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California Sexual Harassment Attorneys
Our California sexual harassment attorneys, representing California sexual harassment plaintiffs, are experienced advocates of employee rights. Our law firm is dedicated to representing California employees in disputes against their employers. Our California labor law attorneys handle both individual disputes and class action lawsuits. If you feel you may need the legal services of California sexual harassment attorneys, our labor law attorneys are available to review your legal matter. Because of our extensive experience in employer related violations in the state of California, our labor law attorneys will not only assess the best course of action related to your potential sexual harassment claim and damages to which you may be entitled, but they will also complete a comprehensive review of your employment related experience verifying compliance with the State of California labor laws. Our law firm is committed to seeking justice for California employees that have been victims of employers who may have violated both federal and California labor laws.
Sexual Harassment in the Workplace: Definition and Types
If you have been fired, refused a promotion, demoted, or been reassigned to a less desirable position because you rejected a sexual advance, then you are likely the victim of sexual harassment. You may also be the victim of sexual harassment if your work performance is hindered due to an offensive or a hostile work environment.
A discussion of California sexual harassment laws is best started with the definition of sexual harassment. Sexual harassment is a form of sex discrimination. The legal definition of sexual harassment is “unwelcome verbal, visual, or physical conduct of a sexual nature that is severe or pervasive and affects working conditions or creates a hostile work environment.”
There are two types of sexual harassment in the workplace. The first is called “quid pro quo” sexual harassment. This type of sexual harassment is a “trade” and when the trade is on the basis of sex, it is a violation of the law. More clearly defined, when a supervisory employee offers job benefits, or threatens job detriment, in exchange for sexual favors, the employer (the “Company”) would be liable if this employee was in fact in a supervisory role, and the employer (the “Company”) knew, or should have known of the sexual harassment.
The second type of sexual harassment is called the “hostile work environment”. Hostile work environment sexual harassment is a situation in which the employer, a supervisor, or even a co-worker says or does things that make the “victim” feel uncomfortable because of his or her sex. This offensive conduct creates an uncomfortable environment. This type of sexual harassment includes pictures, jokes, lewd remarks, propositions, and the like. It does not require there be a demand for exchange of sex for either a job benefit or to avoid a job detriment.
California Sexual Harassment Laws and Damages
California employees are protected against sexual harassment in the workplace under Federal Title VII Law. The distinction that merits mentioning, however, is that there are “caps” or limits under the federal law. However, in California, the amount an employee may recover in damages is technically unlimited. If you are considering a lawsuit for sexual harassment in the workplace, it is important that you seek the best legal advice regarding the law under which you would intend to proceed with your case. Our California sexual harassment attorneys are experienced in determining the best way for our clients to move forward with their legal cause of action.
As mentioned above, California employment laws differ from federal laws in the area of damages. In the state of California, if an employee is fired, “or was not given a job” or was “coerced into leaving” because of sexual harassment, the employee can sue, and recover monies, also known as damages. Damages available are: past lost wages, other past benefits, future lost wages, future lost benefits, general damages (may include emotional distress, and pain and suffering), punitive damages (an amount of money required to be paid by the employer as a way to punish or make an example of the employer’s wrong doing), and attorneys’ fees and costs. Although they can act as a deterrent to unlawful employer behavior, the protections afforded by federal and California sexual harassment laws certainly do not eliminate the problem of sexual harassment in the workplace.
Why Contact Our California Sexual Harassment Lawyers
Determining whether you should sue, or whether you even have a potential claim that would result in the recovery of damages, often requires legal advice from California sexual harassment lawyers. Keeping in mind that damages awarded may be significant in amount, most California employees are uncertain how to file a claim for sexual harassment that has the best chance of a successful outcome. Experienced sexual harassment lawyers can be invaluable in aggressively pursuing a cause of action against an employer. Our California labor lawyers not only assess the potential sexual harassment case, but also probe other violations that may be occurring with the employer. Our California employment law firm is positioned to handle not just individual sexual harassment cases, but all employer violations of California labor laws, as well as class action litigation, when deemed necessary. Our law firm offices are located primarily in Southern California but we service California clients from San Diego to Los Angeles to northern California cities such as San Francisco and San Jose on a consistent basis.
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