If you have been subject to sexual harassment in your California place of work, you are entitled to certain rights under state law. If you decide to move forward with a sexual harassment claim against your employer or perpetrator, there are certain things you need to understand, including the California sexual harassment statute of limitations. An attorney from Diefer Law Group can meet with you to explain this unique part of California law.
In California, all workplace sexual harassment claims for compensation must be filed within a given timeframe. If you do not file your claim within this time frame, you will likely forfeit your right to pursue the compensation and justice you deserve. At Diefer Law Group, we understand these can be challenging and emotionally difficult times and can offer our counsel and care.
What Is Sexual Harassment in the Workplace in California?
California workplace sexual harassment is typically divided into three separate categories. Sexual harassment can occur if there is any form of unwanted or unwelcome sexual touching, verbal suggestions, or inappropriate remarks. Likewise, any jokes of a sexual nature that are unwelcome can also be sexual harassment. In California, some of the most common forms of workplace sexual harassment include:
- Quid Pro Quo: This kind of sexual harassment occurs when an individual is approached by a superior, boss, manager, supervisor, or the owner of the business and is offered a workplace benefit in exchange for certain sexual favors. These benefits might include a promotion, a raise, or a positive performance review. They may also threaten acts of retaliation if the favor isn’t granted.
- Entorno laboral hostil: This form of sexual harassment occurs when an individual suffers unwanted sexual contact or verbal harassment to the point where they are no longer safe and are unable to continue performing the necessary duties of their job.
- Unwanted Physical Contact: In California, it is illegal for anyone to make sexual or physical contact without the consent of the other individual. This form of physical contact can include unwanted or unwelcome touching, groping, kissing, or other actions, including those which, if severe enough, may constitute sexual assault.
All three of the above forms of sexual harassment are illegal in the California workplace and should be taken seriously. If you have experienced any kind of sexual harassment in your place of employment, it is imperative that you inform your employer immediately so the offender may be held accountable for their actions.
What Is the Statute of Limitations on California Workplace Sexual Harassment Claims?
In the state of California, if you believe you have been the victim of workplace sexual harassment, you have tres años from the date of the harassment to file a claim for compensation with the Civil Rights Department. If you do not act within this given timeframe, you may forfeit your chance to seek financial compensation.
This statute remains in effect for anyone who has suffered harassment or discrimination as an employee by their employer. However, there are a few exceptions to this timeframe. If the harassment also violates any federal anti-discrimination laws, the victim might be awarded more time to bring their claim forward.
Damages Recoverable in a Sexual Harassment Claim
Depending on the exact nature of the sexual harassment you faced, there are several forms of damages you may seek in California. These can include:
- Front pay
- Back pay
- Any medical expenses involved, such as those for counseling or therapy
- Damages for lost promotions or job benefits
- Retaliation damages
- Punitive damages if the courts believe the employer acted in an egregious manner, such as having reckless indifference toward your claim
- Attorney fees and court filing costs
Preguntas frecuentes
Q: How Can a Lawyer Help Me With a Sexual Harassment Claim in California?
A: When you hire an attorney to assist you in a sexual harassment claim in California, you are doing what is right for the success of your claim. An attorney can help you gather the necessary evidence to prove your case, negotiate with your employer, their legal team, and their insurance provider, and represent you in a courtroom should your claim proceed to a trial.
Q: How Can I Protect My Sexual Harassment Claim?
A: To protect and maintain the validity of your sexual harassment claim, you need to take several actions. First, you need to gather all evidence that relates to your case. This can include any interactions over text, email, voicemail, or social media, as well as a written log of all the sexual harassment incidents you have been victim to. You can also ask for eyewitness statements and gather any relevant surveillance footage.
Q: Can Online Harassment Count as Sexual Harassment in California?
A: Yes, online sexual harassment counts as sexual harassment in California. Victims can file a claim with the help of an attorney. If you are facing sexual harassment over texts, emails, social media, or other online interactions with an employer or coworker, you have the right to take a claim to court for sexual harassment.
Q: How Much Does It Cost to Hire an Attorney in California?
A: It can be difficult to offer an exact estimate as to how much it may cost to hire an attorney to represent you in a sexual harassment case in California. There are several different factors to consider in the final cost analysis of a case. These factors can include the complexity and duration of the case and the experience, skill level, and effort placed into the case by your attorney.
Speak with a Compassionate Sexual Harassment Attorney Today
If you have suffered sexual harassment at your California place of work, time is of the essence. Due to the statute of limitations imposed on these claims, you need to get your case filed as soon as possible with the help of an experienced attorney. An attorney can guide you through each step of the process.
At Diefer Law Group, our attorneys come with over 60 years of shared experience and are ready to use that experience to help you get the compensation you deserve. Póngase en contacto con nuestras oficinas to learn more and schedule your consultation.
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