Choosing a Sexual Harassment Attorney is Important.
If you need an employment attorney to assist you with a sexual harassment lawsuit, you should find the best lawyer possible. RepresentYou is a State Bar of California referral service that refers potential clients with a employment law matters such as sexual harassment to qualified, trial-experienced sexual harassment lawyers.
Harassment at work of any kind is not right. At RepresentYou we have employment lawyers and personal injury lawyers who can help you with a sexual harassment lawsuit. Sexual harassment can be intolerable, in many cases sexual harassment can be perpetrated by your boss. In many cases if you are being sexually harassed, with the right lawyer you can file a lawsuit. If you have lost your job or are experiencing emotional distress you may be entitled to compensation from those who have wronged you. RepresentYou sexual harassment attorneys recognize that many victims of sexual harassment are forced to leave their jobs or are wrongfully terminated for complaining about the harassment. If you have been wrongfully terminated as a result of sexual harassment you should contact the best employment attorney you can find.
Furthermore, at RepresentYou, not only do our panel member attorneys have decades of expertise practicing law in the area of employment law, but they’re insured and also have no record of disciplinary action with the State Bar of California. In a few areas of employment law our panel of lawyers may have the ability to work on your behalf on a contingency “no win, no fee” basis*. In such situations, your employment personal injury lawyer may have the ability to advance all legal costs and would simply be compensated when he or she collects for you.
Do I have a Sexual Harassment Lawsuit?
Sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964.
Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment when submission to or rejection of this conduct explicitly or implicitly affects an individual’s employment, unreasonably interferes with an individual’s work performance or creates an intimidating, hostile or offensive work environment.
Sexual harassment can occur in a variety of circumstances, including but not limited to the following:
- The victim as well as the harasser may be a woman or a man.
- The victim does not have to be of the opposite sex.
- The harasser can be the victim’s supervisor, an agent of the employer, a supervisor in another area, a co-worker, or a non-employee.
- The victim does not have to be the person harassed but could be anyone affected by the offensive conduct. Unlawful sexual harassment may occur without economic injury to or discharge of the victim. The harasser’s conduct must be unwelcome.
- It is helpful for the victim to directly inform the harasser that the conduct is unwelcome and must stop.
- The victim should use any employer complaint mechanism or grievance system available.
- When investigating allegations of sexual harassment, EEOC looks at the whole record: the circumstances, such as the nature of the sexual advances, and the context in which the alleged incidents occurred. A determination on the allegations is made from the facts on a case-by-case basis.
Prevention is the best tool to eliminate sexual harassment in the workplace. Employers are encouraged to take steps necessary to prevent sexual harassment from occurring. They should clearly communicate to employees that sexual harassment will not be tolerated. They can do so by establishing an effective complaint or grievance process and taking immediate and appropriate action when an employee complains.
Sexual Harassment Laws: California Civil Code 51.9
Civil Code 51.9. (a) A person is liable in a cause of action for sexual harassment under this section when the plaintiff proves all of the following elements:
(1) There is a business, service, or professional relationship between the plaintiff and defendant. Such a relationship may exist between a plaintiff and a person, including, but not limited to, any of the following persons: (A) Physician, sychotherapist, or dentist. For purposes of this section, “psychotherapist” has the same meaning as set forth in paragraph (1) of subdivision (c) of Section 728 of the Business and Professions Code. (B) Attorney, holder of a master’s degree in social work, real estate agent, real estate appraiser, accountant, banker, trust officer, financial planner loan officer, collection service, building contractor, or escrow loan officer. (C) Executor, trustee, or administrator. (D) Landlord or property manager. (E) Teacher. (F) A relationship that is substantially similar to any of the above.
(2) The defendant has made sexual advances, solicitations, sexual requests, demands for sexual compliance by the plaintiff, or engaged in other verbal, visual, or physical conduct of a sexual nature or of a hostile nature based on gender, that were unwelcome and pervasive or severe.
(3) There is an inability by the plaintiff to easily terminate the relationship.
(4) The plaintiff has suffered or will suffer economic loss or disadvantage or personal injury, including, but not limited to, emotional distress or the violation of a statutory or constitutional right, as a result of the conduct described in paragraph (2). (b) In an action pursuant to this section, damages shall be awarded as provided by subdivision (b) of Section 52. (c) Nothing in this section shall be construed to limit application of any other remedies or rights provided under the law. (d) The definition of sexual harassment and the standards for determining liability set forth in this section shall be limited to determining liability only with regard to a cause of action brought under this section.
Find a Sexual Harassment Employment Lawyer
It is unlawful to harass a person (an applicant or employee) because of that person’s sex. Harassment can include “sexual harassment” or unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature.
Harassment does not have to be of a sexual nature, however, and can include offensive remarks about a person’s sex. For example, it is illegal to harass a woman by making offensive comments about women in general. Both victim and the harasser can be either a woman or a man, and the victim and harasser can be the same sex.
Although the law doesn’t prohibit simple teasing, offhand comments, or isolated incidents that are not very serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted). The harasser can be the victim’s supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer.
