Sexual Harassment Attorney

Sexual Harassment Attorney

At Bear Republic Law, we understand the profound impact sexual harassment can have on your career, well-being, and daily life. Our sexual harassment attorneys have dedicated their careers to supporting California workers facing inappropriate conduct, hostile work environments, and discrimination. With a proven track record of successful outcomes, our sexual harassment lawyers work tirelessly to hold perpetrators accountable and help survivors seek justice.

Legal Support You Can Count On

Reach out to our team at 949-569-7224 or visit our contact page to get started today.

What is Considered Sexual Harassment in the Workplace?

Sexual harassment in the workplace, as defined under California's Fair Employment and Housing Act (FEHA), includes:

  • Quid Pro Quo Harassment: When a supervisor or person in authority makes unwanted sexual advances or requests sexual favors as a condition of employment decisions. One incident is sufficient to establish this form of harassment.
  • Hostile Work Environment: Unwelcome conduct of a sexual nature that is severe or pervasive enough to create an intimidating, hostile, or offensive work environment. Per California Government Code § 12923(b), a single incident may be sufficient if severe.
  • Physical Conduct: Unwanted touching, blocking normal movement, or physical interference with work. Under FEHA regulations (2 CCR § 11019(b)), this includes assault, impeding movement, or offensive physical contact.
  • Verbal/Visual Harassment: Sexual comments, jokes, slurs, or graphic materials. California law explicitly states that harassment can be verbal, physical, visual, or written (Gov. Code § 12940(j)(1)).
  • Third-Party Harassment: Employers are liable for harassment by non-employees (such as customers or vendors) if they knew or should have known of the conduct and failed to take immediate corrective action.
  • Gender-Based Harassment: Harassment need not be motivated by sexual desire but may be based on an individual's actual or perceived sex or gender identity (Gov. Code § 12940(j)(4)(C)).

Remember: Under California law, employers with one or more employees must provide a workplace free from sexual harassment. The conduct must be unwelcome, and the standard is based on whether a reasonable person would find the behavior hostile, offensive, or abusive.

How Much Compensation Might I Receive in A Sexual Harassment Lawsuit?

At Bear Republic Law, we help sexual harassment survivors pursue all forms of available compensation under California law. Understanding your potential recovery options is crucial when considering legal action. Here are the types of compensation available in sexual harassment cases:

  • Lost Wages and Benefits: Recovery of income lost due to harassment, including salary, bonuses, commissions, and benefits you would have earned if not for the harassing conduct. This includes compensation for time off work due to harassment-related stress or medical treatment.
  • Future Lost Earnings: Compensation for income you may lose in the future due to career disruption, including potential promotions or opportunities denied because of harassment. This can include long-term impact on your earning capacity.
  • Medical Expenses: Coverage for physical and mental health treatment related to the harassment, including therapy, counseling, medication, and other necessary medical care. This includes both current and anticipated future medical costs.
  • Emotional Distress Damages: Compensation for psychological harm, anxiety, depression, humiliation, and other emotional suffering caused by the harassment. California law recognizes significant emotional distress damages in harassment cases.
  • Punitive Damages: Additional compensation awarded to punish employers for particularly egregious conduct or willful disregard of employee rights. These damages serve to deter future harassment and can be substantial in cases of severe misconduct.
  • Attorney Fees and Legal Costs: Recovery of legal expenses, including attorney fees, court costs, and expenses related to pursuing your case. California law often requires employers to pay these costs when harassment is proven.
  • Back Pay Interest: Interest on lost wages and benefits from the date they should have been paid until the resolution of your case. This ensures full compensation for the time value of lost income.
  • Job Reinstatement: Return to your position with appropriate safeguards, or front pay if reinstatement isn't feasible. This includes restoration of seniority and benefits you would have earned.
  • Injunctive Relief: Court orders requiring employers to take specific actions, such as implementing new harassment policies, providing training, or removing harassers from the workplace. These changes help prevent future harassment.
  • Stock Options and Equity: Recovery of lost stock options, restricted stock units, or other equity compensation you would have received if not for the harassment. This includes the current value of any equity that vested during the period affected by harassment.
  • Benefits Adjustment: Compensation for lost retirement benefits, healthcare coverage, and other employment benefits affected by the harassment. This includes adjustments to pension calculations and other long-term benefits.

