Sexual Harassment Lawyer Orange County

Rubin Law Corporation offers comprehensive legal services for sexual harassment cases in Orange County, ensuring that clients receive the dedicated support and advocacy they deserve. Our experienced team is committed to protecting client rights and providing robust legal assistance through every step of the process. 

With a proven track record of handling complex cases, an employment lawyer in Orange County from Rubin Law stands as a trusted ally in the fight for justice and fair treatment.

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Overview of Sexual Harassment Laws in California

In California, sexual harassment laws are primarily governed by the Fair Employment and Housing Act (FEHA). This state law provides extensive protections against workplace sexual harassment and discrimination based on sex, gender, gender identity, and sexual orientation.

Key Elements of California Sexual Harassment Laws

Definition of Sexual Harassment: Under FEHA, sexual harassment includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that affects an individual’s employment, interferes with their work performance, or creates a hostile or offensive work environment. Anything that fits into these categories would constitute sexual harassment.

Types of Sexual Harassment

  • Quid Pro Quo: This occurs when submission to sexual favors or rejection of such conduct by an individual is used as the basis for employment decisions affecting that individual.
  • Hostile Work Environment: This is created when the conduct unreasonably interferes with an employee’s work performance or creates an intimidating, hostile, or offensive working environment.

Employer Responsibilities 

Employers are required to take all reasonable steps to prevent discrimination and harassment from occurring. This includes implementing effective anti-harassment policies, providing training to employees and supervisors, and promptly addressing any sexual harassment claims.

Employee Rights

Employees have the right to work in an environment free from harassment and discrimination. They can report sexual harassment to the California Civil Rights Department (CRD) if they believe they have been subjected to harassment. Retaliation against employees who have been sexually harassed for reporting unwanted sexual advances or participating in an investigation is also prohibited.

Legal Remedies

Sexual harassment victims in California may be entitled to various remedies, including reinstatement, back pay, compensatory damages for emotional distress, and punitive damages. They may also seek injunctive relief to prevent further harassment.

Workplace sexual harassment is unacceptable, and it’s on the employers to prevent sexual harassment in their workplace. California’s robust legal framework aims to protect employees and ensure a safe and respectful workplace.

Step-by-Step Process of Seeking Legal Assistance for Orange County Sexual Harassment

Seeking legal assistance for workplace sexual harassment in California involves several important steps. Here’s a step-by-step guide to help you navigate the process according to California law:

Understand What Constitutes Sexual Harassment

Familiarize yourself with the definitions and examples of sexual harassment, including quid pro quo and hostile work environment harassment. For instance, repeated sexual advances or using sexually degrading words can be considered sexual harassment.

Document the Harassment

Keep detailed records of all incidents, including dates, times, locations, what was said or done, and any witnesses. Save any relevant emails, texts, or other communications.

Report the Sexual Abuse, Sexual Assault, or Harassment Internally

Follow your employer’s procedures for reporting harassment. This typically involves notifying a supervisor, HR department, or another designated individual within your organization.

File a Sexual Harassment Complaint with the California Civil Rights Department (CRD)

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If the internal reporting process doesn’t resolve the issue, you can file a complaint with the CRD. This must generally be done within one year of the last incident of harassment. The CRD will investigate the complaint and may attempt to mediate a resolution.

Seek Legal Advice

Consult with experienced sexual harassment attorneys. Here at Rubin Law Corporation, we can provide guidance on your rights and options, and help you navigate the legal process.

Consider Filing a Lawsuit

If the CRD’s intervention doesn’t lead to a satisfactory resolution, your attorney may advise you to file a lawsuit against your employer. This step should be taken carefully considering the potential outcomes and legal implications.

Prepare for Legal Proceedings

Work with your attorney to gather evidence, identify witnesses, and build a strong case. Be prepared for depositions, court appearances, and other legal procedures.

Seek Remedies and Compensation

Through the legal process, you may be entitled to remedies such as reinstatement, back pay, compensatory damages for emotional distress, and punitive damages. Your attorney will advocate on your behalf to achieve the best possible outcome.

Following these steps, you can seek legal assistance and pursue justice for workplace sexual harassment in California.

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Frequently Asked Questions About Sexual Harassment Cases

What Constitutes Sexual Harassment?

Sexual harassment includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature. This can create a hostile work environment or result in employment decisions that affect the victim. It can be categorized into two main types: quid pro quo harassment, where job benefits are contingent on sexual favors, and hostile work environment harassment, where the conduct creates an intimidating or offensive workplace.

How Do I Know If I’ve Been Sexually Harassed?

If you experience unwelcome behavior that is sexual and affects your work environment or employment status, you may have been sexually harassed. This can include inappropriate touching, comments, jokes, or displays of sexual images. It’s important to document these incidents and consider whether they create a hostile or offensive work environment.

What Should I Do If I’m Being Sexually Harassed?

First, document all incidents of harassment, including dates, times, and descriptions of the behavior. Report the harassment to your supervisor, your company’s human resources department, or any designated person within your organization. If the internal process doesn’t resolve the issue, you can file a complaint with the California Civil Rights Department (CRD) or consult with an attorney specializing in employment law.

Can I Be Retaliated Against for Reporting Sexual Harassment?

It’s illegal for employers to retaliate against employees for reporting sexual harassment or participating in an investigation. Retaliation can include demotion, termination, unfavorable work assignments, or other adverse actions. If you experience retaliation, you should report it immediately.

How Do I Prove That Sexual Harassment Occurred?

Proving sexual harassment can involve providing evidence such as emails, text messages, witness statements, and documentation of the incidents. Consistent and detailed records of the harassment can strengthen your case. An experienced attorney can help you gather and present this evidence.

What Legal Remedies Are Available for Victims of Sexual Harassment?

Victims of sexual harassment may be entitled to various remedies, including reinstatement to their position, back pay, compensatory damages for emotional distress, and punitive damages. Legal proceedings can also result in injunctive relief to prevent further harassment. The remedies depend on the details of the case and the impact of the harassment on the victim.

How Long Do I Have to File a Complaint?

Under California law, you generally have three years from the date of the last incident of harassment to file a complaint with the CRD. It’s important to act promptly to ensure your rights are protected and to allow for a thorough investigation and resolution. Once a Right to Sue issues from the CRD, you have one year to file in State Court. Federal rules for the EEOC are very different and much shorter. 

The statute of limitations on taking legal action means timely action after experiencing sexual harassment is crucial to preserve evidence, protect your rights, and prevent further harm. Prompt action can also ensure that legal deadlines are met, maximizing the chances of a successful resolution and obtaining appropriate remedies. 

Contact an Orange County sexual harassment lawyer at Rubin Law Corporation today for a free consultation to discuss the harassing conduct you’ve experienced in your workplace.