Workplace sexual harassment can interfere with your career and make you feel unsafe at work. If you have experienced harassment, a Walnut Creek employment lawyer can help you hold those at fault accountable.
Omega Law Group Accident & Injury Attorneys has been representing Californians since 2016. If you have been sexually harassed at work, a sexual harassment lawyer in Walnut Creek can defend your rights and help you pursue compensation.
The Role of a Walnut Creek Sexual Harassment Lawyer
A Walnut Creek sexual harassment lawyer represents employees who are victims of unlawful conduct in the workplace. Our lawyers can help with your case by:
- Investigating the harassment: We can review emails, text messages, workplace records, witness statements, and other evidence related to the misconduct to determine whether California workplace laws were violated.
- Filing legal claims and complaints: We can help you file claims or complaints with the appropriate government agencies.
- Handling communication with your employer: We can communicate with human resources departments, company attorneys, or insurance representatives on your behalf.
- Negotiating a settlement: Employers sometimes attempt to resolve claims through financial settlements to avoid a trial. We can negotiate on your behalf.
- Representing you in court: If a settlement cannot be reached, we can help you file a lawsuit and argue your case before a judge or jury.
Types of Compensation You Can Pursue
You can recover several types of compensation in an employment lawsuit, including:
- Lost wages: You can recover income you lost because of missed work, wrongful termination, reduced hours, demotions, or forced resignation connected to the harassment.
- Loss of future earnings: If the harassment harmed your long-term career opportunities or earning capacity, you may be able to seek compensation for future financial losses.
- Emotional distress damages: Many victims experience anxiety, depression, humiliation, sleep problems, and other emotional issues due to workplace harassment.
- Medical and counseling expenses: You can recover the cost of therapy, mental health treatment, medication, and other types of treatment related to the harassment.
- Punitive damages: Courts may award punitive damages if your employer’s conduct was especially reckless, malicious, or intentional.
Some cases also result in reinstatement to your previous position, removal of disciplinary actions, policy revisions, or mandatory workplace training.
How Long Do You Have to File a Sexual Harassment Claim in California?
If you experience sexual harassment at work, you typically have three years from the last instance of harassment or employer retaliation to file a complaint with the California Civil Rights Department (CRD). Once the CRD issues a right-to-sue notice, you generally have one year to file a lawsuit in a California civil court.
Federal claims have different deadlines. If you wish to file a claim with the Equal Employment Opportunity Commission (EEOC), you typically must do so within 300 days of the harassment, since California has its own state anti-discrimination agency.
If you don’t file your claim before the applicable statute of limitations expires, you will likely forfeit the right to sue your employer.
What Counts as Workplace Sexual Harassment in California?
In California, workplace harassment can involve supervisors, coworkers, clients, vendors, customers, or other individuals connected to your workplace.
Instances of sexual harassment are usually divided into two categories:
Quid Pro Quo Harassment
Quid pro quo harassment occurs when someone in a position of authority requests sexual favors in exchange for workplace benefits or threatens negative consequences if you refuse.
Examples of this type of harassment include:
- A supervisor offering a promotion in exchange for sexual activity
- Threats of termination after rejecting a superior’s advances
- Promises of better schedules or raises tied to sexual conduct
- Pressure to engage in romantic or sexual behavior to keep your job
Hostile Work Environment
A hostile work environment develops when ongoing behavior creates intimidating, offensive, abusive, or hostile working conditions.
Your work environment may be hostile if you have experienced:
- Repeated sexual comments or jokes
- Inappropriate touching
- Persistent unwanted flirting
- Sexual gestures or remarks
- Offensive comments about your body or appearance
- Gender-based insults or humiliation
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Can You Be Fired for Reporting Sexual Harassment?
California law generally prohibits retaliation against employees who report workplace harassment or participate in investigations. Types of employer retaliation can include:
- Termination
- Demotion
- Reduced hours
- Pay cuts
- Unfair discipline
- Negative performance reviews
- Schedule changes
- Exclusion from meetings or opportunities
- Threats or intimidation
If your employer retaliates against you for reporting harassment, a sexual harassment attorney in Walnut Creek can help you file a retaliation claim alongside your sexual harassment claim to hold them accountable.
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What Should You Do if You Experience Sexual Harassment at Work?
If you experience harassment at work, it’s important to:
- Document the harassment: Write down what happened, including dates, times, locations, and names of witnesses who were present. In addition, save all emails, text messages, voicemails, and other communications related to the harassment.
- Report the harassment: If it feels safe to do so, report the conduct according to your workplace’s procedures.
- Preserve workplace evidence: Keep copies of performance reviews, disciplinary notices, schedules, pay records, and other documents that may become relevant to your claim.
- Seek medical or mental health support: If necessary, visit a doctor or mental health professional to seek treatment for the effects of the harassment.
- Speak with an employment attorney: Our lawyers can evaluate your situation and help determine the best course of action under California law.
Consult a Sexual Harassment Attorney in Walnut Creek
No employee should have to tolerate sexual harassment in the workplace. If you are a victim, a Walnut Creek sexual harassment attorney from Omega Law Group can help gather evidence that supports your case and pursue the compensation you are entitled to.
Book a free consultation to learn about how you can seek justice.
