Newport Beach Sexual Harassment Lawyer
Newport Beach Sexual Harassment Attorney
Workers in the city of Newport Beach are engaged in investment, manufacturing, healthcare, insurance, and more. While employment opportunities are rich in this small city, workers are at risk every day of being harmed or harassed, with sexual harassment being not uncommon. If you have faced sexual harassment at work in Newport Beach, a Newport Beach sexual harassment lawyer can help you hold your harasser or employer accountable.
The dedicated legal team at Diefer Law Group, P.C., has years of collective experience working on sexual harassment cases in Newport Beach and the surrounding area, helping survivors of such abuse and harassment carve the path to justice. If you are facing a sexual harassment case, then our lawyers can analyze your case details and help you decide on an optimal path toward obtaining the compensation that you deserve and making sure you are working in a healthy environment.
What Is Workplace Sexual Harassment in Newport Beach, California?
In order to understand whether your harassment case at work may constitute sexual harassment under the law, it’s important to be familiar with how it is defined. Sexual harassment is defined under California law as behaviors or conduct that is of a pervasive, unwanted, and sexual nature in the workplace.
Sexual harassment can involve an employee persistently asking a coworker on dates or for sexual favors, sending lewd content, or talking extensively and in detail about their sexual experiences without consent or permission.
Harassment and sexual harassment can occur in the workplace based on personal identity characteristics such as gender identity, sexual orientation, race, age, and religious practice. Although individuals who identify as female typically experience sexual harassment at greater rates than their male counterparts, men and individuals of any gender face workplace harassment, too.
Sexual harassment cases are typically defined by certain power dynamics and often involve a supervisor or a person in power harassing someone lower down on the corporate ladder. This is because the abusers believe that the victim will be too afraid to report the situation in fear of retaliation or social backlash. However, it is also common to face cases in which a coworker or subordinate of an employee breaks California and federal sexual harassment laws.
What Evidence Do I Need for My Newport Beach, CA Sexual Harassment Case?
If you are facing sexual harassment at work in Newport Beach, CA, collecting evidence can be a critical step necessary for supporting your case and can be a staunch determinant for your case outcomes. As a general rule, it is a good idea to thoroughly document all instances of harassment, even if you feel that you don’t have enough evidence or if you are unsure that they constitute harassment.
By keeping a log of each harassment instance, including the time, place, date, and behaviors that occurred, the individuals and witnesses involved can help paint an overall picture of pervasive harassment schemes that are taking place against you. In order to support the claims in your harassment log book, it is important to collect different types of media that prove the harassment took place, including:
- Emails. If a coworker is sending you lewd, unwanted content via email, then it is important to download the whole conversation and keep multiple copies. Be sure to keep physical and digital copies of the email chain, as it could be potentially deleted.
- Text Messages. Harassment can occur over text and can include messaging unwanted sexual photos or requesting sexual favors via text. Text message evidence can also be secondary, involving recounts from yourself or eyewitnesses of what happened.
- Voice Memos. Voice memos can include downloaded voice messages that involve unwanted sexual content, as well as unknown recordings that are taken while an instance of sexual harassment is taking place.
- Social Media Content. With the rise of social media, the extent of harassment can be exponentially increased, with posts and other shared instances of harassment being shared and liked multiple times. It is critical to screenshot any such content before it or its associated comments are deleted or removed due to platform regulations.
- Written Notes. Any written content that contains proof of sexual harassment should be photocopied and stored in a safe place.
- Photo and Video Footage. While lewd videos and photos from a coworker can be emotionally scarring, it is important to hold on to it and keep multiple copies, as it could serve as key evidence later on. Furthermore, your attorney may be able to help you obtain footage from office rooms or dash cams to help document physical instances of harassment.
In addition to providing evidence of the occurrence of the incident, it’s important to provide evidence of how the aftermath of the situation was handled and how it impacted you physically, emotionally, and financially. Therefore, keeping all relative notes and diagnoses from a counselor, psychologist, and psychiatrist is critical, in addition to those from other medical doctors.
Furthermore, you should have documentation of your pay stubs before and after the incidences of reporting the sexual harassment in case there was any financial retaliation against your actions. Keep documentation of your performance reviews as well. If you decide to come forward with your case to human resources, you should keep a copy of your case report and provide detailed evidence of how the company responded to the case.
How Can a Newport Beach Sexual Harassment ATTORNEY Help Me?
Facing the aftermath of a sexual harassment incident or incidents can be extremely challenging to handle on your own. A knowledgeable and experienced sexual harassment lawyer can provide emotional support by giving you a safe space to talk about your sexual harassment experience and empower you with a foolproof plan to take on your workplace harasser.
Furthermore, a seasoned attorney can help you collect the evidence that you need to support your case argument and help you plan how you will come forward to report the case internally within your company. If you determine that your company’s response was not sufficient to bring justice to the situation, you and your attorney can work toward justice through other avenues, such as by filing a formal complaint or even filing civil or criminal charges.
FAQs
Q: What if I Have No Witnesses for My Workplace Sexual Harassment Case?
A: Even if you do not have witnesses for your sexual harassment case, this doesn’t mean you don’t have a case in Newport Beach, California. After a sexual harassment incident with no witnesses occurs, it’s important to document all details of the incident, including the time, place, and involved parties.
Keep any evidence as well, such as photos and written messages. Then, let your employer or human resources know about what happened by providing documentation and details. By coming forward to your employer, you are giving them an opportunity to correct the situation.
Q: What Happens if My Employer Does Not Handle My Sexual Harassment Claims?
A: If you have reported an incidence of sexual harassment to your employer, and they ignore your claim or do not take immediate and adequate action to address the situation, they are breaking the law.
A sexual harassment lawyer can help you move forward with the claims process with the CA Civil Rights Department, and if you would like to pursue an immediate civil case against your employer, you can request a “Right-to-Sue,” bypassing their investigations.
Q: Can I Get Compensation for Pain and Suffering in a CA Sexual Harassment Case?
A: Victims of sexual harassment in the workplace are entitled to both financial and non-financial damages. This means that intangible losses that result from incidences of sexual harassment, such as emotional pain and suffering, can be compensated for as part of a settlement in a civil case. Financial losses, such as loss of wages due to demotion, wrongful termination, or the inability to come to face the abuser at work, can also be compensated for.
Q: How Does Human Resources Handle Harassment Cases in Newport Beach?
A: If you have been sexually harassed at work in Newport Beach, then it is helpful to present the case to human resources as soon as possible so that you can document that you reported the incident, as well as their subsequent response to it. Under the law, HR is required to address such cases promptly and thoroughly but can differ in how they do so. Some processes may involve formal reporting, investigations, and resolution and action processes, while smaller companies might have a more informal process.
Mobilize and Empower a More Secure, Just Workplace in Newport Beach
Facing sexual harassment at work can be challenging emotionally, physically, and financially. However, thankfully, there are local, state, and federal provisions in place to support survivors in fighting back.
A Newport Beach Sexual Harassment Lawyer from Diefer Law Group, P.C., is here to provide a listening ear, understanding the details of your case and contextualizing them within your workplace and individual rights. Based on your desired case outcomes and concerns, our team can provide a comprehensive strategy to help you optimize your case. Contact us today to get started.
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