File a Sexual Harassment Lawsuit
If you need an employment attorney to assist you with a sexual harassment lawsuit, you are in luck. RepresentYou is a State Bar of California referral service that refers potential clients with a employment law matter such as including job discrimination, sexual harassment, age, race, gender, pregnancy, glass ceiling, and disability discrimination, wage & overtime claims, non-compete matters, wrongful termination, whistle blowing, and much more to qualified, trial-experienced lawyers.
Sexual Harassment Attorneys
Sexual harassment in the workplace environment is taken very seriously, so if you or someone you know has been sexually harassed in a place of employment it may be a good idea to seek legal representation. The abundance of sexual harassment lawyers can often make finding the right attorney for your legal needs a difficult process. RepresentYou is a California State Bar Certified lawyer Referral Service that offers employment law attorneys with a minimum of 20 years experience handling workplace related claims such as sexual harassment law.
Sexual harassment is conduct of a sexual nature, or of a hostile nature based on gender, that is unwelcome and pervasive and which occurs in a business, service, professional or employer- employee relationship. Conduct that constitutes sexual harassment can be verbal, physical, or visual that is of a sexual nature, which includes sexual advances, solicitations, sexual requests, and demands for sexual compliance. Sexual harassment claims require an individual to show that they have suffered economic loss, personal injury, disadvantage, or emotional distress, or that an individual will suffer such damages in the future as a result of the defendants conduct.
In sexual harassment cases it may be necessary to show a pattern or multiple instances of behavior that was sexual in nature, while other cases may involve only one event that was particularly harmful. In sexual harassment in the workplace cases the conduct must be unwelcome, and the action is taken into consideration regardless of any past relationship between the plaintiff and defendant, even if the past relationship involved consensual conduct that was sexual in nature. Depending on the specific circumstances of your case, it is often to one’s advantage to seek a witness, such as a co-worker, or any other individual that may assist in validating a claim of sexual harassment.
What is a Sexual Harassment Case?
If the sexual misconduct has been perpetrated by a non-supervisorial co-worker of the injured party, then the latter is under a duty to promptly report the offense to the employer. Then, it is recommended that the employee promptly seek counsel so that the sexual harassment lawyer can begin obtaining witness statements and declarations. Such action will drastically increase the value of the case.
Once the initial report is given to the employer they are obligated, by law, to take immediate action against the offender. If the employer does not act then he or she will incur liability and be responsible to the plaintiff for the substantial types of damages that have been outlined above. The same may well hold true in the case of an offender who is a business customer or client of the employer.
Conversely, any sexual harassment case involving an agent or supervisor of the employer will lead to that employer’s strict liability and the victim has no legal obligation to report the incident internally. Rather, it is within the victim’s rights to first retain counsel so that the sexual harassment lawyer may obtain the necessary number of witness statements before the employer is notified. This will not allow the employer time to silence potential witnesses within the company.
Compensation for Sexual Harassment
When assessing the damages or what one may be entitled to receive as a result of a sexual harassment claim one should keep in mind that damages will vary, depending on the specific circumstances surrounding each case. Generally, damages will be awarded based on the way in which a case is settled, the severity of the harassment and the result of the harassment in terms of harm. When filing a claim for sexual harassment the damages you may receive will in some cases depend on the way you and your employment law attorney choose to handle your case. These options may include litigation in civil court, pre-trial mediation, or arbitration as part of an employment agreement.
In sexual harassment cases, the types of damages that may be awarded include compensatory and punitive damages. Compensatory damages may be granted based on factors such as present and future suffering, as well as past, present, or future expenses that may incur as a result of the sexual harassment. Compensatory damages that may be awarded for sexual harassment include damages for emotional distress, loss of earnings, projected loss of earnings, and medical expenses such as medical treatment, therapy, and medicines.
One may receive punitive damages in cases where a supervisor is legally responsible for sexual harassment committed by another employee or non-employee.These damages are determined based on the net worth of the employer’s company, yet in some cases cannot exceed nine times the amount of compensatory damages that have been awarded. In order to justify punitive damages it must be shown that in committing the sexual harassment the defendant acted maliciously, oppressively, or fraudulently.
Find a Sexual Harassment Attorney
As with most legal issues, time is of the essence if you are seeking legal representation for a sexual harassment claim. At RepresentYou our representatives have the resources to quickly refer you to a competent sexual harassment lawyer. RepresentYou is a State Bar of California Legal Referral Service that has a panel of some of the most ethical and competent employment attorneys. All of whom have at least 20 years experiences practicing law, have never been disciplined by the California Bar Association or any other bar association, and each carry malpractice insurance.
RepresentYou’s panel member attorneys also have experience in other areas of employment law, RepresentYou can provide you with intentional infliction of emotional distress attorneys , wrongful constructive termination attorneys, workplace discrimination attorneys, harassment & hostile work environment attorneys, unpaid wages, overtime and commissions attorneys, wrongful termination attorneys, discrimination attorneys, disability discrimination attorneys, sexual, harassment attorneys and whistleblower retaliation attorneys
At RepresentYou you can contact us 24 hours a day, 7 days a week if you are seeking information about receiving a referral to an employment law attorney. You can contact us online at our company’s lawyer referral service website, RepresentYou.com, or you may contact a representative by phone at our toll-free number 1-888-973-7968. Our services are also available in English, Spanish, French, and Portuguese.
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