Knowing how to prove workplace sexual harassment in California is crucial for anyone facing this challenging situation. Sexual harassment in the workplace is sex-based discrimination that is destructive and illegal under state and federal laws. If you have suffered the effects of sex-based harassment at your job, you have a right to financial compensation and other legal remedies.
There are many actions you can take to help ensure that you receive the compensation and relief that you deserve from your harasser, but the most vital action to take is to speak to an attorney immediately. John Dalton is a sexual harassment attorney with decades of experience and has focused his whole career on giving a voice to the mistreated. As soon as you think there is harassing behavior in your work environment, speak to our office so we can protect you and show you how to prove workplace sexual harassment in California.
What Qualifies as Workplace Sexual Harassment in California?
California’s Fair Employment and Housing Act and Title VII of the federal Civil Rights Act of 1964 outlaw sexual harassment in work settings. A harasser can infringe on your rights in multiple ways, but sexual harassment has two primary forms under the law. You are a victim of unlawful sexual harassment at work if the following occurs:
- You are exposed to unwelcome, sex-based conduct that is pervasive or severe that a reasonable person would classify your workplace as a hostile work environment or
- You have to endure unwanted, sex-based behavior to keep your job or receive work benefits.
Sexual harassment can include unwanted touching, sex-based jokes or insults, comments, asking out on dates, or to “get together,” or implying threats of discipline, termination, or withholding advancement if employees do not submit to, or tolerate, the sexual harassment. Sexual harassment can also include invasions of personal space, graphic conversations and gestures, and stereotyping others based on their sex or gender.
Unlawful harassment comes out in various unsettling ways, and your employer can be liable for harassment from supervisors, non-supervisor employees, contractors, and non-employees over whom the employer has control, including customers. Harassment victims can file complaints with the California Department of Fair Employment and Housing (DFEH) or the U.S. Equal Employment Opportunity Commission (EEOC) to recover damages from their employers and harassers. But before making such a complaint, you must contact us.
How Do I Prove Workplace Sexual Harassment in California?
When you file an EEOC or DFEH complaint against workplace sexual harassment, evidence will be vital to your case. The most effective way to ensure you have good proof of the sex-based discrimination you have experienced is to call us as soon as you think the harassment or discrimination occurred.
A skilled attorney can help you collect and preserve the following information to prove that you are entitled to legal relief from a discriminatory workplace:
- Witness testimony,
- Employer correspondence,
- Workplace complaint records,
- Correspondence with or from the harasser,
- Work performance history,
- Personnel records,
- Pictures,
- Wage records,
- Employer policies,
- Employment benefit records,
- Receipts and invoices related to your financial losses, and
- Healthcare records (if applicable).
The above information can establish the essential elements of many sexual harassment cases. The evidence can prove that the harassment occurred, that your employer engaged in unlawful retaliation against you, and that your employer failed to prevent the harassment. Asserting your rights under anti-harassment laws is often challenging and filled with obstacles. Therefore, please contact us as soon as you think you have been the victim of or witnessed harassment or discrimination in your workplace.
Filing a Harassment Complaint or Lawsuit
The best way to safeguard your rights against harassment is to hire a lawyer to handle your case from start to finish. An attorney will guide you through the process so you don’t miss out on receiving the justice and compensation you deserve. In a successful sexual harassment complaint or lawsuit, you can receive the following:
- Economic damages to pay for your financial losses,
- Noneconomic damages to compensate you for pain and suffering, including emotional distress damages,
- Punitive damages to punish an employer or harasser for exceptionally egregious behavior,
- Attorney fees,
- Employment benefits,
- Job reinstatement, and
- Policy changes at work.
Filing a complaint with the EEOC or the DFEH can be complicated, and it is important not to make a mistake when filing. Therefore, please contact us before filing such a complaint.
Before filing a civil lawsuit against your harasser or employer, you must file a DFEH or EEOC complaint and then wait to receive a DFEH or EEOC notice that you have a right to sue.
Timely filing of your sexual harassment complaint is crucial. You must file an EEOC complaint within 180 days (or 300 days if the claim is also covered by state law) and a DFEH complaint within three years. If you do not initiate a complaint within these timeframes, you could be forever barred from claiming the compensation you deserve for your mistreatment. Before you file a complaint, our advice is to call us!
The Law Office of John Dalton: The Advocate You Need
At the Law Office of John Dalton, we do not tolerate workplace bullying and have the tools to hold harassers and careless employers accountable. The proof of John Dalton’s skill for and dedication to championing the rights of sexual harassment victims is in his results. John has won tens of millions on behalf of mistreated employees, including some of the largest verdicts for sexual harassment victims in the State of California.
Contact Us
If you need someone to fight for you, contact the Law Office of John Dalton today.