Every sexual harassment case is unique, and the compensation available depends on various factors, including the severity of harassment, duration of conduct, employer response, and documented damages. Our attorneys work diligently to identify and pursue all forms of available compensation to ensure you receive full and fair recovery for the harm you've endured.

How a California Sexual Harassment Lawyer Can Help

Sexual Harassment Attorney

Taking action against workplace sexual harassment can seem overwhelming, but you don't have to face this challenge alone. Our California sexual harassment lawyers provide comprehensive support throughout every stage of your case, from initial consultation to final resolution. Here's a detailed look at how our legal team at Bear Republic Law guides you through the process, starting with your first meeting.

Initial Case Evaluation and Legal Strategy Development

When you first reach out to our sexual harassment lawyers, we will conduct a thorough evaluation of your situation. This process involves reviewing any documentation you have gathered, listening to your account of events, and identifying potential witnesses. Our sexual harassment attorneys analyze the strength of your case under California law and develop a comprehensive legal strategy tailored to your specific circumstances and goals. This initial assessment helps determine the most effective path forward, whether through settlement negotiations or litigation.

Documentation and Evidence Gathering

We help preserve and gather crucial evidence to support your case. Our California sexual harassment attorneys will guide you in maintaining detailed records of incidents, collecting relevant emails, text messages, and photographs, and identifying potential witnesses. We also help obtain security footage, personnel files, and other workplace records that might be relevant to your case. Through systematic documentation, we build a strong foundation of evidence that demonstrates the pattern of harassment you've experienced.

Administrative Complaint Filing

Our sexual harassment lawyers manage the complex process of filing administrative complaints with the appropriate agencies. We will seek to ensure proper completion of all required paperwork with the Department of Fair Employment and Housing (DFEH) and the Equal Employment Opportunity Commission (EEOC). Our California sexual harassment attorneys meet crucial filing deadlines and follow proper procedures, preventing technical errors that could harm your case. This process preserves your right to pursue a sexual harassment lawsuit while creating an official record of your complaint.

Workplace Investigation Support

During internal workplace investigations, our sexual harassment lawyers serve as your advocate and advisor. We will help you prepare for investigative interviews, review investigation protocols, and ensure your rights are protected throughout the process. Our sexual harassment attorneys monitor the investigation's progress and fairness, challenging any procedural irregularities or bias. We also help you understand your rights regarding participation in the investigation while maintaining your employment protections.

Settlement Negotiation and Mediation

Our California sexual harassment lawyers represent your interests during settlement negotiations and mediation sessions. We will calculate the full value of your damages, including lost wages, emotional distress, and other compensable harm. Our attorneys use their knowledge of similar cases and outcomes to evaluate settlement offers and negotiate for fair compensation. We also ensure any settlement agreements protect your future interests and include necessary non-monetary terms, such as policy changes or reinstatement.

Courtroom Representation

If settlement efforts prove unsuccessful, our sexual harassment lawyers prepare and present your case in court. We develop compelling legal arguments, prepare witnesses, handle evidentiary issues, and represent you throughout trial proceedings. Our California sexual harassment attorneys manage all aspects of litigation, from filing the initial complaint to presenting closing arguments. We use our trial experience to effectively communicate your story to judges and juries while protecting your rights throughout the legal process.

Protection Against Retaliation

Our sexual harassment lawyers help safeguard you against workplace retaliation. We advise you on your protected activities under California law and help document any adverse actions taken against you for reporting harassment. Our attorneys take swift action to address retaliatory behavior, whether through additional legal claims or immediate injunctive relief. We ensure your employer understands the serious consequences of retaliation while protecting your career and professional interests.

Emotional Support and Guidance

As California employment lawyers, we understand the emotional toll of workplace harassment. We provide supportive guidance throughout the legal process while maintaining professional boundaries. Our attorneys help you understand what to expect at each stage of your case and prepare you for potentially challenging aspects of the process. We also connect you with appropriate resources for emotional support and counseling when needed.

