Southern California Sexual Harassment Lawyer
Southern California Sexual Harassment Attorney
Southern California offers many options for employment. However, there are incidences in which the workplace environment can be toxic and abusive, resulting in instances of sexual harassment. If you have been sexually harassed in the SoCal workplace, a Southern California sexual harassment lawyer from Diefer Law Group, P.C., can represent your case and help restore justice to the situation.
The experienced legal team at Diefer Law Group, P.C. is here to listen to and understand all the necessary details related to your case and to assist with gathering relevant evidence, filing claims, and pursuing the optimal avenue(s) necessary to obtain compensation for you. Our law firm is dedicated to eradicating all forms of harassment in the California workplace, and we pride ourselves on holding perpetrators accountable for their actions.
Understanding the SoCal Sexual Harassment Claims Process
If you are an employee in Southern California who has faced sexual harassment in the workplace, your right to compensation and justice is protected under both state and federal law. However, working toward restoring justice will look different for each harassment case, as factors may vary, such as whether claims should be made with a federal or state agency and the amount of lost wages and income involved.
Reporting the Case to Human Resources
After an incident of sexual harassment in the workplace, it is generally a requirement for victims to come forward and report the incident to human resources. By documenting and reporting the incident, organizations can have an opportunity to understand what happened and take measures to respond adequately to the incident.
In the case that you go on to sue your employer, you need to be able to show that they were negligent in providing a harassment-free workplace. In many cases, this can only be done if you show that they had a chance to restore justice to the situation and failed to take immediate and necessary action.
By reporting your sexual harassment case to human resources or management responsible for your supervision, you are giving your employer an opportunity to promptly address the situation. In the case that they fail to do so, you will then have evidence of their negligence.
There are multiple valid reasons why individuals may be hesitant to report a case to HR. If you are dealing with workplace sexual harassment and are unsure about how to handle the situation, a workplace harassment attorney from Diefer Law Group, P.C., can provide a compassionate and informed ear and help you map out an optimal plan to move forward and address the situation.
Filing a Formal Complaint in Southern California
The formal complaint process will either go through the California Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC). The agency that you eventually decide to file with will be based on whether your case will be addressed on the state or federal level. An experienced sexual harassment lawyer can help you understand whether you are better off filing with the EEOC or CRD; however, most cases typically go through CRD.
Filing at the state level is typically advantageous, as workplace protections are broader and more comprehensive at the California state level than the federal level. Filing a formal complaint with the CRD can be a long and complex process, and it typically involves the following steps:
- Gathering Evidence and Materials. Before submitting a formal complaint, you will need to collect the required materials, including employment documentation, witness information, and evidence of allegations, including text messages, videos, and voice recordings.
- Submitting the Claim. You have various options for submitting a sexual harassment claim with the CRD. You can submit a claim online using the Cal Civil Rights System (CCRS) over the phone or by mailing in a printable form. Submitting your claim online is typically the most robust way to ensure that no errors are in your application.
- Waiting During Investigations. The CRD will go over all of the evidence and information in your sexual harassment complaint and decide whether the allegations fall within their mandate of enforceable legislation.
- Receiving a Response. The CRD will issue a response stating whether or not they will take on your workplace sexual harassment case for you. If they do not take your case, it does not necessarily mean that they do not believe that you received unjust treatment—rather, your case likely does not fall under their civil rights litigation mandate.
- Filling Out the Complaint Form. If the CRD decides to take on your case, then they will generate a complaint form for you to sign. Upon signing, this form will be forwarded to your employer so that they are notified of the ongoing legal processes against them.
- Going Through Mediation. Before taking your case to court, the CRD typically requires a complainant and the respondent to go through some form of mediation in order to attempt to resolve the dispute outside of the courtroom.
- Pursuing Litigation. If mediation does not result in successful negotiations, then the CRD can file a claim on your behalf. A sexual harassment court case can be lengthy and emotionally taxing, but with the right legal representation, it can yield just outcomes.
Limitations to Your Sexual Harassment Claim
It’s critical to note that employment cases, 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.
Appealing a California Civil Rights Department Decision
After filing a claim with the California Civil Rights Department (CRD), they may issue a response that you do not agree with, and your sexual harassment lawyer may advise you to appeal their decision. If your case has not yet come to a settlement or the CRD has not accepted your case for filing a claim, it is possible to appeal a case closure.
