Orange County Sexual Harassment Lawyer
STAND UP FOR YOUR RIGHTS AGAINST SEXUAL HARASSMENT in Orange County, CA
Sexual harassment at work does more than demoralize you on a daily basis; it can affect your performance and your ability to excel and to move ahead. It’s important to know that you do not have to put up with humiliating, degrading and intimidating behavior.
Since 2004, the attorneys at Diefer Law Group, P.C., have an unwavering commitment to end discrimination and harassment. One way to do this is to keep a record of the date and time and what was said or done. Any evidence or witnesses you have will improve the strength of your case. Ultimately, every sexual harassment claim is unique, and every person who experiences this misconduct in their workplace will have a different experience.
If you believe you have suffered any form of sexual harassment at work, you need an Orange County sexual harassment attorney who can provide the personalized and compassionate legal counsel required to resolve this situation as efficiently as possible.
WHEN TO FILE A CIVIL LAWSUIT in Orange County, CA?
An important first step before filing a civil lawsuit for sexual harassment in Orange County is a complaint to the Equal Employment Opportunity Commission (EEOC). This is the federal agency responsible for enforcement of the nationwide anti-discrimination and anti-harassment laws in place to protect American workers. You should expect to file an EEOC complaint before proceeding with your civil suit against your employer.
Diefer Law Group can assist you with your EEOC complaint filing process. We will help you gather any and all evidence and testimony you will need to provide along with your complaint forms, and we will assist you in any required interactions with EEOC investigators. After filing your complaint, the EEOC is likely to contact you for more information and to answer questions, and they will also reach out to your employer.
Your employer can face severe legal repercussions if they interfere with or refuse to comply with any EEOC investigation. Additionally, they are legally prohibited from retaliating against you for filing an EEOC complaint in good faith. If internal conflict resolution channels in your workplace have failed to provide suitable results to your situation, you have every right to take the next step and file an EEOC complaint, and your employer may not fire you or otherwise penalize you for doing so.
Once the EEOC completes its investigation, the commission will issue you a Notice of Right to Sue if it determines that you did indeed experienced sexual harassment. The notice allows you to proceed unimpeded with your civil suit against your employer. Diefer Law Group will help you build your case and seek the maximum amount of compensation possible for your damages.
WHAT CONSTITUTES SEXUAL HARASSMENT in Orange County, CA?
- Sexual assault. This is the most severe form of sexual harassment an employee can face, and the consequences for the offender are likely to include criminal prosecution, jail time, and heavy financial penalties. Any physical sexual assault is likely to lead to felony charge for the defendant along with financial responsibility for the victim’s civil damages. Sex offenses that lead to conviction typically mean that the defendant will be required to register as a sex offender, likely permanently. This will severely restrict their job opportunities and options for living arrangements for the future.
- Requests, pressure or demands for sexual favors. Known as quid pro quo, it is unlawful for any employer to demand or request sexual favors from an employee in exchange for job-related benefits, or to prevent job-related penalties. It is equally illegal for an employer to offer a promotion in exchange for sex as it is to threaten an employee with firing if they do not consent to sex, although incidents involving the latter are likely to lead to harsher penalties for employers.
- Unwanted kissing, touching, embracing, massaging or groping. Any form of unwanted physical contact is assault, even if it does not involve violence or threats. Mistaken intentions or alleged miscommunication are not an excuse for this behavior, either.
- Unwanted texts, emails, phone calls or materials of a sexual nature. Keeping copies of all such correspondence is crucial for resolving related sexual harassment claims. Your Orange County sexual harassment attorney can help you determine what evidence you will require to prove your case if you have encountered any type of sexual harassment of this nature.
- Sexual innuendos, lewd stories and comments about your dress or body. If you have experienced this unwanted behavior and it has not stopped after you have asked for it to stop, this can form the foundation of a sexual harassment suit in Orange County.
- Personal and inappropriate questions about sex and related topics. If an employer or coworker engages in this form of conversation, they must stop once you ask them to stop. If they do not, you should expect to file a sexual harassment complaint.
The person harassing you may be of the same sex as you are and can be a coworker, colleague, third-party nonemployee (such as a customer or client), supervisor or another person you interact with regularly on the job. We can help if you were fired for reporting or not accepting the advances made.
