Sexual harassment can impact your career, well-being, relationships, and many other aspects of your life. If you’re experiencing sexual harassment in the workplace, you may be dealing with questions, concerns, and uncertainty about what steps you can take.
It’s important to know that the State of California has some of the strongest protections in place for employees who are experiencing misconduct like sexual harassment in the workplace. This means you have legal options without the threat of retaliation. A sexual harassment lawyer in Santa Ana from Omega Law Group Accident & Injury Attorneys can help you move forward.
Our team will explain the protections, rights, and recourse options available for you so that you can focus on other aspects of your life. At Omega Law Group, we’ve been in operation since 2016. If you have any hesitations, concerns, or questions about legal action, get in touch with our Santa Ana employment lawyers today. We focus on putting our clients first. Always.
Understanding Sexual Harassment Laws in California
As an employee in California, it’ll be essential to understand your rights and protections against sexual harassment.
What State and Federal Protections Are in Place?
State and federal laws both protect employees in California from sexual harassment in the workplace. The main state law that provides this protection is the California Fair Employment and Housing Act (FEMA). Federally, the law that provides additional protections on a national level is Title VII of the Civil Rights Act of 1964.
Because of these laws, it’s illegal for workplaces to discriminate against someone based on their gender, sex, gender identity, sexual orientation, race, or pregnancy.
Employers also have a responsibility to keep their employees safe, which can mean taking action if there is a report, requiring training, and following similar protocols.
Harassment Does Not Need To Be Physical
It’s also important to understand that sexual harassment or otherwise does not need to be physical; it can be verbal, digital, written, or communicated in other ways. Here are some examples:
- Sexual comments and jokes
- Repeated requests for contact like dates or meetings when you’ve said no the first time.
- Displaying inappropriate messages or photos in the workplace.
- Sending offensive emails, texts, Slack, or Teams messages.
- Inditimatation, humiliation, or spreading rumors.
Sexual harassment doesn’t need to happen inside your workplace; it can also happen outside of it, including at company events or outings.
Retaliation Is Also Illegal
Laws at the federal and state levels protect employees after they report misconduct. Employers cannot legally retaliate against workers for filing a complaint, participating in an investigation, serving as a witness, or otherwise exercising their rights under the law.
Retaliation can take many forms, including termination, demotion, reduced hours, undesirable work assignments, disciplinary actions, and denial of promotions. Employees who experience retaliation after reporting harassment may have separate legal claims in addition to the underlying harassment claim.
Signs You May Be Experiencing Workplace Sexual Harassment
Sometimes it may not be obvious whether or not you are experiencing sexual harassment in the workplace; there are some signs/common actions, or patterns that, once you know about them, may be easier for you to identify for yourself.
Here are some common ways that sexual harassment shows up in the workplace:
- Inappropriate comments, verbal, written, or digital, about appearance or body.
- Sexual jokes or offensive workplace conversations.
- Unwanted touching or physical proximity.
- Requests for sexual favors.
- Explicit photos, messages, or emails.
- Advances that are repeated even after you’ve stated that you are uncomfortable and uninterested.
- Exclusion, demotion, or retaliation after complaints.
If you are unsure about whether you’ve experienced this kind of harassment in the workplace, speaking to a Santa Ana sexual harassment lawyer can provide more clarity.
How a Sexual Harassment Lawyer in Santa Ana Can Assist You
A lawyer may be able to help you with several aspects of your sexual harassment claim. Here is what we can do for you:
Investigating the Claim
A lawyer can help you figure out what evidence is available and even help you gather it. This can include texts, emails, witness statements, and other documents that can help support your case.
Along with focusing on the person or persons who directly harassed you, they can also investigate how your workplace handled the situation.
Filing Administrative Complaints
For a lawsuit to move forward, there are specific administrative processes included, all of which a lawyer can help with and submit for you.
For example, filing complaints with agencies like the California Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC) is often standard in these cases. It’s important to do so correctly and within deadlines.
Pursuing Financial Recovery
A lawyer can help you understand the full scope of financial damages that the harassment may have caused and ensure that it is represented in your claim if you choose to move forward with it.
Litigation and Settlement Negotiations
While many sexual harassment claims are settled, others may require formal litigation. If that happens for you, a lawyer can represent your interests in court and other negotiations throughout the process.
Along with taking care of the legal process ahead, a lawyer from our firm can provide the guidance and support you need while you move forward with your claim.
Steps You Can Take to Protect Your Rights
After you’ve experienced workplace sexual harassment, you can take action to ensure your rights are protected and preserve evidence in case you choose to move forward with a claim. Here are some steps to consider taking:
- Keep detailed records of incidents, including dates, times, and exactly what happened, and even who was present.
- Save all communications and workplace documentation that you have, even something as simple as a response you may have had or received.
- Report misconduct internally when appropriate; each company should have a reporting policy in place.
- Seek legal guidance before signing agreements or resigning with your employer.
Talking to a lawyer early can help you personalize the approach you take to move forward with your workplace.
Contact a Sexual Harassment Lawyer in Santa Ana
If you have experienced sexual harassment in the workplace, you do not have to navigate the situation alone.
Understanding your rights and the options available to you can be an important first step toward protecting your career, financial stability, and well-being. An attorney can evaluate your circumstances, explain the legal process, and help determine whether you may have a claim.
Contact Omega Law today to discuss your situation with a sexual harassment lawyer in Santa Ana. A consultation can provide clarity about your legal options and help you take the next steps toward seeking accountability for the harm you have experienced.