An appeal can be filed by reviewing the received closure letter, which contains instructions regarding steps to take and evidence needed for an appeal. If you decide to appeal, action must be taken immediately, as you only have 10 days from the date that you receive your case closure letter.
In your appeal letter, you must state specifically what you are requesting to have appealed in your case. There may be instances in which the CRD did not adequately review certain evidence or interview critical witnesses, and you would like them to consider these aspects as part of your case decision. In such a case, you should specify the documentation or evidence you would like them to review or provide the contact information of specific witnesses.
If your attorney is under the impression that the CRD misinterpreted the law, they can write an appeal letter stating how they interpret the law and how it would apply to your particular sexual harassment case. A knowledgeable and experienced workplace harassment lawyer from Diefer Law Group, P.C., can help support you with an appeal during the claims process.
When Should I Hire a Southern California Sexual Harassment Lawyer?
You may have been facing incidents of sexual harassment at work for weeks or months, or a life-changing sexual harassment incident may have just occurred for the first time at work. Whether the incidents are systemic or isolated, the time to consult a SoCal harassment lawyer is typically as soon as you can after an incident happens.
A sexual harassment lawyer has the experience and knowledge of local, state, and federal laws required to advise you on what steps to take. In your case, it may be necessary to first take bureaucratic measures, such as reporting the case to your direct supervisor or human resources. They can help you collect all of the relevant evidence you need and help you prepare what you will say to these parties to represent your interests.
If you have spoken with human resources and other parties responsible for maintaining a safe and secure workplace environment, and they have not taken immediate and adequate steps to address your case, it is likely time to start working with a sexual harassment lawyer. They can help you decide whether filing a complaint, carrying out negotiations, or pursuing litigation is an optimal path.
For cases that require filing a formal complaint or pursuing litigation separately from the EEOC or the CRD, a sexual harassment lawyer can analyze the specifics of your circumstances and help you determine the optimal path forward to seeing the justice you are entitled to. Overall, after facing sexual harassment in the workplace, the right time to consult a sexual harassment lawyer from Diefer Law Group, P.C., is as soon as possible.
FAQs
Q: What Is “Quid Pro Quo” Harassment in Southern California?
A: In the workplace in southern California, as well as the rest of the United States, “quid pro quo” harassment is defined as a form of sexual harassment in which an employer or a person in a position of power in the workplace offers certain work-related benefits in order for sexual favors or the acceptance of certain sexual advances or behaviors. In such cases, there is a conditionality or exchange involved. Examples include being coerced into sexual acts to receive certain employment benefits.
Q: Can I Sue for Harassment in Southern California?
A: If you have been subject to harassment in the Southern California workplace, such as sexual harassment, then you have the right to sue your employer under California law. Your employer has a legal obligation to maintain a safe and secure workplace environment for all of their employees and, therefore, can face legal consequences if they fail to do so. To pursue litigation against your employer, it is advisable to work with a knowledgeable SoCal workplace harassment attorney.
Q: What Is “Hostile Work Environment” Harassment?
A: Under California’s Fair Employment and Housing Act, or FEHA, harassment falls under two different categories: “quid pro quo” harassment and “hostile work environment” harassment. A hostile work environment can be created through serious and pervasive behaviors or actions, such as bullying, threats, and unnecessary touching, that hinder an employee from feeling comfortable in their work environment.
Such actions that create a hostile work environment can be based on protected characteristics, such as religion, sex, race, or sexual orientation.
Q: Is a Volunteer Protected From Workplace Harassment in Southern California?
A: Yes, in the state of California, volunteers are protected from harassment at the organization that they are working with under the law. Other protected positions include independent contractors, unpaid interns, current employees, and job applicants.
It’s important to note that certain minor incidents that are offensive and happen in isolation may not constitute harassment. If you have faced workplace harassment in Southern California, it is advisable to contact a workplace harassment lawyer to gather evidence and pursue legal action.
Fight Back With a Southern California Sexual Harassment Lawyer Today
Being subject to sexual harassment in the workplace can be emotionally and financially devastating. After such instances, you may fear coming to work every day and seeing certain faces. However, you should not have to suffer due to the reckless, insolent behavior of an employer or another employee.
At Diefer Law Group, P.C., we are here to listen to your case, amplify your voice, and work toward restoring justice to your SoCal workplace. You are not alone. Reach out to one of our steadfast, compassionate workplace attorneys today to start fighting back.
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