San Diego Same Sex Sexual Harassment Attorney

San Diego Same-Sex Sexual Harassment Lawyer

It is not uncommon to be made to feel uncomfortable in various situations in a San Diego workplace. Someone may make a joke that you view as inappropriate, you may be around people who you are not familiar with, or someone may touch you in a way that you do not enjoy. These individual circumstances may not constitute harassment. However, if they continue and are intentionally created by another person, then it could be considered harassment, particularly if it is happening in your workplace.

If you believe that you have experienced harassment, contact our office. You may be able to pursue legal action. An experienced San Diego same-sex harassment employment attorney can help. The Law Office of Frank S. Clowney III has over forty years of experience to help you with your workplace harassment needs.

What Is Harassment?

Harassment is defined as any action that makes someone feel unsafe or uncomfortable. This could include physical actions, conversations that are inappropriate, harassing or abusive email communication, and more. Many people experience harassment in their workplace on a regular basis. This could come from employers, supervisors, and coworkers. Harassment in the workplace could lead to poor working relationships, unwanted sexual or romantic attention, a work environment that is no longer safe for workers, and more. This harassment can also be committed by anyone, regardless of their sex or gender.

The Reality of Same-Sex Harassment

Many people assume that harassment can only come from the opposite gender. This could include males rubbing a female coworker’s shoulders, repeatedly asking for dates or sexual favors, or repeatedly making inappropriate jokes or comments. While that is unfortunately very common, harassment can be committed by anyone, whether or not they share your sex or gender.

Same-sex harassment occurs when an individual is harassed by someone who shares their sex or gender identity. Any type of harassment could be same-sex based, whether it is sexual in nature or only meant to upset or make someone uncomfortable. If you have a coworker of the same sex who is making you feel unsafe or uncomfortable at work on purpose, then you are experiencing harassment. It can be hard to know what actions or treatments may be considered harassment. Understanding different types of harassment and how to recognize them while you are at work can make it easier to know whether to pursue legal action.

Types of Same-Sex Harassment

Anything that is done by another person to create an unsafe or uncomfortable work environment for you could be considered harassment. There are many different behaviors that could be considered harassment, and they will fall into three primary categories.

• Verbal or Written Harassment: This type of harassment involves any words, either said to you or written, that create an unsafe working environment. It can include many different things. A coworker who continues to tell inappropriate jokes after being told that they make you uncomfortable could get in trouble for verbal harassment. Continued unwanted or inappropriate comments about your body or appearance could also be classified as verbal harassment. Emails, text messages, and notes that are hateful, abusive, or teasing could all fall under the umbrella of written harassment if they continue. Repeatedly being asked out on dates or for sexual favors after you have expressed no interest is also verbal or written harassment.
• Physical Harassment: Any type of physical contact that is inappropriate or unwanted would be considered physical harassment. This could be something as simple as a pat on the back or an unwanted hug. These actions may not be done to make you uncomfortable on purpose, but if you have expressed that you do not want to be touched, and it continues, it may become harassment. Physical harassment could also become more violent if it is not dealt with. A coworker who physically harasses you could push, shove, slap, or sexually assault Physical harassment of any kind in the workplace is serious and needs to be handled well.
• Visual Harassment: This type of harassment can often be difficult to understand and identify because it is not universal. Something that many people find funny might hurt or offend someone else. One example of visual harassment could be a coworker putting up a poster or image in their workspace that is vulgar, offensive, or even pornographic. It could also mean someone wearing inappropriate clothing, watching violent or offensive videos in common areas, sharing messages that are sexual in nature, or drawing offensive images. Visual harassment could be the most difficult to identify and respond to.

Regardless of how you experience harassment from a same-sex coworker, it is important that you have support and guidance if you choose to take legal action. An accomplished same-sex harassment attorney from The Law Office of Frank S. Clowney, III will walk you through the process and help you get the protection you need.

Filing a Same-Sex Harassment Claim

When you decide to bring a legal case against your employer or a coworker for harassment, it is important that every major step be handled correctly. If you do not complete every step correctly, then your case may be dismissed. An experienced San Diego same-sex harassment attorney can help you complete every step and will work to ensure you get the conclusion you deserve.

The initial steps of the process are some of the most important. The first three steps are:

1. Tell Your Employer: If you are experiencing harassment at work, it is important that you tell your employer what is happening. Ideally, they will take steps to ensure that the harassment or poor treatment ends. If they do not stop the harassment, however, you will need to file a legal claim.
2. File an Official Complaint: If your employer does not protect you from harassment, then you will have to file a complaint with the California Civil Rights Department. They will look over your claim and determine if your employer had a reason to act. If they find that your employer responded incorrectly, they will give you a “right to sue” letter.
3. Move Forward with Your “Right to Sue”: Once you have received a letter from the CRD that gives you permission to file a lawsuit, you can begin the official process. If you choose to file an official claim, you have to do it within a year of getting your letter.

Once you have completed these three steps, it is advisable to work with an accomplished same-sex harassment attorney. They can walk you through each step of the claim process and ensure your case gets the attention it deserves.

How a San Diego Same-Sex Harassment Attorney Can Help

If you do not know how the legal system works, it can be difficult to navigate a same-sex harassment case. There are many steps to take, documentation to keep track of, and court appearances that may be required throughout the case. An experienced San Diego harassment attorney from The Law Office of Frank S. Clowney III can walk with you through the entire claim and ensure you have the representation and support you deserve.

FAQs About San Diego, CA Same-Sex Sexual Harassment Laws

What Is an Example of Same-Sex Harassment?

Harassment is defined as any violence, threats of violence, or actions that make you feel unsafe or uncomfortable. This could include physical contact, jokes, gossip, or verbal harassment. It can happen to anyone, regardless of their sex or gender. If a female expresses that inappropriate jokes told by a female coworker make her uncomfortable, but that coworker continues to tell her these jokes, it could be considered same-sex harassment.

Can You Sue for Harassment in California?

You can sue for harassment in California. If you have been the victim of same-sex harassment at work, you can file a harassment claim with the California Civil Rights Department. If you experienced harassment at work, your employer may be able to help you file your claim because they have the necessary documentation for workplace harassment. Once you have received a “right to sue” letter from the CRD, you may move forward with your claim.

Is Same-Sex Harassment Legal?

No. Harassment of any kind, regardless of who commits it, is illegal. There are certain characteristics you may have that are protected by law. This means that you cannot be harassed or discriminated against because of your sex, which includes pregnancy, sexual orientation, and gender identity. This type of harassment is illegal if it is committed by someone of the same sex or the opposite sex.

What Are the Types of Sex-Based Harassment?

Any type of harassment could be same-sex harassment if the person being harassed is the same sex or gender as their harasser. The three primary types of harassment are physical, written/verbal, and visual. Physical harassment includes sexual harassment, like unwanted shoulder rubs, or violent physical contact, like shoving. Written or verbal harassment could include inappropriate emails, harassing phone calls, or mean conversations. Visual harassment would be classified as wearing clothing or displaying images that are inappropriate or offensive.

Contact The Law Office of Frank S. Clowney III

Everyone deserves to be shielded from harassment while they are at work and in their everyday lives. Anytime someone continuously creates an environment that makes you feel uncomfortable or unsafe, it is classified as harassment, regardless of whether you are of the same sex or not. If you have been the victim of same-sex harassment and want to file a claim, call our firm. You need the support and guidance. Contact The Law Office of Frank S. Clowney III for help through every step of the process.