Fair Oaks Sexual Harassment Lawyer

Fair Oaks Sexual Harassment Attorney

If you have endured sexual harassment in your place of employment, contact a Fair Oaks sexual harassment lawyer today. You can file a harassment claim even if you have merely been subjected to a hostile or inappropriate workplace and not directly sexually harassed yourself. If these situations are similar to your experiences, it can be useful to learn more about what is considered sexual harassment.

Intimidation and Hostile Environments: Workplace Sexual Harassment

In Fair Oaks, California, civil harassment is any instance of unlawful violence or a credible threat of violence, such as assault or stalking. The harassment must be seemingly without valid reason and seriously frighten, annoy, or harass the victim.

Workplace harassment, sexual or otherwise, must specifically include behavior that cultivates a work environment that most people would consider to be hostile, abusive, or intimidating. It can also involve a sense that continuing to be employed at this place requires one to endure ongoing harassment.

Harassment in the workplace, which also includes the search for employment, is often based on discriminatory attitudes toward the victim, such as hostility based on race, age, nationality, etc. Included in this is discrimination and harassment against an employee based on their gender/sex, pregnancy status, and sexual orientation.

Sexual harassment can include:

• Sexual assault/abuse
• Rape
• Sexual threats
• Requesting sexual favors in exchange for work benefits or keeping one’s job
• Stalking
• Leering
• Crude/offensive sexual or sexually suggestive comments/discussion
• Repeated unwanted requests for a date
• Explicit and unwanted messages or images
• Sexual content viewable in public workspaces that impact employees’ capacity to work
• Witnessing the sexual harassment of a co-worker

Beginning Your Harassment Case in California

Sexual harassment cases have a statute of limitations of three years from the time of the misconduct for victims to file a claim or report the sexual harassment. It’s wise to file an official report with the Department of Fair Employment and Housing and enlist the legal counsel of a sexual assault attorney as soon as possible. This allows sufficient time for investigation, gathering evidence, and potential court delays.

After the harassing behavior has transpired, you can speak with the harasser to voice your discomfort only if you feel that it is safe to do so. If your supervisor perpetrated the harassment, go to the human resources department to start the filing process for an official complaint.

Otherwise, you should alert your supervisor of the misconduct so they can take action to prevent future harassment in addition to filing an official report. Be sure to keep a personal copy of the complaint as potential evidence or in case it’s allegedly misplaced within the workplace. Your harassment lawyer can let you know what evidence to collect and how to do so. They can also assist you through the remainder of the claim process.

How an Experienced Employment Law and Sexual Harassment Attorney Can Help

There is no law in California requiring you to hire legal representation when filing a sexual harassment claim, but enlisting the help of one is always advisable. Obtaining the counsel of an attorney who is trained in this area of the law gives you a higher chance of receiving compensation as well as an adequate settlement amount. Your harassment lawyer understands the law, its technicalities, and how that can be used in cases of sexual harassment like yours.

A qualified attorney can also assist in building a strong case on your behalf, with sufficient evidence and strategies, setting you up for a successful outcome. Your sexual harassment lawyer can also conduct and lead meetings with your employer and their attorneys. Self-representation is always risky because you may make a mistake or be given a low compensation offer.

Rather than representing yourself in a case that is likely still raw and emotionally sensitive for you, your lawyer can approach legal proceedings with objectivity, knowledge, and resources that you do not have access to. They can compassionately guide you through these complex procedures while defending your rights.

FAQs for Sexual Harassment Lawyers

Q: What Are the Types of Sexual Harassment in California?

A: California identifies two main types of sexual harassment: hostile work environment and quid pro quo harassment. Quid pro quo entails the request for sexual favors in exchange for perks or to avoid retaliatory actions. A hostile work environment can be the direct or non-direct harassment of you and/or other employees. It can also be unreprimanded conduct that contributes to the overall workplace being hostile, thus impacting your ability to work.

Q: What Is Indirect Harassment?

A: Indirect harassment is harassment that is not explicitly directed at you, but you are still subjected to it, whether it’s witnessing the harassment of someone else or being within a hostile environment in general.

A hostile environment can include indirect harassment, such as inappropriate or discriminatory conversations or comments that are not directed at a present person but still make you feel uncomfortable or intimidated. Additionally, job environments with sexually explicit content that is viewable in open spaces are also considered to be exhibiting indirect harassment.

Q: What Is Quid Pro Quo Harassment?

A: Quid pro quo harassment is the occurrence of employees being asked to perform sexual favors in exchange for advancements or the avoidance of negative consequences within the workplace.

This type of sexual harassment can include the harasser implicitly or explicitly asking an employee to provide physical sexual acts, explicit pictures, or their continued acceptance of sexual harassment. These favors may be in exchange for promotions, benefits, or gifts; they may also be a requirement for avoiding termination or retaliation.

Q: What Should You Do If You Are Falsely Accused of Harassment?

A: If you are falsely accused of harassment, be honest and clear about your side of the situation while fully cooperating in any investigations. Offer all evidence, such as correspondence or witness testimonies, that can help your case while keeping copies of what you can.

Refrain from lying, omitting details, or exaggerating the truth when you are falsely accused because this is likely to make you look worse if you make a mistake. It’s advisable to seek legal counsel, continue doing your job, and avoid contact with your accuser without your attorney present.

Hire a Qualified Employment Lawyer to Aid in Your Harassment Case

At the Fulton Law Corporation, our attorneys understand the complexities within cases of workplace sexual harassment. We’re prepared to utilize our legal knowledge and experience to advocate for your rights and win the fair harassment settlement you’re entitled to. Schedule a consultation with us today to have your case reviewed by a skilled sexual harassment lawyer.