Escondido Sexual Harassment Lawyer

Escondido, CA Sexual Harassment Attorney

The professional environment should come with an expectation that respect and integrity are two values that everyone maintains in every interaction. Unfortunately, there are times when this standard is breached by instances of sexual harassment in the workplace. If this happens to you, it is vital to enlist the support of an Escondido sexual harassment lawyer.

These types of incidents can significantly impact an employee’s well-being and career ambitions if left unaddressed. Working with a sexual harassment attorney can make the difference between these situations continuing to impact others at work and stopping the cycle of abuse as soon as possible.

Understanding Sexual Abuse and Harassment Lawsuits

Sexual abuse and harassment can, unfortunately, take many different shapes, undermining the level of safety and respect that all employees in Escondido deserve. Some of the most common instances that fall under these categories include:

Unwanted advances: An unwanted advance is one of the most frequently reported harassment allegations at work. This can range from anyone inappropriately touching someone all the way to persistent requests for dates or a sexual encounter that continually is rejected.

Victims in these situations often don’t feel like they have any power, especially if the individual making the unwanted advances is in a position of power and holds a lot of influence over the company’s operations.

Hostile work environment: When offensive conduct at work has become the norm, this can snowball into a hostile work environment. For example, if ongoing sexual jokes or lewd comments are made on a daily basis and keep going unchallenged, this can result in people accepting the culture for what it is and allowing it to fester into even more dangerous behavior in the future.

This has a direct impact on employee morale and their ability to be as productive as possible on the clock.

Quid pro quo harassment: When someone requests a sexual favor in exchange for something else, it can fall under the guidelines of quid pro quo harassment. A common example of this at work is if a manager has directly tied an employee’s response to a sexual advance to their professional development. This could mean that the manager will hold off on promoting the employee or offering a bump in salary until the sexual favor is completed.

This is completely illegal and is grounds to pursue a legal claim for compensation and justice under the supervision of an employment lawyer.

Inappropriate communication: Receiving or sharing any sexually explicit content through digital communication can still constitute sexual harassment. Whether these communications are happening through an email exchange, text message, or even a social media message, there is no communication channel where this would ever be considered appropriate. To the victim’s advantage, these types of abuse are easy to save and document as evidence for their case.

Abuse of power: Many sexual harassment cases discover that someone exploited an imbalance of power to seek a nonconsensual sexual encounter or punish those who refuse. This type of abuse creates a climate of fear and intimidation in the workplace that can unfairly grant the individual in power to keep repeating this abuse and hiding behind the shield of their tenure at the organization.

It’s important to spot these situations and report them as soon as you can, even if you are not the individual being personally abused. These behaviors are unacceptable across the board and can be pursued under California law to hold each abuser accountable for their actions.

FAQs About Escondido, CA Sexual Harassment Laws

What Is the Statute of Limitations on Harassment in California?

The nature of each instance of harassment will dictate how long an individual has to report the crime under statute of limitation rules. For any sexual harassment claims that fall under the California Fair Employment and Housing Act, individuals have up to 3 years from the last recorded date of an incident to file a complaint that will be looked into.

Once this complaint has been received and the victims receive back a “right to sue” notice, they have one year to file a civil court lawsuit. This is why keeping track of dates with your sexual harassment attorney is vital to ensure that your case will not be unfairly rejected under a misunderstanding of the statute of limitations.

What Is Legally Considered Harassment in California?

Harassment is legally defined in California as unwelcome conduct that is often found targeted against someone’s protected characteristics, such as race, religion, sex, gender, orientation, or age, among other groups of people. However, it doesn’t just have to fall within these protected groups. It could also come from a power imbalance from a supervisor or even peer-to-peer.

This conduct is considered to be unlawful when the conduct is pervasive enough that any reasonable individual would consider it to be intimidating, hostile, or abusive. Keep in mind that the victim does not have to be the specific person harassed but rather anyone in the organization who felt affected by their observations of the offensive conduct.

What Are The 3 Types of Harassment in California?

Verbal, physical, and visual are the three most common types of harassment. Verbal includes instances where someone has made derogatory comments, threats, or used unsavory slurs at work. When harassment becomes physical, this is where unwanted physical contact, assault, and all other instances of physical interference from someone performing their job duties come into play.

Finally, visual harassment is not necessarily a direct exchange from one person to another. It includes displays of inappropriate posters, drawings, or even someone making a sexual gesture. All forms of harassment under these three categories can damage an employee’s well-being and will be seriously investigated under California law when reported.

Can You Press Charges for Harassment in California?

Yes, an employee is able to press charges when they feel they have been harassed at work. If the alleged harassment is of a criminal nature, the individual is welcome to report the abuse directly to the police. These would be instances of violence, stalking, or sexual assault, to name a few. After the alleged instances are investigated, the police will let you know if the accusation is warranted and grant charges to be pressed against the harasser.

If workplace harassment is not criminal but still violates civil laws, you can file a complaint with an employment attorney to seek civil penalties and damages. Dealing with any of these cases with an attorney will help to make sure you understand all of your rights under California employment law and are able to maximize the total compensation you receive if the allegation is proven to be true.

Contact The Law Office of Frank S. Clowney III Today

No one should be forced to endure sexual harassment at work. If this has happened to you or someone you know, contact us at The Law Office of Frank S. Clowney III to inquire about filing a harassment lawsuit today.