Understanding At-Will Employment and Wrongful Termination in Orange County, CA
It’s an unfortunate reality that many people working in Orange County and throughout the United States endure sexual harassment at varying levels out of fear of losing their jobs. Many of these people do not know their rights as they pertain to putting a stop to this type of behavior, and some believe that the cost of filing legal action in response to sexual harassment would overshadow any possible compensation they might obtain if they succeed.
The at-will employment law of California is commonly cited as a concern among many sexual harassment victims. Under the at-will employment standard, both the employee and the employer have the right to terminate their working relationship at any time, with or without prior notification. Many interpret this to mean that an employer can essentially fire an employee whenever they want for any reason, but they may not fire employees for illegal reasons.
No employer may fire an employee on a discriminatory basis. This does not only include the employee’s personal qualities such as their race, skin color, religion, national origin, or other legally protected personal traits, but also the leveraging of their civil and constitutional rights. If you experience any type of sexual harassment at work, you have the right to demand that it stop immediately. If it does not, and your employer does nothing to address your concerns, you have the right to pursue legal recourse with an EEOC complaint and a civil suit against the party responsible for the harassment you suffered. Your employer may not take any punitive action against you for doing so.
In the event you are subjected to illegal retaliation such as a wrongful termination, your employer not only faces penalties for the sexual harassment you suffered but also for breaking state and federal employment laws. Penalties for retaliation can include very heavy fines alongside any penalties assigned in response to the employee’s adverse experience. When you choose Diefer Law Group to represent your sexual harassment case, we can help with your EEOC complaint and the civil suit against your employer, and we can also help with related employment disputes regarding wrongful termination and employer retaliation.
Damages in an Orange County Sexual Harassment Case
- If you lost your job due to sexual harassment, your employer is likely responsible for back pay, or the income and benefits you should have earned if you had been able to continue working unimpeded by sexual harassment.
- If you were forced to look for a new job, the defendant in your case faces responsibility for the cost of your job search, transportation costs; it’s also possible to secure compensation for further economic losses caused by the loss of income resulting from the situation.
- You have the right to claim compensation for any intentional infliction of emotional distress. Sexual harassment is not only disruptive but psychologically harmful as well. Your Orange County sexual harassment attorney can help you determine a suitable amount of compensation to seek from your employer to reflect the severity of their behavior and its effects on you.
- If your case involves any physical harm from the defendant, such as sexual assault or any kind of physical violence, you have the right to seek compensation for any and all medical care you required to address your condition. This includes both immediate health care costs and ongoing treatment costs for any severe injury or an illness contracted through unwanted sexual contact.
When you choose Diefer Law Group to represent your case, our firm will do everything we can to help you maximize the compensation you obtain from the defendant. Once the EEOC has approved your claim, it may initiate legal proceedings against your employer on its own or simply issue a Notice of Right to Sue that allows you to proceed with your civil suit. It’s possible for the state to open a criminal case against your employer in response to their behavior as well.
Ultimately, every sexual harassment case filed is unique, and to reach the best possible outcome to your impending case it is crucial to have legal counsel you can trust from an experienced Orange County sexual harassment attorney. The team at Diefer Law Group will be fierce advocates for your rights through every stage of your proceedings, from an initial EEOC complaint and investigation through all the court proceedings your case entails
Get a Free Consultation with an Orange County Workplace Sexual Harassment Attorney
It can be difficult to have your voice heard. At Diefer Law Group, P.C., we understand the sensitive nature and power dynamics at play in on-the-job sexual harassment. Our Orange County employment law attorneys offer the rare combination of personal attention, insightful advice and assertive legal guidance your case needs.
Call (888) 301-7795 to talk to an attorney or to set up a free initial consultation. You can also email us. Take the first step in protecting yourself. Let us help.
Orange County, CA Workplace Sexual Harassment Resources
- What is Considered Sexual Harassment in California?
- Sexual Harassment vs. Sexual Assault vs. Sexual Abuse
- Types of Sexual Harassment at Workplace in California
- How to Speak Up About Sexual Harassment at Work in California?
- California Workplace Sexual Harassment Statistics
- Quid Pro Quo Sexual Harassment in California
- Employee-to-Employee Sexual Harassment at Workplace in California
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