Millions of us go to work or school every day. You may use Uber or Lyft to get there. But if you arrive at your workplace or campus with a sense of dread because someone has been sexually harassing you, it can be unbearable. Even worse, the unthinkable may happen-- you suffer a sexual assault at work, school or while riding in that Uber or Lyft car. You’re left feeling angry and powerless to do anything about it. But know this: it doesn’t have to be that way.
California has strong, clear laws regarding sexual harassment, and they are ever-evolving. Among the new laws that took effect in 2019 are SB1300, which expanded the definition of what constitutes sexual harassment. Under SB 1300, one incident is now enough to sue an employer for sexual harassment if it results in a hostile work environment.
You don’t need to put up with sexual harassment. The experienced lawyers at The Dominguez Firm have successfully handled sexual harassment cases for over 30 years. You can contact us at 800-818-1818 for a free and confidential consultation today. We can help you obtain justice and take back your power too. Know that The Dominguez Firm is here for you during this difficult and stressful time.
What Is The Legal Definition Of Sexual Harassment?
According to the U.S. Equal Employment Opportunity Commission (EEOC), sexual harassment is defined as, “unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature that explicitly or implicitly affects an individual’s employment.” This definition includes any type of sexual harassment, regardless of gender.
In extreme cases, perpetrators may go beyond actions that would be considered grounds for a civil case, such as, for example, making lewd suggestions to an employee. Sexual assault or rape are both grounds for criminal charges in addition to civil charges. There is also a very good chance the victim will be entitled to punitive damages, given the particularly heinous and violent nature of the crime.
This list by no means exhausts possible sexual harassment situations. In general, if you feel in any way uncomfortable in the workplace, and you suspect that your sex or gender may have been a motivator for your abuser, trust your gut and notify management or contact a sexual harassment lawyer.
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If you’ve been sexually harassed, report it to your employer right away. Be aware that here in California, employers with 5 or more employees
Have a written anti-harassment policy and provide it to all employees as stated in Senate Bill 1343. This written policy should also outline the steps for reporting sexual harassment within the company. Follow the rules for reporting sexual harassment as outlined in your company’s policy.
You can either approach someone in your human resources department, if there is one or go to your direct supervisor. If the perpetrator is your direct supervisor and there is no human resources department, look for another person in a position of authority to notify.
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Keeping records of when the sexual harassment occurred, notes, names and especially witnesses adds strength to your case. It also helps to have a written record of the facts handy as the case progresses, so no details are overlooked later on.
If someone sends you explicit photos, emails, or anything of that nature, save them. You may be very tempted to delete them or throw them out, don’t. As upsetting as they may be, they are crucial pieces of evidence on which to build your case.
Once your employer has been notified of the sexual harassment you’ve been subjected to, they are legally obligated to act quickly to correct it. If they don’t-- or worse, retaliate against you, then call the Los Angeles sexual harassment attorneys at The Dominguez Firm right away.
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If you are the victim of employer retaliation, the most effective way to hold them accountable for violating your rights is to seek legal representation. You can be sure your employer will enlist the services of a skilled defense attorney. You’ll want to have an experienced sexual harassment lawyer by your side to take them on.
First, know that it is illegal for your employer to retaliate against you for filing a sexual harassment complaint. If any of the following has happened to you, you may be able to file an
Sometimes, an employer’s retaliation isn’t that obvious. Your employer may suddenly change your work schedule without advising you of it at first. While this may not be an issue for some, it could be for an employee with children or other family members to care for. That is, the shift change may have been intentional to make the employee’s life difficult in retaliation for filing a sexual harassment claim. The employer, however, may claim shift changes are a part of everyday operations within their company.
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Whether the retaliation is obvious or subtle, an experienced sexual harassment attorney knows the telltale signs of employer retaliation and how to make them pay for their actions.
Much of the press coverage of workplace sexual harassment has focused on people in the media and tech industries. While it has been an issue for people in both of those high-profile sectors, the vast majority of sexual harassment claims have been filed by women, and to a lesser degree, men in blue-collar industries such as manufacturing and food services.
According to the U.S. Bureau of Labor Statistics, women make up the majority of food service, retail and health care employees. Traditionally, low wages tend to be the common thread in all three. There may also be racial biases in addition to gender biases at play in these workplaces, as women of color have a large presence in these three industries. This can lead to power imbalances where those in positions of authority act inappropriately because they believe they can. Fortunately, they are quite mistaken.
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With heightened awareness of workplace sexual harassment, in part thanks to the #metoo movement, employers are becoming much more conscious of the consequences of condoning a pervasive culture that turns a blind eye, or worse, encourages a hostile work environment or toxic behavior on the part of some employees.
In spite of all that, sexual harassment in the workplace or on campus still happens. But no matter the sector you work in, you are not powerless and can act if you’ve been subjected to sexual harassment. The award-winning Los Angeles sexual harassment attorneys at The Dominguez Firm are here to help with a free case evaluation.
If you have decided to take legal action against your employer for workplace sexual harassment, then congratulations, you’ve done the right thing.
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To initiate any legal action for sexual harassment, certain steps must be taken after you have brought the harassment to the attention of your employer. First, you must file an “Administrative Claim” with either the California Department of Employment and Housing (DFEH), the Equal Employment Opportunity Commission (EEOC) or both.
Filing with the DFEH may be enough, but in some instances, filing with the EEOC gives you access to the protection of federal laws as well as state laws. The experienced sexual harassment attorneys at The Dominguez Firm can go over the best options for the particulars of your case with you.
Once you’ve filed your claim with the DFEH and/or the EEOC, you can ask that they conduct an investigation or you can ask for an immediate “Right to Sue” letter. This mandatory step in the process is called “exhausting your administrative remedies”. Sometimes the DFEH declines to investigate and may even pass on your case but issue a “Right to Sue” letter anyway.
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Upon receipt of your “Right to Sue” letter, The Dominguez Firm can help you file your sexual harassment lawsuit in civil court.
Our civil court system awards financial compensation, called damages to help remedy any sexual harassment a victim may have endured. Among the damages to which you may be entitled are:
Pursuing a sexual harassment claim can be a difficult first step, but it’s vitally important that you empower yourself by coming forward. New, stronger laws are now in place here in California to help sexual harassment victims find a voice. Increased awareness thanks to the #metoo movement is also exposing and helping to change long-entrenched beliefs that led to these abuses of power in the first place.
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If you or a loved one has suffered workplace sexual harassment, there’s no need to put up with it. Call the sexual harassment attorneys at The Dominguez Firm for a free and confidential case review at 800-818-1818 today. Our firm has over 30 years of experience helping sexual harassment victims find justice and the compensation they deserve. And we stand by our promise: no recovery, no fee.
The days of resigning yourself to the status quo are over. You deserve a safe, stress-free work environment so you can provide for you and your family. The sexual harassment attorneys at The Dominguez Firm are here to help you heal and look forward to a much brighter future.This is personal for us. We know the difference between right and wrong and have based our entire careers on reminding others of that distinction.
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