any compensation at all.
For more details, call our Los Angeles sexual harassment attorneys today. We’ll be sure to get your claim into the right hands within the appropriate time frame.
What Can I Receive From A Sexual Harassment Claim?
Victims of sexual harassment claims can receive numerous types of compensation for their damages. We will make sure you receive the following:
- Lost income from the past and future, including promotions, benefits, commission, and more
- Emotional pain and suffering, like fear, PTSD, anxiety, psychological scarring, and more
- Reinstatement into your old position, transfer into a new position, and other similar employment choices
- Punitive damages if your employer acted in a particularly egregious manner, was grossly negligent, or intended to hurt you with his actions
- Medical expenses if you were assaulted, raped, or harmed from the harassment in any way
You should not be expected to cover these damages if your employer had the ability to prevent the sexual harassment and took no action to do so. Talk with a Los Angeles sexual harassment attorney today for more assistance. We will work around the clock to get you the maximum compensation available for your case.
The Right Choice for Your Case
The California Labor Law Employment Attorneys Group has handled dozens of sexual harassment claims and brought millions of dollars in restitution to our clients. We will aggressively pursue your rightful compensation, and if we need to go to court to win your case, we are prepared to do so. Your rights should not be violated in the workplace, and we will strive to change the atmosphere as best as we can in addition to securing you the compensation you need.
Contact our firm today for a free legal consultation. All consultations are completely confidential; none of your private or personal details will be shared elsewhere, and no one wil know your case information or intentions. We will provide you with all the legal help you need and will make sure you are adequately informed.
By selecting us to represent you, you will receive our zero fee guarantee. This states that we won’t get paid unless and until we win, and the money will come out of the settlement from your employer. If we lose, we eat the costs of the case. At no point throughout the process do you use your own personal savings.
Reach out to our Los Angeles sexual harassment attorneys today for more assistance.