Santa Ana Sexual Harassment Lawyer
Santa Ana Sexual Harassment Attorney
Any form of sexual harassment in the workplace is unacceptable, but despite strict federal and state laws in place designed to combat this behavior, thousands of people working in all industries continue to experience sexual harassment in various ways. If you have experienced anything you believe to be sexual harassment, it is vital to know your rights and the value of consulting a Santa Ana sexual harassment lawyer to help resolve the issue.
Experienced Legal Counsel for Santa Ana, CA, Sexual Harassment Claims
The Diefer Law Group has extensive experience representing clients in sexual harassment cases, and we know the various legal challenges you might encounter if you have experienced any such mistreatment in your workplace. The Equal Employment Opportunity Commission (EEOC) is the agency responsible for investigating workplace harassment claims at a national level, and the California Department of Fair Employment and Housing (DFEH) functions at the state level.
If you have experienced any form of sexual harassment at work and the internal conflict resolution channels of your workplace have failed to produce acceptable results, you are likely to wonder how you can hold your harasser accountable, what legal channels you will need to navigate, and how to file a sexual harassment claim. This type of claim is more challenging than most other types of civil lawsuits, and it is crucial for you to have legal counsel on your side.
Our firm can carefully review the details of your situation, examining any evidence you have been able to gather to support your claim. We’ll help you understand how to file a complaint with the state DFEH and/or EEOC, what type of damages you could recover from the defendant, and how long it will likely take to resolve your case. It’s vital that you connect with a Santa Ana sexual harassment lawyer right away to start working on your case.
Proving Sexual Harassment in the Workplace in Santa Ana
One of the most challenging aspects of a sexual harassment claim is proving exactly how the harassment happened or even that it happened at all. Individuals who knowingly engage in sexual harassment are generally careful to conceal their actions, leaving minimal, if any, tangible evidence behind that could later be used against them. Many of these cases appear to boil down to one party’s word against another’s, but the right attorney can help make sense of your case.
You may need to secure copies of correspondence from your workplace, testimony from your coworkers and witnesses who saw what has happened to you, or even contact previous employees who share similar experiences. Sexual harassment in Santa Ana workplaces typically takes one of two forms: quid pro quo sexual harassment and a hostile work environment. It’s vital to know what each type entails and how to respond if you experience either form.
Quid pro quo sexual harassment typically involves a subordinate employee and their supervisor, manager, or other party with direct control over their job status. The harasser may offer job-related benefits in exchange for sexual favors, or they may threaten job-related penalties if the victim does not perform sexual favors. Either form of quid pro quo sexual harassment is unacceptable.
A hostile work environment develops when it becomes impossible for the victim to perform their job duties because of the harassment they have experienced. Constant ridicule, sexually charged comments, jokes, advances, or even physical abuse can create a hostile work environment. It is possible for these situations to escalate to criminal status, especially once the harasser has made physical contact of any kind with the victim, such as unwanted touching or groping.
Filing an EEOC Complaint
If your Santa Ana sexual harassment lawyer confirms that you have indeed experienced sexual harassment, you cannot proceed directly to filing a lawsuit against your harasser. First, you will need to submit a formal complaint to the EEOC, and they will review your claim to determine whether you have grounds for a lawsuit. You have 180 calendar days from the date the last incident of harassment occurred to file your complaint to the EEOC.
When the EEOC receives a workplace harassment complaint, it will assign an investigating attorney to handle the case. This attorney is likely to contact both you and your employer for more information. If they determine that you did indeed experience sexual harassment, they will issue you a Notice of Right to Sue, which allows you to proceed with your civil lawsuit. In some cases, the EEOC will initiate legal proceedings directly on behalf of a claimant.
Limitations to Your Sexual Harassment Claim
It’s critical to note that employment cases in Santa Ana, including those involving sexual harassment, must be filed within three years of the date of harm. Furthermore, if you decide not to go through the CRD to sue your employer, then you will need to get a “Right-to-Sue” notice issued from them before you can file a claim. There may be instances in which it makes more sense to immediately request a Right-to-Sue notice from the CRD instead of having them investigate your case for you.
