Sexual harassment is a significant problem in the workplace, one that society is just now grappling with the magnitude of. Employers who harass workers or promote employee harassment based on sex can be required to pay financial damages to victims.
If you believe that your employer has subjected you to sexual harassment, you need to speak to a Costa Mesa employment lawyer from Omega Law Group Accident & Injury Attorneys. Our team has decades of experience between us, and we are committed to putting you first at every stage of your case.
Sexual harassment is illegal, and your employer should be held accountable for creating a hostile workplace. Contact our offices online or give us a call by phone to speak to a sexual harassment lawyer in Costa Mesa.
Why You Need an Employment Lawyer for Sexual Harassment Claims
California has some of the strongest worker protections in the nation. But many employees are ignorant of their protections and don’t know how to go about asserting their rights. Employees may also fear retaliation from their employers if they speak up and try to defend themselves.
Omega Law Group exists to help promote employees’ rights and interests. We can help file a lawsuit against your employer who has created a hostile work environment, and safeguard you from illegal attempts at retaliation.
The sad truth is that many employers mistreat their workers simply because they can get away with it. Our Costa Mesa sexual harassment attorneys are here to hold employers accountable for their misconduct and promote fair working conditions for all.
How Does California Define Sexual Harassment?
Sexual harassment is a type of gender discrimination and can be committed against persons of any gender identity, sex, sexual orientation, or other protected classes. Someone can sexually harass someone of the same gender, and sexual attraction is not required for a behavior to be sexual harassment.
California’s Civil Rights Department defines two main types of workplace sexual harassment:
Quid Pro Quo
Quid pro quo consists of a supervisor conditioning some job action on the performance of sexual favors. For instance, if a supervisor asks an employee for sexual favors in exchange for a promotion, it would count as quid pro quo harassment.
Similarly, it would be quid pro quo if a supervisor requested sexual favors while threatening poor performance evaluations upon refusal.
Hostile Work Environment
The other type of harassment is creating a hostile work environment through unwelcome and offensive comments or conduct. This conduct cannot be a singular instance and must instead be repeated and affect your ability to perform your job duties.
Examples of creating a hostile work environment may include:
- Unwanted sexual advances or nonconsensual touching
- Unwelcome comments on employees’ bodies or clothing
- Repeatedly asking someone out on dates despite refusals
- Making derogatory comments, gestures, or jokes
- Sexually suggestive behaviors or comments
- Displaying sexually explicit material in the workplace
- Deliberately and persistently misgendering coworkers
You don’t need to be the subject of comments or behavior for a behavior to count as harassment. Overhearing derogatory comments about a female employee, for example, may count as harassment, even if the comments weren’t directed at you.
(310) 526-8383Compensation You Can Recover in a Sexual Harassment Lawsuit
With a sexual harassment lawsuit, you may be able to recover compensation for the economic and psychological losses you suffered as a result of the behavior. This may include the following:
- Back pay for lost income or employment contributions you missed (e.g., retirement contributions, PTO, etc.)
- Front pay for future lost earnings if you were wrongfully terminated or passed over for a promotion
- Cost of therapy or counseling to deal with mental distress
- Legal fees and attorney costs
- Emotional distress caused by the harassment
In cases of egregious employer conduct or repeated harassment claims, you may also be able to secure additional punitive damages. These are damages meant to punish your employer and deter future misconduct. Punitive damages in sexual harassment claims in California have no statutory caps.
How Long Do I Have to File a Sexual Harassment Lawsuit in Costa Mesa?
Under the FEHA, you typically have three years to file a harassment complaint with the Civil Rights Department. The three years start from the date of the last act of harassment. Once you file a complaint, the Civil Rights Department will issue a right-to-sue notice. Once you receive that notice, you have one year to file a civil lawsuit in a court.
California used to give sexual harassment victims only one year to sue for damages, but extended the time limit in 2020. This later deadline helps victims seek justice and hold employers accountable for violations.
Contact a Costa Mesa Sexual Harassment Lawyer Today
If you’ve been the victim of sexual harassment, you need a lawyer to defend your rights and interests. Omega Law Group can be your legal advocate and work toward a favorable resolution to your case. We believe that sexual harassment victims deserve justice and will fight tirelessly to balance the scales.
Contact our offices online or call today to speak to a Costa Mesa sexual harassment lawyer.
