Oceanside Sexual Harassment Lawyer

Oceanside Sexual Harassment Attorney

Confronting any instances of sexual harassment in the workplace can be one of the most distressing experiences that one can face. It’s a crime that is not only uncomfortable but can also significantly affect an individual’s mental health, career progression, and even their own sense of safety at home and work. In these situations, having the advice of an Oceanside sexual harassment lawyer can ease the path to restoring justice for unlawful behavior.

At The Law Office of Frank S. Clowney III, our entire firm is committed to supporting victims of sexual harassment. Our customized approach to empolyment laws helps us better acquaint ourselves with the details of each case and provide a tailored strategy for success. Our goal is to not only seek justice for the immediate wrongdoing but also to deter the behavior from affecting anyone else in the future.

Common Types of Sexual Harassment in Oceanside, CA

Understanding the different types of sexual harassment that most frequently happen can help individuals identify inappropriate behavior and take legal action. The most common acts of sexual harassment found in Oceanside, CA include:

Quid Pro Quo Harassment

This form of harassment happens when someone in authority offers an enticing job benefit, like a promotion, in exchange for the employee engaging in a sexual favor. A direct “this for that ” situation qualifies as quid pro quo when the dynamic of the arrangement suggests that the employee will lose their job if they don’t comply with the harasser’s demands.

Hostile Work Environment

Sometimes, even the smallest of consistent behaviors can make a huge impact on a work environment. When it becomes hostile, this type of harassment includes unwelcome sexual comments, jokes, gestures, etc. It doesn’t only have to be interactions between an employee and their supervisor, as it could also extend to other coworkers.

Unwanted Physical Contact

Any instance where someone touches, pats, or hugs another person when they have made it clear that they do not want to engage in physical contact could be considered a form of sexual harassment. This also includes more severe actions, like sexual assault.

Sexual Comments or Jokes

Words can be just as damaging as physical action in the eyes of sexual harassment law. Any remarks about someone’s body, sex life, or orientation, or even just persistent jokes that are inappropriate for the setting can be considered harassment. This is especially true if they were not requested by anyone yet are still being shared.

Displays of Sexually Suggestive Material

Some people mistakenly think that harassment is only actions or words that come from them directly, but it could also extend to something as simple as their own office decor. If there are sexually suggestive pictures hanging up, videos running on a monitor, or even a simple object on a desk, it could make others uncomfortable and constitute a harassment claim, especially if the individual has been told to remove these items and has not complied.

Online Harassment

The increase in digital communications throughout everyone’s daily lives has also created a new place for sexual harassment to occur. This could be in the form of an email, text message, social media post, or even the company’s intranet. Some refer to these instances as cyber harassment.

FAQs About Oceanside, CA Sexual Harassment Laws

What Is the Statute of Limitations on Harassment in California?

How long someone has to report a sexual harassment allegation depends on what they are claiming occurred. If the claim qualifies to be filed with the Fair Employment and Housing Act (FEHA), individuals will have up to three years from the incident date to submit all the required information.

However, any incident that constitutes a civil claim could pose a different timeline and require information to be submitted even sooner. To be sure that you are still within the statute of limitations, connect with a sexual harassment lawyer. They can review the details of your charge and let you know how much time is left to advance a case.

What Qualifies as a Harassment Charge in California?

Any contact that was not asked for can be considered harassment, especially if the unwelcome behavior was targeted based on someone’s race, gender, identity, or any other protected characteristics under California law. This includes sexual harassment, bullying, and other behavior that can contribute to a toxic work culture.

In Oceanside, California, to win in court, the conduct must be overt enough that any reasonable person would consider it to be intimidating, hostile, or abusive. Remember that, despite popular belief, a harassment charge can extend beyond physical assault and also include verbal harassment as well.

Are Harassment Cases Hard to Prove?

Sometimes, these cases can be tricky to prove, especially when they involve very subjective experiences and lack direct evidence, such as a piece of communication or video surveillance tape. The cases that end up winning typically hinge on the credibility of a witness who saw what happened, a consistent record of the alleged victim’s complaints, or any other smaller pieces of evidence that all contribute to the larger story.

If others in the company also share in your experience, it can help demonstrate the hostility of the environment and its pervasive effect on everyone else. Because these cases can be difficult to prove, it’s advised to collect evidence with the support of a harassment attorney to ensure that everything is legally acquired and can be admissible in court.

What Should You Document When Investigating a Harassment Claim?

You want to document everything as much as you can. This includes a detailed journal of the dates, times, and locations of each incident. If you have any email threads or text messages that also point to the abusive behavior, be sure to take screenshots or save a copy of these on your own personal devices. That way, you can avoid anyone at the company destroying the evidence if they were to become suspicious that they might be reported. You also want to make a clear link between how each incident has affected your ability to do your job.

Contact The Law Office of Frank S. Clowney III Today

If you have been sexually harassed in California and want to start pursuing a claim, contact our attorneys today. We understand how frightening it can be to challenge an authority figure who has engaged in this type of behavior, which is why we stand directly with our clients throughout the entire process to protect their interests, earn compensation, and help hold the defense accountable.