The formal complaint process in Southern California can be extremely complex and often overwhelming. If you are dealing with a SoCal workplace sexual harassment case, a dedicated lawyer from Diefer Law Group, P.C., can help you navigate the claims process, from filing forms to negotiating on your behalf during mediation and representing your case in the courtroom.
Resolving Your Sexual Harassment Claim in Santa Ana
Once you are able to proceed with your sexual harassment claim, you are likely to succeed with the claim because you will have the EEOC’s support behind you. The purpose of your claim is to ensure accountability for the harm you have experienced and for you to recover compensation for any damages you suffered. Like in most other civil suits, it is possible for a sexual harassment claim to yield compensation for economic, non-economic, and punitive damages.
Economic damages can include any direct financial harm you suffered because of the defendant’s actions. These may include lost income and lost benefits if you lost your job or were forced to quit because of the harassment you experienced. Non-economic damages include pain and suffering compensation for any physical pain and psychological distress you experienced.
Punitive damages are awarded based on the number of employees the defendant employer has. Compensatory damages are also limited based on the defendant’s number of employees. If they have less than 100 employees, the limit is $50,000. This limit increases to $100,000 for 101 to 200 employees, $200,000 for 201 to 500 employees, and $300,000 for more than 500 employees.
Your Santa Ana sexual harassment lawyer can be invaluable not only for the help they can provide in building your claim and assisting you with navigating the EEOC claim filing process but also in helping you maximize the compensation you obtain from a successful suit. The team at the Diefer Law Group has successfully represented many clients in sexual harassment claims in the Santa Ana area, and we are ready to put this experience to work for you.
FAQs for sexual harassment attorneys
Q: What Is Quid Pro Quo Sexual Harassment?
A: Quid pro quo sexual harassment involves a proposed transaction or exchange of sexual favors for job-related benefits. For example, a supervisor may offer a promotion to a subordinate employee in exchange for sex. Any such offers, or in some cases, threats of transactional sexual favors in the workplace, is a clear form of sexual harassment. The party who engages in quid pro quo sexual harassment faces liability, and they could also face criminal prosecution.Q: How Can I Prove Sexual Harassment?
A: You can prove sexual harassment in various ways, but identifying the most valuable evidence in your claim can be challenging. An experienced Santa Ana sexual harassment lawyer can help identify the most important forms of evidence to include in your claim, including work emails and other correspondence, testimony from coworkers, and workplace security camera footage.Q: What Should I Do First After Experiencing Sexual Harassment at Work?
A: The first thing you should do after experiencing sexual harassment at work is to report the issue to your supervisor, or if your supervisor is the one harassing you, report the issue to their supervisor. You should attempt to resolve the problem through your company’s internal conflict resolution channels before filing a claim to the EEOC or taking any other formal legal steps. If internal resolution fails, then you must speak with a Santa Ana sexual harassment lawyer.Q: Do I Need to Hire a Santa Ana Sexual Harassment Lawyer for My Claim?
A: You need to hire a Santa Ana sexual harassment lawyer for your claim if you want to have the greatest chance of success. While it is technically possible for you to file a sexual harassment complaint on your own, you could encounter complications you will not know how to resolve yourself, or you could make procedural errors that jeopardize your case. Working with an attorney prevents such problems and makes it easier to succeed with your claim.Q: How Long Does It Take to Resolve a Sexual Harassment Case in Santa Ana?
A: The time it could take to resolve a sexual harassment case in Santa Ana varies on a case-by-case basis. If you have the right attorney representing you, it is possible that you could resolve the claim in a matter of a few weeks, but you will need to wait for the EEOC to conclude its investigation before proceeding with your civil lawsuit. In most cases, sexual harassment claims can be resolved within several months to a year.The team at the Diefer Law Group is ready to stand behind you as you seek accountability and fair compensation for the sexual harassment you experienced at work. No one should have to experience this mistreatment, but sexual harassment continues to be a pervasive issue in workplaces across the state each year. Contact the Diefer Law Group today to schedule your free consultation with a Santa Ana sexual harassment lawyer to learn how we can help you.
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