Workplace Policy Reform

Beyond individual cases, we work to create lasting change in workplace environments. We negotiate for policy improvements, training requirements, and systematic changes that prevent future harassment. Our California sexual harassment attorneys recommend specific policy reforms based on our experience and knowledge of best practices. This approach helps protect both current and future employees from experiencing similar harassment.

Long-term Career Protection

Our sexual harassment lawyers help protect your long-term career prospects. We work to minimize professional disruption while pursuing your case and negotiate for provisions that safeguard your future employment opportunities. Our attorneys can help address concerns about references, employment records, and confidentiality agreements. We ensure any resolution includes provisions that protect your ability to advance in your career without the shadow of harassment or retaliation.

Damages Assessment and Recovery

Our California sexual harassment lawyers have deep knowledge of available remedies under California law. We calculate all forms of compensable damages, including lost wages, benefits, emotional distress, and punitive damages in appropriate cases. Our attorneys present compelling evidence of these damages through expert testimony, documentation, and narrative development. We work to ensure you receive full compensation for both economic and non-economic harm caused by the harassment.

Ongoing Legal Compliance

After resolving your immediate case, our sexual harassment attorneys help ensure ongoing compliance with any settlement terms or court orders. We monitor the implementation of required changes and address any violations promptly. Our California sexual harassment lawyers remain available to address new concerns or questions that arise during the implementation phase. This continued support helps ensure the lasting effectiveness of the resolution reached in your case.

Types of Sexual Harassment Cases We Handle

At Bear Republic Law, we handle a wide range of sexual harassment cases throughout California. Our attorneys understand that sexual harassment can manifest in many different ways, and we are committed to providing strong representation for all forms of workplace harassment.

  • Quid Pro Quo Harassment: Cases where supervisors or managers demand sexual favors in exchange for job benefits or threaten negative consequences if requests are denied. This includes situations involving promotions, raises, or continued employment.
  • Hostile Work Environment: Ongoing conduct that creates an intimidating, offensive, or hostile atmosphere through persistent sexual comments, displays, or behaviors that interfere with work performance.
  • Physical Harassment: Unwanted touching, inappropriate physical contact, or invasion of personal space, ranging from seemingly casual touching to more aggressive forms of physical conduct.
  • Verbal Sexual Harassment: Persistent unwanted sexual comments, inappropriate jokes, remarks about appearance or body parts, or explicit discussions about sexual activities that create discomfort.
  • Digital Harassment: Unwanted sexual messages, images, or advances through work email, messaging platforms, or social media, including after-hours communication from colleagues or supervisors.
  • Gender-Based Discrimination: Harassment targeting individuals based on their gender identity or expression, including derogatory comments, unequal treatment, or stereotyping.
  • Third-Party Harassment: Cases involving inappropriate conduct from clients, customers, or vendors where employers fail to take appropriate protective action after becoming aware of the situation.
  • Visual Harassment: Display or sharing of sexually explicit images, videos, or materials in the workplace, including through digital means or physical postings.
  • Supervisory Harassment: Cases where those in positions of authority abuse their power through sexual advances, inappropriate behavior, or creating pressure for sexual relationships.
  • Retaliatory Harassment: Situations where employees face negative consequences, including termination, demotion, or hostile treatment, for reporting sexual harassment or supporting others' complaints.

If you've experienced any of these forms of harassment, our attorneys can help evaluate your case and determine the best course of action. California law provides strong protections against workplace sexual harassment, and we work diligently to hold employers accountable and seek appropriate compensation for our clients.

What To Do If You're Experiencing Sexual Harassment in the Workplace

If you're experiencing sexual harassment at work, taking the right steps can help protect your rights and strengthen your legal position. Here are the essential actions you should take:

