Sexual Harassment Lawyer

What Is Workplace Sexual Harassment?

As defined by the State California Department of Justice, workplace sexual harassment refers behaviors that create an intimidating, hostile, or offensive work environment based on sex. This definition encompasses both unwelcome sexual advances as well as other sexually visual, verbal, or physical conduct. Conduct doesn’t have to be sexually motivated to be determined offensive under California law — discrimination can also can also be based on other protected sex characteristics:

• Actual or perceived sex or gender identity
• Actual or perceived sexual orientation
• Pregnancy
• Childbirth
• Related medical conditions

Workplace sexual harassment can involve harassment of an employee who has the same protected sex characteristics as the harasser, regardless of either party’s gender identity or sexual orientation.

Types of Sexual Harassment: Quid Pro Quo vs. Hostile Work Environment

There are two main types of sexual harassment in the workplace — quid pro quo harassment and hostile work environment harassment.

Quid Pro Quo Sexual Harassment

Quid pro quo translates to “something for something.” In the workplace, quid pro quo sexual harassment refers to the explicit or implicit leveraging of a job, promotion, negative outcome, or advantages based on an employee or applicant’s submission to sexual advances or other offensive conduct based on sex. The harasser in these cases is often a supervisor, manager, or a person in a similar role of authority over the employee, but they can also be other employees, clients, or contractors.

Hostile Workplace Sexual Harassment

Hostile workplace sexual harassment is when unwelcome conduct based on sex unreasonably interferes with an employee’s work performance or creates an intimidating or offensive work environment. In some circumstances, someone can experience a hostile workplace environment without the harasser discriminating against them directly.

To be considered unlawful, this type of sexual harassment typically must be shown to be severe or pervasive. Isolated acts can qualify as hostile workplace sexual harassment, but it may not be sufficiently severe to be determined unlawful.

Examples of Sexual Harassment at Work

The definition of sexual harassment at work covers many forms of offensive conduct. See these examples:

• Unwanted advances: Persistent requests for dates or sexual favors, unwanted physical contact, impeding or blocking movements, or excessive attention at work.
• Sexual comments: Graphic conversations and jokes that make the recipient uncomfortable, such as discussing physical appearances or innuendos.
• Derogatory speech: Comments, jokes, or slurs that degrade the recipient or others.
• Digital harassment: The use of technology for inappropriate conduct, such as sending emails or messages, sharing intimate images, or making inappropriate advances online.
• Sharing sexually suggestive materials: Displaying or sharing sexually suggestive pictures, cartoons, objects, or posters.
• Other nonverbal harassment: Leering, staring, making sexual gestures, or touching someone in a manner that makes them feel uncomfortable or threatened.
• Offers or benefits in exchange for sexual favors: Granting jobs, promotions, raises, or other employment benefits to coerce sexual favors.
• Retaliatory behavior: Terminating employees, reducing hours, providing poor performance reviews, or other negative consequences in response to rejection.

Your Rights Under California Law

California law protects employees, applicants, unpaid interns, volunteers, and contractors from sexual workplace harassment. Employers have a duty to take reasonable steps to prevent harassment, respond to complaints, conduct fair investigations, and correct unlawful conduct when it occurs.

Employees have the right to report harassment without the threat of retaliation, such as termination, demotion, or reduced hours. They may choose to file a complaint with the California Civil Rights Department (CRD) or file a lawsuit after receiving a Right-to-Sue Notice. In general, employment discrimination complaints must be filed with CRD within three years of the alleged discriminatory act.

How to Prove a Harassment Claim

To prove a harassment claim, a plaintiff must show that they were subjected to unwelcome conduct or advances, the harassment was based on sex or a protected sex characteristic, and the conduct was severe or pervasive enough that a reasonable person would find the work environment hostile, intimidating, abusive, or offensive. They must also demonstrate employer responsibility for negligence, strict liability for supervisor conduct, or failure to take immediate and appropriate corrective action after learning about harassment.

If your company has a sexual harassment policy, it’s important to follow its procedures, make complaints in writing, and keep detailed records of harassment. Failure to report conduct, missing records, incomplete timelines, or deleted messages may make the claim harder to prove.

The types of evidence used to prove a harassment claim may include:

• Harassment reports to supervisors or human resources
• Videos, photos, or audio recordings of the harassment
• Copies of inappropriate messages or comments
• Colleague witness accounts
• Pay stubs
• Communication records
• Incident logs
• Medical records

What Compensation Can You Recover?

Compensation in a workplace sexual harassment claim depends on the harm you suffered and the economic or noneconomic damages associated with the harassment. Claims may also consider whether the employer or harasser acted with malice, oppression, fraud, or reckless disregard for your rights. A claim may also seek nonfinancial remedies, such as policy changes, training, reinstatement, or other corrective actions designed to address the misconduct.

Potential compensation may include:

• Lost wages due to wrongful dismissal or retaliation
• Reduced earning capacity
• Past and future medical expenses
• Mental health damages
• Emotional distress
• Physical harm
• Pain and suffering
• Punitive damages

How a Lawyer Can Protect You

A lawyer from Jacob Emrani can evaluate what happened, identify the potentially liable parties, and organize and preserve evidence. Legal support reduces the risk of missed documentation, unclear reporting, or communication mistakes that may weaken your claim.

Your lawyer can communicate with the employer, insurance carriers, opposing attorneys, and state agencies on your behalf. They can also calculate your financial losses, document emotional and physical harm, prepare your claim for negotiation, and file a lawsuit if settlement discussions fail to produce a fair outcome. Throughout the process, your legal team works to protect your privacy, employment interests, and right to seek compensation.

Get Legal Support for Workplace Harassment

Workplace sexual harassment can have life-changing consequences, but a sexual harassment attorney can help you navigate the complex legal process. Contact us at Jacob Emrani to learn more about how our lawyers can help you pursue fair compensation.