San Diego Sexual Harassment Retaliation Lawyer
San Diego Sexual Harassment Retaliation Attorney
Sexual harassment can happen at virtually any workplace in the state of California. It is an unfortunate circumstance that no one deserves to endure. As it is a violation of employment law, victims are allowed to file a complaint against their employer and the perpetrator of the harassment. However, in some cases, these victims may experience illegal forms of retaliation for simply exercising their rights. A San Diego sexual harassment retaliation lawyer can help.
Retaliation can occur when a victim suffers adverse employment treatment due to them taking legal action against their employer. Filing a sexual harassment claim in good faith is an example of an action that is legally protected under state law. If you have faced behaviors or acts of retaliation following a sexual harassment incident that you reported, you may have grounds on which to file further legal action to recover the compensation and justice you deserve.
Common Forms of Workplace Sexual Harassment Retaliation
Further harassment of an employee in retaliation for their reporting of an incident of sexual harassment in the workplace is illegal under state law. This situation may arise following an employee filing a complaint of sexual harassment to their employer or human resources department. It can also occur if a worker testifies in court or cooperates in a sexual harassment investigation against their employer.
Under state law, the acts of retaliation are just as serious as the sexual harassment itself. As a victim, you are supported and protected by both state and federal anti-retaliation laws. Acts of retaliation can include the following:
- Undue reprimands
- Illegitimate job re-evaluations
- Suffering adverse treatment
- Being terminated
- Being suspended from employment
- Suffering a demotion
- Having benefits denied
- Suffering an undesirable work shift or hours change for no valid reason
If you have suffered any of these forms of workplace retaliation following a reporting of sexual harassment, you may have a claim for further compensation. The attorneys at Diefer Law Group can help you accomplish just that.
Diefer Law Group: Fighting for You in Retaliation Cases
If you have faced workplace retaliation in San Diego, CA after suffering sexual harassment at the hands of a supervisor, manager, boss, employer, or fellow coworker, the team at Diefer Law Group is here to help. We understand that these are difficult times, and you deserve the justice and compensation necessary to recover from the damages you have sustained as a result of both the harassment and the retaliation. With over 60 years of combined experience, our team is here.
Proving retaliation can be a difficult task to take on by oneself. While your employer may have the right to fire you for any reason or no reason at all, they cannot fire you for an illegal reason. Retaliation for the filing of a sexual harassment claim is one of these illegal reasons. At Diefer Law Group, we can come alongside you and fight for your employment rights following an act of retaliation.
Allow us to gather evidence, negotiate with your employer, and even take them to court if necessary.
Common Behaviors of Workplace Sexual Harassment
If you are wondering if you are a victim of sexual harassment in the workplace, there are several behaviors to be on the lookout for. Most often, victims of sexual workplace harassment will suffer the following kinds of behaviors:
- Attempted rape or sexual assault
- Actual rape or sexual assault
- Requests or pressure for certain sexual favors
- Sexual jokes, questions, or remarks
- Sexual innuendos that are unwanted
- Stories of a suggestive or sexual nature
- Pressure for dates, especially in cases where the pressure becomes repetitive
- Unwanted touching, cornering, groping, kissing, hugging, patting, or stroking
- Sexual comments made about your clothes, appearance, or body
Damages Available in a Workplace Sexual Harassment Retaliation Case
There are several damages you might be entitled to recover in a sexual harassment retaliation case, depending on the exact nature of the retaliation. These damages can include the following:
- Back Pay: This can include any compensation for lost wages or benefits starting from the time the retaliation occurred until the date the case was settled
- Front Pay: This can include any future wages that you were entitled to if the retaliation had not happened in cases where reinstatement is not possible
- Reinstatement: This occurs when you are restored to your previous job position
- Punitive Damages: These damages may be awarded if your employer is deemed to have acted with incredible malice or recklessness for your rights and safety
- Compensatory Damages: These damages can cover things such as mental anguish, emotional distress, and pain and suffering
- Attorney Fees: You may be able to seek damages for costs assisted with your legal counsel and representation
FAQs
Q: What Is the Average Settlement for a Retaliation Claim in California?
A: It can be challenging to offer an exact amount for how much the average settlement may be for a retaliation claim in California. This is because there are several factors involved in these cases that will affect the final numbers, and there are many forms of compensation you could seek. It is important to remember that the more extreme the retaliation, the higher or more significant your damages might become.
Q: Which Industries See the Most Sexual Harassment in California?
A: No industry is safe from workplace sexual harassment. However, the industries where this form of employment law violation is most prevalent can include the following: the retail sector, accommodation or food services, healthcare or social assistance programs, public administration, educational services, transportation, warehousing, professional, technical, or scientific services, finance, and insurance.
Q: What Are the Two Main Forms of Workplace Retaliation?
A: In California, there are two main forms of workplace retaliation you may face. The first, known as Quid Pro Quo, can occur when an individual in authority over you requests certain sexual favors in exchange for workplace benefits such as promotions or raises. The other form of harassment is called a hostile work environment, meaning that the harassment has become so severe or pervasive you are no longer able to perform your job.
Q: How Hard Is it to Prove Retaliation?
A: It can be difficult to prove retaliation in the workplace. To do so, your attorney will have to demonstrate the following three elements:
- The retaliation was based on you taking a legally protected action
- Your employer engaged in an illegal behavior or response, such as firing you or docking your pay
- There is a connection between the protected action and the illegal response of your employer
Speak With a Trusted Employment Law Attorney Today
If you have suffered any workplace retaliation after filing a complaint of sexual harassment, the attorneys at Diefer Law Group are here to help. Contact our offices today to schedule a free consultation.
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