Rancho Cordova Sexual Harassment Lawyer

Rancho Cordova Sexual Harassment Attorney

Feeling unsafe in your workplace can be scary. Many people might not be in a situation where they can leave due to the potential effects on their income. Finding the right legal representation can help you regain control and return to a positive work environment. To review your options, see how you can prevent further sexual harassment, and potentially receive damages for harassment that has already occurred, contact a Rancho Cordova sexual harassment lawyer.

Tireless Dedication

The Law Office of Jeffrey D. Fulton has experience with a wide variety of employment law cases. From wage and hour claims to sexual harassment claims, the Law Office of Jeffrey D. Fulton is committed to treating each case with the respect it deserves. To learn more about your case and how an experienced sexual harassment lawyer can help you, schedule a consultation with us today.

What Is Sexual Harassment?

Sexual harassment creates a hostile or abusive work environment in which the targeted employee’s safety or mental health is affected. There are two different types of sexual harassment, each having different conditions:

1. Quid pro quo. Quid pro quo sexual harassment usually involves someone in a higher position than the employee pressuring them to do sexual favors or actions for them. The harasser can either offer things like raises or promotions or threaten things like demotions or getting fired. This type of harassment does not have to be explicitly mentioned and can simply be implied for it to qualify as sexual harassment.
2. Hostile work environment. If a person’s actions are objectively offensive but do not relate to a specific offer, it might be hostile work environment sexual harassment. The actions must also negatively affect the victim to a point where it affects their ability to do their job or negatively affects their mental state or feeling of safety.

Why Do I Need an Attorney?

An attorney can help with your sexual harassment claim by:

• Collecting evidence. An attorney can help you figure out what evidence or documentation is important to have during a claim so that you are more prepared in court.
• Maintaining objectivity. It can be understandably difficult for a victim of sexual harassment to deliver facts objectively. Legal representation can help convey relevant details to the court in a way that is more effective than if you attempt to deliver it yourself.
• Recovering damages. Most people who are inexperienced in employment law might not know what types of damages they are eligible for and what could be recovered for them. An attorney can request damages that are appropriate for your case so that you don’t miss out on the compensation you are owed.

How Do the Courts Decide?

If you choose to take legal action against your employer after filing a complaint with the California Department of Fair Employment and Housing, the courts will use the following attributes to determine whether your case is a valid form of sexual harassment:

• Severity. Occasional comments might not be recognized by the court. Situations involving touching the victim without their consent, or, of course, assault, are considered more severe than comments.
• Frequency. Even if behaviors are relatively mild, a court might be more likely to deem them sexual harassment if they happen often. Some courts try to determine how many days or times specific instances occurred, while others rely on a rough estimate.
• Context. Every case is different. The court also reviews additional information surrounding each case to determine a ruling.

Due to the unique nature of each case, it is difficult to determine the validity of a claim alone. Speaking with a harassment lawyer can help you understand how a court might see your case.

Examples of Sexual Harassment

Sexual harassment might seem obvious at first glance, but there are a lot of different actions that qualify, including:

• Non-consensual touching. The amount of times an individual is touched, as well as where they are touched, both have an impact on whether or not unwanted touching is considered sexual harassment.
• Inappropriate comments. Not all types of negative comments can be considered sexual harassment. The comments must be egregious enough to create a hostile work environment and be directly targeted toward an individual or a group of people. Comments are not considered harassment solely because they are offensive or crude.
• Repetitive requests. One request for a date is typically not considered sexual harassment, but multiple requests or punishments as a result of refusing sexual advances can be. Acts of retaliation tend to constitute harassment, which can be as minor as excessively staring at the victim. These requests can also include explicit or implied sexual acts for things like raises or promotions.
• Unjust treatment. This can apply to employees being treated better than others after engaging in sexual favors or employees being treated worse after refusing to engage in sexual favors. This type of treatment must usually be widespread enough to encourage a culture of sexual favors and might not be considered harassment if it is just an isolated incident.

How To Report a Sexual Harassment Claim

There is a formalized process one must go through to report sexual harassment. Instead of filing a claim against the employer directly, an employee must first go through the California government.

1. File a claim. The first step is to contact the California Department of Fair Employment and Housing and file a sexual harassment claim. This involves a form with additional information as well as extra documents compiled showing evidence of the harassment.
2. Intake interview. Once a claim is filed, an employee from the DFEH will contact the filer for more information about the claim. They will then decide whether the complaint as filed is a violation of California employment law. If the case is dismissed, the employee will receive a right-to-sue notice, letting them file a claim themselves. If the DFEH takes the claim, they will investigate for more information.
3. Mediation. Before the form and case are investigated further, there is an option for both parties to participate in a free pre-investigation mediation. If the mediation goes well and both parties reach an agreement, the file on the case will be closed, but the investigation process will continue if the mediation is unsuccessful.
4. Formal complaint. If the DFEH decides to take the case, they will issue a formal complaint letter to the employer. The employer then has up to 30 days to issue a response. If the case cannot be resolved after both sides have offered additional information, the employee is often given a right-to-sue notice.

Just because the DFEH does not accept your claim does not mean it will not stand up in court. A rejection simply means that the DFEH will not further act on the case for the employee. You still have the option to file a claim against the employer with an employment lawyer after receiving a right-to-sue notice.

FAQs

Q: What Qualifies as a Harassment Charge in California?

A: In Rancho Cordova, there are two main types of sexual harassment charges: quid pro quo harassment and hostile work environment harassment. If someone at work offers you a certain benefit or threatens your job to request sexual favors, this is considered quid pro quo sexual harassment. If someone’s sexual behavior or comments affect your ability to do your job and your emotional state in the workplace, this is considered hostile work environment harassment.

Q: What Are the Sexual Harassment Laws in California?

A: If an individual in Rancho Cordova believes that they are being sexually harassed, they may file a claim with the California Department of Fair Employment and Housing (DFEH). If the DFEH accepts this claim, then they will attempt to investigate and resolve it. If the claim is not effectively resolved, the department might give the person a right-to-sue letter with which they are able to file a claim against their employer.

Q: Is an Employer Liable for Harassment in California?

A: The California Fair Employment and Housing Act requires employers to provide safe working conditions that are free from harassment. If an employer did not do anything to prevent sexual harassment from occurring, they might be liable for damages brought by the employee filing a sexual harassment claim. This can also apply to a lack of workplace rules or procedures that explicitly prevent sexual harassment from occurring.

Q: How Long Do You Have To Press Charges for Sexual Harassment in California?

A: In Rancho Cordova, the statute of limitations for sexual harassment is three years. This means that employees who are victims of sexual harassment have up to three years from when the violation occurred to file a claim. If the California Department of Fair Employment and Housing gives the filer a right-to-sue letter, then they have up to one year to actually sue their employer. There are different time limits if an employee is seeking federal aid.

Fight for Your Rights

You spend ample time at work and shouldn’t face sexual harassment. The Fulton Law Corporation, with its wealth of experience working with victims of workplace sexual harassment and would be happy to review your case. Contact us to receive a confidential and compassionate case evaluation.