A California workplace should be safe for all employees. It’s important that employers take the necessary steps to safeguard against employment law violations like discrimination, retaliation, wage and hour violations, leave of absence violations, wrongful termination, and sexual harassment. If you have been subject to sexual harassment in the workplace, you may wonder how to win a sexual harassment case in San Diego. An employment law attorney can help.
Under both state and federal laws, sexual harassment in the workplace is illegal, and the individuals who perpetrate this behavior should be brought to justice. You also may have the legal ability to bring your employer to account if they knew of the harassment, or should have reasonably been aware, and failed to do anything to correct the behavior. Proving and winning these cases can be difficult, but at Diefer Law Group we have the experience necessary.
Forms of San Diego Sexual Harassment
In San Diego, there are two main forms of sexual harassment that can happen in the workplace. It is important to understand these two forms and determine which kind you have been subjected to, as this will help you prove and subsequently win your case. Both of these forms of workplace sexual harassment are illegal, and you can hold your offender to justice. The two types of sexual harassment that can take place at work include:
- Quid Pro Quo: This form of workplace sexual harassment typically occurs when an individual faces sexual harassment at the hands of their boss, supervisor, manager, employer, or any other individual in a position of authority over them. This individual will approach you for sexual favors in exchange for certain workplace benefits such as a promotion or raise. If you decline, they could threaten retaliation.
- Hostile Work Environment: This form of workplace sexual harassment occurs when the misconduct, offensive behavior, abuse, or harassment becomes so severe, pervasive, or persistent that you find you are unable to perform the necessary duties of your job to the ability or level you used to.
If you have suffered either of these forms of workplace sexual harassment, it is wise to look into the exact behaviors that took place so you can provide the evidence necessary to win your case. The most common examples of these forms of workplace sexual harassment include:
- Jokes, insults, or offensive comments made about someone’s appearance, sexual activity, sex, gender, sexual orientation, or gender identity
- Stereotyping someone based on their sex, gender, gender expression, sexual orientation, or sexual activity
- Invading an individual’s sexual privacy
- Exposing body parts in front of someone to elicit arousal
- Making offensive gestures
- Displaying or circulating sexually graphic content
- Making unwanted or unwelcome sexual physical advances such as touching, groping, hugging, patting, stroking, or kissing
Evidence Necessary to Prove Workplace Sexual Harassment
When deciding to file a claim for workers’ compensation in San Diego, it is important that you provide certain forms of evidence that can help back up your claim and potentially assist you in winning the justice and compensation you deserve. The following forms of evidence can be necessary in your case:
- A journal or notes written that detail the incidents of harassment and include the dates, times, locations, and details of what took place
- The contact information for anyone who may have witnessed the harassment
- Your employment records, such as work schedules, wages, personnel records, or pay stubs as they pertain to your case
- Any copies of complaints you have filed and the responses made by your employer, if any
- Copies of the employer and employee handbook
- Any medical records that show the treatment for damages done as a result of the harassment
- Previous records of misconduct by your employer, if any
How to File a Claim for Workplace Sexual Harassment
To file a claim for workplace sexual harassment, you should report it to your company’s human resources department. If your employer does not handle the complaint or follow the procedure, or if they ignore your complaint entirely, you can file a claim with the Equal Employment Opportunity Commission.
It is wise to get an attorney who can help you through the complicated filing process and any negotiations that might take place.
FAQs
Q: How Long Do Sexual Harassment Cases Take in California?
A: It’s difficult to provide an exact number as to how long a sexual harassment case might take in California. This is because there are several factors that can affect the timeline. These factors include the total complexity of the case, the nature and severity of the sexual harassment, the cooperation of the parties involved, and the availability of the courts.
Q: Why Should I Hire a Lawyer in a Sexual Harassment Case?
A: Though an attorney is not required by law to represent you in a sexual harassment case, they can prove to be essential to winning the case. They can come alongside you with their knowledge and resources, determine the type of harassment you have suffered, uncover new evidence to prove your claim, negotiate with the parties involved, and take your case to court if it becomes necessary.
Q: How Do You Prove Sexual Harassment in the Workplace?
A: Proving sexual harassment can be tricky, especially in cases of a hostile work environment. To prove a sexual harassment claim, you must demonstrate the following two things:
- You were retaliated against by an individual in power because of your refusal to grant certain sexual favors
- Your employer had knowledge of the harassment or abuse, and when you reported the behavior, they failed to provide any corrections
Q: How Much Does a Sexual Harassment Attorney Charge?
A: It’s difficult to provide an exact number as to how much a sexual harassment attorney might charge to represent you and your case. This is because there are a number of factors that can influence the final cost analysis of a case. These factors include the duration and complexity of the case and the experience and skill level of the attorney.
Facing Sexual Harassment in San Diego? Diefer Law Group Can Help With Your Case
If you have suffered sexual harassment at your San Diego place of work, you deserve justice and compensation. The team at Diefer Law Group is here to help you do just that. Contact our offices today and schedule your free consultation.
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