  • Document Everything: Keep a detailed written record of each incident, including dates, times, locations, and names of any witnesses. Save all related emails, texts, photos, or other evidence in a secure location outside of work.
  • Report the Harassment: Follow your company's harassment reporting procedures, typically found in the employee handbook or HR policies. Submit your complaint in writing and keep copies of all communications.
  • Preserve Digital Evidence: Take screenshots of inappropriate messages, emails, or social media posts before they can be deleted. Forward work emails to a personal account and save them securely.
  • Seek Medical Care: If you're experiencing anxiety, depression, or other health issues due to the harassment, seek medical care and keep records of all treatment. These medical records can serve as important evidence.
  • Review Company Policies: Obtain and carefully read your employer's sexual harassment policies and reporting procedures. Note whether your employer is following their own stated procedures.
  • Maintain Performance: Continue performing your job duties to the best of your ability and document any interference with your work due to harassment. Keep copies of positive performance reviews or feedback.
  • Set Clear Boundaries: Tell the harasser clearly and firmly that their behavior is unwanted and must stop. Document when and how you communicated these boundaries.
  • Identify Witnesses: Make note of anyone who witnessed the harassment or similar behavior toward others. Consider whether coworkers might be willing to support your account.
  • Avoid Retaliation: Don't engage in retaliatory behavior, even if provoked. Maintain professional conduct and document any retaliation you experience after reporting.
  • Contact Internal Resources: Reach out to your union representative if applicable, or any designated harassment resources within your organization. Keep records of these communications.
  • Be Mindful of Deadlines: Note that there are strict time limits for filing complaints with government agencies. In California, you generally have three years from the last incident to file with the DFEH.
  • Consult Legal Counsel: Contact a sexual harassment attorney promptly to understand your rights and options. Many cases become more challenging to prove as time passes.

If you're experiencing workplace sexual harassment in California, Bear Republic Law is here to help. We provide confidential consultations to discuss your situation and outline your legal options. The sooner you take action, the better positioned you'll be to protect your rights and seek justice.

Stand Up Against Sexual Harassment – We're Here to Help

If you're experiencing workplace sexual harassment, you don't have to face it alone. Bear Republic Law provides confidential consultations to discuss your situation and protect your rights. Our sexual harassment attorneys serve clients throughout California, working on a contingency fee basis – meaning you pay nothing unless we secure compensation for you. Contact us today to take the first step toward justice and a safer workplace.

Legal Support You Can Count On

Reach out to our team at 949-569-7224 or visit our contact page to get started today.


California Sexual Harassment in the Workplace FAQs

How long do I have to file a sexual harassment claim in California? Under California law, sexual harassment victims have three years from the date of the last incident to file a claim with the Department of Fair Employment and Housing (DFEH). Once you receive a right-to-sue notice, you have one year to file a civil lawsuit.

Does my company's size matter when filing a sexual harassment claim? California's Fair Employment and Housing Act (FEHA) applies to all employers with one or more employees, providing broader protection than federal law, which only covers employers with 15 or more employees.

Will my identity be kept confidential if I file a complaint? While complete anonymity cannot be guaranteed during an investigation, California law provides strong confidentiality protections. Your employer is required to maintain confidentiality to the extent possible, and retaliation for filing a complaint is illegal.

What if the harassment occurs at a work-related event outside the office? Sexual harassment that occurs at work-related events, including off-site meetings, business trips, and company social gatherings, is covered under California harassment laws. The key factor is whether the event was connected to employment.

Can my employer require me to sign an arbitration agreement for harassment claims? As of 2020, California law (AB 51) prohibits employers from requiring employees to sign mandatory arbitration agreements for harassment claims as a condition of employment, though federal courts are still reviewing this law.

What if the harasser is not my direct supervisor? You're protected from harassment by supervisors, coworkers, contractors, clients, customers, and other third parties. Your employer has a duty to prevent and address harassment from any source in the workplace.

Can undocumented workers file sexual harassment claims? Yes, California labor laws protect all employees regardless of immigration status. Your immigration status cannot be used against you in a harassment claim, and employers cannot report or threaten to report workers to immigration authorities in retaliation.

What compensation might I receive beyond lost wages? Beyond lost wages, you may receive compensation for emotional distress, medical expenses, therapy costs, damage to career advancement, punitive damages in cases of serious misconduct, and attorney fees.

If I report harassment, what protections do I have against retaliation? California law strictly prohibits retaliation for reporting harassment. Protected activities include filing complaints, participating in investigations, and supporting other employees' harassment claims. Any negative employment action in response can form the basis of a separate retaliation claim.

What if my employer didn't know about the harassment? For harassment by a supervisor, the employer is automatically liable. For coworker harassment, the employer is liable if they knew or should have known about the harassment and failed to take appropriate corrective action.

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