Sexual harassment continues to be a leading source of labor law complaints in all sectors of employment throughout California. As attorneys fighting for abused workers, we know that many instances of harassment are not dealt with appropriately by the employer. Victims are also afraid to lose their job or face some other measure of punishment if they speak out against sexual harassment.
However, there is no denying that workplace harassment complaints are complex and difficult cases. Hence, even when someone is brave enough to file a formal complaint, proving a case for sexual harassment at your job is tough to accomplish on your own. That’s why victims should contact a Sacramento sexual harassment attorney for immediate assistance.
Federal Laws Prohibiting Sexual Harassment
Under Title VII of the Civil Rights Act of 1964, sexual harassment is defined as a form of workplace discrimination. This legislation also prohibits discrimination against workers based on characteristics like race, religion, age, and sexual orientation. In addition, you have laws at the state level that define sexual harassment and punishments for employers that fail to protect workers from this type of treatment.
Employers, for example, can be sued for monetary damages, particularly in cases of quid pro quo, meaning that the harassment is based on the promise of something, like a promotion or special treatment in exchange for sexual favors. Employers can also face punitive measures if sexual harassment is part of a toxic work environment, meaning that workers are constantly subjected to offensive, unwelcome, and/or intimidating behavior.
For more information on legal protections from sexual abuse in the workplace, talk to a sexual harassment lawyer in Sacramento.
What Constitutes Sexual Harassment?
Sexual harassment refers to a variety of actions that can range from physical contact to virtual chats. Most cases involve sexual comments, though the nature or the remark does not need to be explicit. If there is physical contact, it does not have to be as obvious a sexual assault, though it should be suggestive enough to where the average person would see it as inappropriate. The conduct also takes place without consent, or it continues even though the victim has clearly asked for it to stop.
For the most part, sexual harassment cases may include some or all of the following:
- Sending of unsolicited texts, photos, emails, and other communications that are sexual in nature
- Phone calls where the victim is made to feel uncomfortable due to sexually explicit information or requests for sex.
- Demanding sexual favors in exchange for not subjecting the victim to adverse employment decisions, like firing or demotion
- Requesting sexual favors in exchange for favorable work opportunities and privileges
- Whistling, cat calling, and sexual gestures
- Masturbating and other acts of sexual gratification within view of the victim
Harassment Cases that Involve Sexual Assault
At some point, sexual harassment on the job can escalate to sexual assault, which includes acts such as sexual groping, rape, and attempted rape. Many of these cases are associated with retaliation, meaning that the abuser is using the assault as a way to punish the victim for saying no to requests for nude pics and other sexual content. Or, the employee may have filed a complaint with Human Resources, which angered the perpetrator. Another possibility is the use of sexual assault to send a message – essentially, an attempt to silence the victim and keep them from filing a complaint.
What to Do if You are being Sexually Harassed
Sexual harassment is an excruciating experience, considering that you probably have to deal with the abuser on a frequent basis, and it’s likely that they have considerable influence over your job. Whether you choose to take legal action is entirely up to you. But it’s important to document what you are going through and establish evidence right from the start. That’s why you should take the steps listed below:
- First and foremost, ask the harasser to stop doing whatever it is that makes you uncomfortable. It’s best that you do this in writing and keep a copy of the message / letter for your own records.
- Notify your supervisor and Human Resources if the person does not stop harassing you. It’s likely that this is a requirement set by your employer, and you want to make sure that you attempt to resolve the issue internally before going to a lawyer or a state / federal employment agency.
- Make sure to document the incidents of harassment, like keeping a written log, saving any incriminating texts, emails, photos, voicemails, and other forms of communication.
- Witness statements can be highly beneficial if there are coworkers that saw the mistreatment towards you or suffered sexual harassment themselves.
Finally, sexually harassed employees in Sacramento should contact a law firm that specializes in sexual harassment complaints. We can help you collect evidence and file the needed paperwork with agencies like the California Department of Fair Employment and Housing (DFEH). You must do this in order to obtain permission for a lawsuit, which we can also take care of on your behalf.
Statute of Limitations for Sexual Harassment Cases
There is more than one deadline that you must be aware of if you plan on taking legal action against your employer for sexual harassment. First, a complaint filed with the DFEH has a deadline of 300 days from the incident date. Once the agency investigates the allegations and finds that there is credible evidence to go ahead with a lawsuit, you will receive what is known as a Right to Sue letter. From the date on the letter, you have 1 year to file a sexual harassment lawsuit.
An exception exists for employees of the federal government, as the deadline for a sexual harassment claim is only 45 days. This is one of several circumstances that can change how much time you have for a lawsuit. A discussion with a Sacramento sexual harassment lawyer can help you narrow down just how long you have for a compensation claim if you were sexually harassed at your job.
Damages Paid to Sexual Harassment Victims
If you are eligible for a sexual harassment lawsuit, you can receive compensation in the form of economic and non-economic damages. Here are the potential payments that we can recover:
- Value of lost income, such as back and front pay, commissions, healthcare premiums, sick pay, and retirement contributions
- Compensation for psychological damage caused by sexual harassment (emotional distress and pain and suffering)
- Medical expenses for any physical injuries or health conditions resulting from sexual harassment / assault, along with mental health counseling, medications, and other treatments
- Reinstatement of your old position if you are willing to continue working for the same employer. Understandably, most claimants do not choose this option.
- Punitive damages if the level of sexual harassment is particularly outrageous or malicious (these payments are only available if there is a trial)
Contact California Labor Law Employment Attorneys Group
Sexual harassment is unacceptable, yet there are many incidents where victims are unaware of their rights. That’s why our legal experts are here for you, 24 hours a day, 7 days a week. If you need more information on what you can do as a victim of sexual harassment, don’t hesitate to give us a call.
A Sacramento sexual harassment lawyer is ready to represent you for $0 out of pocket. We offer legal services under the Zero Fee Guarantee, so there is nothing for you to pay until the recovery of your settlement. If you don’t receive payment form a successful claim or lawsuit, you pay us $0.
As you can see, there is nothing to lose by reaching out and scheduling a free, private consultation.
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