Every worker, no matter what job they’re performing, has the right to feel safe and respected while on the clock. But when a boss’s, supervisor’s, or co-worker’s actions cross the line from professional to personal in an inappropriate way, that sense of safety is gone. A Hayward sexual harassment lawyer is ready to help you fight for what you’ve been through.
There are steps that you must complete before you are eligible to file a lawsuit for sexual harassment in California. To learn more about these steps and your rights under both state and federal law, please contact Varlack Legal Services online or by phone to schedule a 100% free case evaluation.
Sexual Harassment in the Workplace—How the Law Categorizes On-the-Job Mistreatment
Workplace sexual harassment covers any and all forms of unwelcome romantic or sexual advances. In California, state law recognizes two different types:
- Quid pro quo
- Hostile work environment
To fall under the category of sexual harassment, the mistreatment, abuse, or actions must be pervasive and severe. Depending on the severity of an offender’s actions, a single occurrence may not rise to meet the legal definition.
Let’s review the two different forms of sexual harassment as recognized by state law:
Quid Pro Quo Harassment
In Latin, quid pro quo translates to “this for that.” When sexual harassment becomes a condition of a victim’s job, it falls under the category of quid pro quo.
A superior or co-worker may have committed this form of harassment if they asked or forced you to perform sexual favors or endure repeated harassment in exchange for:
- Promotions
- Raises
- Better work assignments
- Better hours or different shifts
Hostile Work Environment
When repeated unwanted comments, advances, or harassment interfere with your on-the-job performance or create a hostile or intimidating environment, it falls under the category of hostile work environment.
With both quid pro quo harassment and situations involving hostile environments in your place of work, it is important to record and collect as much evidence as possible. Something as simple as a notebook or document on your phone with the date and time of the harassment and the names of all involved parties can be extremely helpful. Keep this evidence in a safe place, preferably not on any devices or accounts that your work has access to.
Is What Happened to Me Considered Sexual Harassment?
We know that many victims struggle with processing what’s happened to them. If you feel bad, uncomfortable, distressed, or traumatized but can’t put your finger on why, we want to reassure you that you are not alone.
Examples of sexual harassment in the workplace can include:
- Leering or staring
- Rude gestures
- Unwanted sexual advances
- Bartering benefits for sexual favors
- Making graphic or sexually suggestive comments
- Displaying sexually graphic images
- Sharing sexually explicit photos, images, or content
- Unwanted touching
- Physically blocking a person’s path or cornering them
Victims of workplace sexual harassment can often benefit from the guidance of licensed mental health care professionals, including psychologists and psychiatrists. After you’ve met with a health care provider to support your ongoing mental and emotional health, we encourage you to evaluate whether you may need to also meet with a sexual harassment attorney to take legal action.
Your Right to a Safe Work Environment
The California Fair Employment and Housing Act of 1959 protects your right to a safe work environment. This act not only prohibits employment discrimination on the basis of race, sex, disability, religion, national origin, ancestry, and more but also requires employers to take necessary measures to prevent sexual harassment from occurring.
You have a legal right to a safe work environment that is free from sexual harassment.
Can I Be Fired for Filing a Sexual Harassment Lawsuit?
The law also protects you from retaliation. This means that if you make a report or file a legal claim, your boss and company cannot retaliate against you. This means you can’t be:
- Fired
- Demoted
- Given less favorable tasks
- Moved off a project
- Scheduled for fewer hours
Don’t let the clock run out on your right to take legal action. If you believe your employer retaliated against you or violated your rights as a worker, Varlack Legal Services will help you stand up and fight for what is right.
Mandatory Sexual Harassment Training and Employer Liability
California is one of only five states that legally mandate all private-sector employers to provide sexual harassment training. However, there is overwhelming evidence that current approaches to anti-sexual harassment training in the workplace are highly ineffective.
Let’s consider the most recent data from the U.S. Equal Employment Opportunity Commission (EEOC) from fiscal year (FY) 2018 to FY 2021:
- 27,291 charges citing sexual harassment were made to the EEOC.
- 2% of all EEOC sexual harassment claims were made by women.
- Black women made up the largest percentage of victims, representing 71.2% of all complaints.
- 8% of sexual harassment charges were filed concurrently with retaliation claims.
So, while the purported goal of workplace harassment training is to raise awareness about the harms of unwanted sexual behavior and to prevent it from happening, the EEOC continues to receive thousands of complaints each and every year. And functionally, some employers even believe that providing training acts as a shield against any accusations of wrongdoing.
Bosses, employers, and companies may try to shield themselves from liability by claiming that they provided training and did everything they could to create a welcoming environment. The good news is that while your employer might have failed in their role to protect you, you can still hold them responsible for all the harm you’ve suffered—even if they showed a training video.
If your employer is denying responsibility, speak with a compassionate team of Hayward sexual harassment attorneys today about your situation.
How To File a Workplace Sexual Harassment Lawsuit in California
Filing a lawsuit for workplace sexual harassment in the state of California is notoriously difficult. Before you can secure the right to file your case, you must complete the following three steps:
- Notify your employer of the sexual harassment.
- File a complaint with the California Civil Rights Department (CRD).
- Receive a “right to sue” letter, as issued by the CRD.
You are not required to have legal representation to complete any of the above steps. However, because each step plays a critical role in not just securing the right to sue but also in the overall success of your case, we strongly recommend meeting with a lawyer for a free informational meeting.
Learning about your legal rights is one of the most effective ways to ensure that they are not violated at any point throughout the process.
Find the Right Hayward Sexual Harassment Lawyer at Varlack Legal Services
The legal team at Varlack Legal Services is comprised of experienced and knowledgeable attorneys with backgrounds specializing in employment law and all related matters, including sexual harassment.
As members of the local Alameda County community, we know just how important it is to provide positive, powerful, and reliable legal representation to anyone who has faced workplace harassment. Because everybody deserves to feel safe and respected while they’re on the clock.
Are you ready to take the first step toward justice? Get in touch today so that we can match you with a Hayward sexual harassment lawyer for a completely free, no-obligation case consultation.
