Legal Protections Against Sexual Harassment in the Workplace

Posted on Sunday January 12, 2025

Sexual harassment in the workplace is a pervasive problem undermining employees’ dignity, safety, and well-being. It basically comes in two major forms: hostile work environment and quid pro quo. A hostile work environment usually involves situations where inappropriate jokes or unwanted physical advances are made and involve an intimidating atmosphere. On the other hand, Quid Pro Quo relates to situations wherein employment benefits are conditioned upon yielding to unwanted sexual advances. Mara Law Firm, PC has concentrated on helping San Diego residents solve such problems with professional advice and legal intervention.

What is Workplace Sexual Harassment?

Workplace sexual harassment includes unwelcome verbal, physical, or visual conduct based on a person’s sex or gender. It breaches California’s Fair Employment and Housing Act, which offers strong protections and ensures safer work environments for employees.

Federal laws, such as Title VII of the Civil Rights Act of 1964, also prohibit sex-based discrimination and define sexual harassment as unlawful behavior. Examples include inappropriate comments, touching, or explicit emails that disrupt the workplace.

Retaliation at Work for Reporting Sexual Harassment

This may be an act of the employer against an employee for reporting harassment, such as demotion, exclusion from opportunities, or even termination. Such actions have been prohibited under federal and California laws that protect the reporting of concerns, so employees are better protected.

What to Do If You Experience Unwanted Sexual Behavior at Work in San Diego, CA

Document and Report

Keep a record of the incidents, including dates, times, locations, and participants. Documentation strengthens your case and helps hold people accountable.

Understand Company Reporting Procedures

Look in your employee handbook for your employer’s policies on harassment. Most companies have, in detail, how to report this, whether through HR or anonymous channels, so employees know their rights and options.

Gather and Preserve Evidence of Harassment

Document everything relevant: obnoxious emails, text messages, or recorded conversations. These are vital pieces of evidence that come in handy during investigations and help to recreate a timeline of events.

Recognize and Report Retaliation

Keep track of any negative treatment after reporting. If retaliation occurs, document examples and seek legal advice as soon as possible to protect your rights; this will keep you ahead in your defense.

Reporting Time Limits for Sexual Harassment Claims

Timely reporting is very important for a complete investigation and the administration of justice. In California, complaints are to be filed with the DFEH within three years, which gives ample time to the victim to collect all necessary evidence and come forward. Federal-level charges to the EEOC must be filed within 180 days, which is extendable to 300 days in states with local enforcement agencies. These time frames, therefore, mean that your case will be considered and the possibility of gaining justice increased.

Types of Compensation Available in Sexual Misconduct Claims

Economic Damages.
Victims can be compensated for lost wages, medical expenses, and other tangible costs related to the harassment.

Non-Economic Damages
Damages can also cause emotional distress, pain, and suffering, realizing the psychological impact of harassment.

Punitive Damages
In the most heinous of circumstances, punitive damages can be rewarded as a way of punishing the offender and deterring future actions of misconduct.

How a Workplace Sexual Offenses Lawyer Can Help

Understanding Your Rights
The law is nuanced. We interpret the protections under both federal and California statutes for you.

Guidance on Documentation
We at our firm assist with strategies in organizing and presenting evidence to strengthen your case.

Negotiating with Employers
We negotiate disputes in view of a fair settlement, not the stress of long litigation.

Filing Charges with Government Agencies
Our representatives assist in drafting complaints to the DFEH or EEOC, ensuring all legal requirements are met in doing so.

Legal Representation in Court
If your case must escalate, our attorneys strongly advocate on your behalf in pursuit of justice.

Addressing Retaliation
We help enforce anti-retaliation protections, defending your rights through each and every stage of the process.

Frequently Asked Questions About Workplace Harassment of a Sexual Nature

Does Sexual Harassment Have to Be Explicitly Sexual?
No. Harassment can be a form of gender-based discrimination or degrading remarks, even if it is not overtly sexual.

Do the Victim and Perpetrator Have to Be of Opposite Sex?
No. The laws against harassment protect both men and women, whether homosexual, bisexual, or heterosexual.

Can My Employer Fire Me for Reporting Workplace Sexual Misconduct?
No, retaliation for filing a harassment complaint is prohibited under Title VII according to the U.S. Equal Employment Opportunity Commission.

Contact a Workplace Sexual Offenses Lawyer in San Diego California

At Mara Law Firm, PC, we are committed to protecting San Diego employees from workplace injustices. Contact us today at  619-234-2833 or visit us at 2650 Camino Del Rio North, Suite #302 San Diego, 92108 to discuss your case and explore your legal options.

David Mara

David Mara, founder of Mara Law Firm, PC, is a California employment attorney specializing in wage and hour law and representing injured civilians under U.S. defense contracts. He has recovered tens of millions for workers and contributed to landmark cases like Brinker Restaurant Corp. v. Superior Court. A member of multiple legal organizations, he also shapes California labor laws through legislative reviews. Mara holds a B.A. from San Diego State University and a J.D. from California Western School of Law and is admitted to practice in various federal courts.

At Mara Law Firm, we are dedicated to fiercely advocating for workers who have faced wage theft, violations of California labor laws, or injuries sustained under a U.S. Defense Contract. With decades of experience, our attorneys provide personalized, confidential, and no-cost consultations to ensure the best outcomes for our clients. We bring unmatched expertise to protect your interests and fight relentlessly to secure the compensation you deserve, guiding you through every step of the legal process to uphold your rights and deliver the relief you need.

Contact us now for a free and confidential consultation

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