Stockton Sexual Harassment Lawyer

Stockton Sexual Harassment Attorney

Sexual harassment at work isn’t just disrespectful and illegal. In Stockton, California, employees have legal immunity from harassment under the California Fair Employment and Housing Act (FEHA). If you’ve been a victim of unacceptable behavior that has impacted your workplace, an experienced Stockton sexual harassment lawyer can help you fight through the legal system and get the justice and money you deserve.

At Fulton Law Corporation, we can thoroughly investigate your situation, aggressively negotiate with your employer, and, if necessary, go to court on your behalf. We take a holistic view of you and your case, and we seek solutions that are right for you. Our focus is on securing the justice and payment you deserve every step of the way so you can continue with your life with peace of mind.

What Is Sexual Harassment in California?

Sexual harassment in California is classified as either quid pro quo or a hostile work environment. While these forms are distinct from each other, both are illegal and can create a negative work environment for those involved.

Quid pro quo harassment happens when the rewards of work, like a promotion, raise, or even employment, are tied to your acceptance of sexual advances. For example, if a boss tells an employee that she must take a dinner date to be promoted, this is quid pro quo harassment. Only an individual with control over the victim, like a boss or manager, can do it.

A hostile workplace is created when sexist behavior is extreme or so widespread as to present a work setting that is hostile, intimidating, or offensive to a reasonable individual. Unlike quid pro quo harassment, this can be committed by any employee, at any level, and even external entities like clients. It can include demeaning remarks, posting sexually explicit content, or a crude joke that prevents an employee from doing their job.

How to Prove Sexual Harassment in California

You must prove a few elements to be successful in a sexual harassment case in Stockton, California. First, the behavior itself must have been unwanted. Even if the employee complicitly engaged in the behavior because of fear for his/her employer, the practice is still considered harassment if the conduct was unwelcome.

The harassment should also be excessive or widespread to result in an abusive or hostile workplace. While other types of abuse, such as physical abuse, are usually severe enough in a single act, many sexual harassment cases are a culmination of behaviors that have been repeated over time.

It’s important to establish that the activity was sexual or gender-based and includes harassment directed against sexual orientation or gender identity. The evidence plays an essential role in justifying such accusations. Documenting the incident, collecting all texts or messages, and seeking witnesses who could prove harassment can all help make a case.

These factors are weighed in court to decide whether a reasonable individual in the victim’s position would have considered the behavior offensive and abusive. Through a strong argument, victims can hold harassers and employers accountable.

Damages Available in a Sexual Harassment Case

When filing a claim for sexual harassment, a victim may be able to recover a variety of damages. The amount and type of damages a person can claim will depend on the specific circumstances of their case. These include:

• Lost wages. This is typically included in claims where the victim was either terminated or demoted due to the harassment or reporting the harassment. This may also be included if the employee took time off work to deal with the harassment.
• Lost benefits. If you lost your job and, as a result, lost benefits such as medical care, you could file for the financial loss associated with these benefits.
• Medical expenses. In some cases, the victim seeks mental or physical assistance to help deal with the harassment. These expenses can be included in your claim.
• Emotional distress. This can be claimed if the harassment causes great stress.
• Attorney fees. If you had to pay for a lawyer, you can add these costs to your claim.

FAQs

Q: What Is the Burden of Proof in a Harassment Case?

A: The burden of proof in a harassment claim requires the victim to show that the conduct was unwelcome by reason of a protected trait such as sex and severe or persistent enough to foster an abusive work environment. Witness statements, emails, or consistent behavior strengthen the argument. For quid pro quo claims, the victim will need to establish a clear correlation between harassment and negative employment outcomes.

Q: What Defines a Hostile Work Environment?

A: A hostile work environment arises when unwanted behavior based on a protected trait, such as gender or race, is extreme or widespread enough to make a reasonable individual’s work environment fearful, abusive, or offensive. These might involve inappropriate words, comments, jokes, or expressions. This standard considers not only the victim’s own experience but also how an ordinary person in this situation would respond.

Q: What Is a Quid Pro Quo Harassment?

A: Quid pro quo harassment occurs when someone who has authority like a boss requests sexual favors in return for workplace privileges such as promotions or for protection from discriminatory punishments such as dismissal. Because there is a direct relationship between the request and an actual employment choice, this form of harassment is a serious violation of employment law.

Q: Can Coworkers Create a Hostile Work Environment?

A: Coworkers can create a hostile work environment if their behavior is offensive enough that it creates a toxic work environment for those around them. This can include offensive jokes, inappropriate sexual advances, or sharing or displaying offensive materials or pictures. This can be the case even if the harassment is not directed at a specific person but makes a general group of people feel uncomfortable.

Stockton Sexual Harassment Lawyer

Being sexually harassed is a serious matter. We understand how difficult it can be. We are knowledgeable of the legal system as it relates to sexual harassment, and we can help you with your case. Contact Fulton Law Corporation today for more information.