Sexual harassment is, unfortunately, a pervasive issue across the United States, and this behavior happens at higher rates throughout California than in most other states. While employees affected by sexual harassment have legal recourse against their employers, employers can also face various penalties for sexual harassment in the California workplace. If you have experienced sexual harassment of any kind, you need to speak with an experienced Orange County sexual harassment attorney right away.
Possible Penalties for Sexual Harassment in the California Workplace
When it comes to the penalties for sexual harassment in the California workplace, it is important to remember that both the individual or individuals who directly engaged in the sexual harassment and the employer could face various consequences. The individual who engaged in the behavior could lose their job and be forced to pay civil damages to the victim. If their behavior crosses the line to criminal activity, they face prosecution as well.
The employer, on the other hand, faces various financial penalties for sexual harassment in the California workplace. Depending on the severity of the situation, the Equal Employment Opportunity Commission (EEOC) could initiate various actions, including investigations, compulsory policy changes, and mandating new training for the employer’s workforce. The employer may also be required to pay damages to the employee.
Between fiscal year 2018 and fiscal year 2021, the EEOC processed 27,291 complaints of sexual harassment from US workplaces. Once the EEOC receives such a complaint, it will begin an investigation, contacting the employee who filed the claim as well as their employer for more information. This investigation process can take several months to complete, and then the EEOC will deliver its ruling on the case.
If your claim for sexual harassment is verified by the EEOC, the agency may initiate legal action on your behalf against your employer. They may also issue you a Notice of Right to Sue that enables you to proceed with a civil lawsuit for sexual harassment. It’s possible for the employer to face liability for:
- The victim’s financial losses, such as lost income and benefits, if they were wrongfully terminated or forced to quit their job.
- The pain and suffering experienced by the victim. It’s possible for the victim of sexual harassment to claim compensation for physical pain and emotional distress, and the amount they receive typically depends on the overall severity of their experience.
- Punitive damages may also be required by the EEOC. The agency will typically dictate how much the employer must pay to the employee.
In addition to these financial penalties, an employer can also face various other consequences. An EEOC complaint can damage the company’s reputation, straining relationships with partners, clients, and customers, and it can also diminish employee morale, resulting in lost productivity. They can face further losses due to their requirement to conduct new training or implement new workplace policies.
Ultimately, there are many possible penalties for sexual harassment in the California workplace. Every worker has the right to a workplace free from harassment, and if you have experienced any type of sexual harassment at work, the team at the Diefer Law Group is ready to fight on your behalf. Reach out to us as quickly as possible to learn more about the legal services we offer that can help in this difficult situation.
FAQs
Q: Can You Go to Jail for Workplace Harassment in California?
A: It is possible for a person to go to jail for workplace harassment in California if the harassment escalates to the point of criminal behavior. For example, stalking a coworker outside of work, engaging in any unwanted physical contact, or severe behavior such as overt sexual assault or sexual battery can lead to criminal charges. In California, these offenses could be charged as misdemeanors or felonies based on severity.
Q: How Much Compensation Can I Claim for Sexual Harassment at Work in California?
A: The amount of compensation you can claim for sexual harassment at work in California depends on multiple factors. You may be eligible to claim compensation for lost income and benefits, out-of-pocket expenses, legal fees, and compensation for emotional distress. Additionally, many employers are forced to pay additional liquidated damages to employees in sexual harassment lawsuits. Your attorney can estimate the total value of your case.
Q: How Common Is Sexual Harassment in California?
A: Sexual harassment is relatively common in California, especially compared to national averages. A University of California San Diego study concluded that women in California experience sexual harassment at a 5% higher rate than the national average, and men in California experience sexual harassment at a 10% higher rate than the national average.
Q: How Long Do I Have to File an EEOC Complaint for Sexual Harassment?
A: You have 180 days to file an EEOC complaint for sexual harassment, and this time limit starts on the date of the most recent incident of harassment you experienced. This time limit extends in some cases. Ultimately, it is advisable to start the filing process as quickly as possible. Your attorney can help you gather the evidence you need to file the strongest possible complaint to the EEOC and guide you through the subsequent proceedings of your case.
Q: Why Should I Hire a Sexual Harassment Lawyer?
A: You should hire a sexual harassment lawyer to maximize your chances of success with your legal efforts. Filing an EEOC complaint may seem easy enough at first, but many employees encounter unexpected complications during this process that they do not know how to resolve alone. Hiring an attorney makes filing your claim easier, and you will be significantly more likely to maximize any compensation you obtain if you succeed with the case.
Speak With an Experienced Attorney
The team at the Diefer Law Group has more than 60 combined years of experience handling all types of sexual harassment cases for clients throughout California, and we are ready to leverage this experience in your case. You have limited time to file your complaint with the EEOC, and we can help. Contact us today to schedule a free consultation with our team and learn more about the legal services we offer.
