Sexual harassment is a serious issue across California and the entire country. If you’ve experienced this kind of harassment, especially in a work environment, you may feel traumatized, overwhelmed, and unsure what to do next.
A sexual harassment lawyer in Fresno has the experience and knowledge to provide legal guidance and support in these very serious situations. They’ll ensure that your rights are protected through the process if you choose to move forward with legal representation and action.
At Omega Law Group Accident & Injury Attorneys, we have decades of experience between us. We can be a starting point for you to recover and move forward with your life and work while we focus on the legal side of things. Not sure about your rights or your situation? Reach out to our firm for a free case consultation with a Fresno employment lawyer today.
Am I Protected if I Pursue Legal Action for Sexual Harassment?
One of the first questions you may have if you’ve experienced sexual harassment at work is whether you are protected from losing your job. This may be especially true if you are taking action against someone who is in a more senior-level position than you.
Fortunately, California law has protection in place for all kinds of employees who speak out and begin an investigation into their workplace. Full-time employees, part-time workers, temporary employees, interns, and independent contractors may all have legal protections depending on the situation.
Workers in California are protected from sexual harassment, discrimination, and retaliation in the workplace through the California Fair Employment and Housing Act (FEHA). This law also makes it illegal for an employer to punish, fire, demote, or retaliate against someone for reporting or standing up against inappropriate workplace behavior.
Types of Sexual Harassment in California
Sexual harassment in California can fall under several categories. Here are the most common that are recognized in Fresno and the rest of California:
- Quid Pro Quo Harassment: Quid pro quo with these cases involves conditioning sexual acts or favors for employee benefits like promotions, raises, and even job security. Oftentimes, this is seen with higher-ups abusing their power over lower-level employees.
- Hostile Work Environment: A hostile work environment involves anything that makes a workplace uncomfortable. Victims of sexual harassment often face verbal abuse via comments, unwanted touching, and other forms of inappropriate communication. It’s important to understand that this type of harassment does not need to be physical.
Sometimes, determining whether what you’ve experienced at work constitutes sexual harassment can be tricky, but a lawyer who understands state and local laws can provide guidance for you.
Common Examples of Workplace Sexual Harassment
Below are some common examples of workplace sexual harassment:
- Sexual jokes, communications, comments, or gestures.
- Unwanted touching or any other type of physical contact.
- Unwanted flirting, advances, or sexually suggestive behavior in the workplace.
- Repeated requests for dates after refusal.
- Inappropriate emails, texts, social media messages, or any other communication.
- Retaliation after reporting harassment.
- Harassment based on gender identity, sexual orientation, pregnancy, or appearance.
If you have experienced any of these behaviors in the workplace, you may have legal options available under California law, and our Fresno sexual harassment lawyers can help you exercise them.
Compensation Available in Sexual Harassment Cases
Sexual harassment cases may include the following types of compensation:
- Lost wages and benefits, due to the incident or incidents.
- Emotional distress damages, for example, PTSD, anxiety, fear, and depression, are common in sexual harassment cases.
- Punitive damages in severe cases
- Attorney’s fees and legal costs that arise due to incidents.
- Possible reinstatement or workplace accommodations.
Because each case is unique, it may be challenging to figure out how compensation works on your own, but an experienced lawyer can evaluate your situation and ensure the full scope of damages is addressed.
What Steps Should I Take After Experiencing Sexual Harassment at Work?
Here are some things you can do to protect yourself and ensure there is sufficient evidence:
Document the Conduct
Any records, documents, or pieces of evidence that you can keep or document may be helpful later on. Some important things to save or document include any type of communication, like emails, texts, social media messages, Teams or Slack messages, and written communication, if applicable. You should also keep track of any:
- Witness statements if others were present.
- Dates, times, and details of each incident.
- Records of any changes to your work environment after these incidents.
Report the Harassment
This may seem like a scary step, but it can be an important one. It’s important to report the behavior you are facing to your HR department. While this may not be possible for everyone, if it’s an option, definitely consider it.
It’s important to follow your workplace’s procedures for reporting this type of harassment. It’s also a good idea to keep things in writing or maintain some form of documentation of any back-and-forth you have with your HR department regarding your complaint and the next steps.
Stay Informed on the Basics of California Workplace Retaliation Laws
Retaliation against reporting harassment in the workplace is illegal in California. If you notice big changes after your report, you should keep track of these actions. Look out for signs like unfair reviews, exclusion from hours, shifts, or opportunities, and pressure to quit.
Talk to a Sexual Harassment Lawyer
Speaking with a lawyer may help you better understand your rights and the legal options that may be available based on your situation.
A Fresno sexual harassment attorney can also help explain what evidence may be important, whether deadlines apply to your claim, and what next steps may help protect your interests moving forward.
How a Sexual Harassment Lawyer in Fresno May Help
If you decide to move forward with a claim or just have general questions and concerns to start, a lawyer can provide crucial guidance. Here are some of the specific ways in which they may be able to help:
- Take a look at your case and figure out whether it qualifies as sexual harassment.
- Gather evidence and documentation for your claim.
- File complaints through the right agencies, such as the California Civil Rights Department (CRD).
- Calculate the full scope of compensation that may be available.
- Represent you in trial if needed.
- Provide support throughout the process.
Overall, a lawyer can be an essential part of pursuing a claim or investigating after you’ve experienced sexual harassment in the workplace.
Speak With a Sexual Harassment Law Firm in Fresno
No matter what degree of sexual harassment you’ve faced, know that you have rights and state and federal protections. As such, there can be consequences for the perpetrator, regardless of what role they may play at work.
These incidents can be emotionally and physically traumatic, and the last thing you want to do is figure out what comes with the legal process for a claim. The good news is that a lawyer can step in and help you work through the necessary steps.
Omega Law Group puts our clients first, always. If you have any questions, concerns, or just need a different perspective on your situation, you can reach out to our firm for a free and confidential consultation.