When facing inappropriate, sex-based conduct at work, one of the first calls you want to make is to an attorney. A strong attorney can protect you against further harassment, and they can help you recoup damages for the mistreatment you have already suffered.
If you work in Irvine, sexual harassment attorney John Dalton of the Law Office of John Dalton can ensure that your employer or harasser pays for every harm they have caused you. John is passionate about holding unscrupulous employers accountable and has protected mistreated employees for decades.
Are You a Victim of Sexual Harassment?
What is sexual harassment? The definition is broader than you might think. The law defines sexual harassment as unwelcome conduct based on sex that takes on one of the following forms:
- Hostile environment harassment—this occurs when the unwanted conduct is pervasive or severe such that a reasonable person would call the harassment victim’s workplace hostile; or
- Quid pro quo harassment—this occurs when an employer or supervisor demands that an employee accept unwanted, sex-based behavior (such as a request for sexual favors) in exchange for employment benefits.
You could have a claim against your employer if you have endured sex-based or gender-based jokes, non-consensual touching, gender-based insults, displays of graphic content, comments about body parts, requests for dates, unwanted text messages, invading personal space, or unwanted requests for a romantic encounter. The list of what counts as actionable behavior can be endless, and the Law Office of John Dalton can help you identify all instances of harassment in your case.
Also, despite what you may have heard, sexual harassment does not have to come from a place of sexual desire to be unlawful. As long as someone’s sex, gender identity, or pregnancy is the focus of a harasser’s unwelcome behavior and it affects you, you could have a right to damages, even if you were not the target.
Tens of Millions of Dollars Recovered for Our Clients
How Do You Address Sexual Harassment?
We cannot stress enough that consulting with us at the first sign of harassment can be the key to a successful claim, especially since maintaining your rights can involve several steps. So, let’s go over the usual steps that harassment claimants should follow to maintain their rights, and let’s keep in mind that these steps are typically easier with our help.
Communicate That Your Harasser’s Conduct Is Unwanted
As soon as you believe you are being harassed, contact us because proving that the harassment you endured was unwelcome is essential to your case. We know it isn’t as easy as it sounds. If you are not comfortable with confronting your harasser directly, make a written complaint to your Human Resource Department or a trusted manager or supervisor. And if the nature of your workplace makes confronting or reporting your harasser virtually impossible, take note of why and save that information for your case.
Collect Evidence of the Harassment
Like any other legal case, you need proof of your claim. To prove that you were a victim of sexual harassment, you may need to gather and save the following:
- Correspondence with your harasser or employer,
- Employer policies,
- Personnel records,
- Receipts or invoices,
- Employment records,
- Witness information,
- Notes with the dates of instances of harassment,
- Wage records,
- Copies of internal complaints and their resolutions, and
- Healthcare records.
Some of the above-listed information is easier to access than other information. John W. Dalton has been successfully handling sexual harassment cases for decades, and he can use his expertise to obtain the best information to support and win your case.
File an Internal Complaint
Typically, when you suffer sexual harassment at the hands of a supervisor, your employer is strictly liable for your damages. This is another reason to contact the Law Office of John Dalton as soon as possible because it is usually required to make an internal complaint before pulling your employer into court. This is because it is important to show that the victimized employee:
- did not unreasonably fail to use any of the procedures their employer provided for correcting or preventing harassment; and
- Their employer did not reasonably try to correct or prevent the harassment.
When harassment crops up in your workplace, we encourage you to review your employer’s complaint processes with us to help ensure you take all the proper steps to protect yourself and keep your claim viable.
File an Administrative Complaint or Lawsuit
Many employers are not willing to take the proper steps to address misconduct, and some employees seeking justice might have to involve the government or the courtroom. Prior to filing a lawsuit in California you must file a complaint with the U.S. Equal Employment Opportunity Commission (EEOC) or the California Civil Rights Department (CRD). The Law Office of John Dalton will help you file this complaint, so it is important you contact us as soon as you believe you are being harassed.
Generally, you have 180 days to file a complaint with the EEOC and three years to file a complaint with the CRD. Also, your employer must have at least 15 employees if you want to seek remedies through the EEOC, but your employer can be liable in a CRD claim no matter how small its workforce.
Contact the Law Office of John Dalton Today
You deserve to feel safe from sexual harassment in your workplace, and if your employer cannot respect this right, they need to pay. An attorney can shield you from the aftermath of a harassment incident and win you the compensation you deserve. If you need a sexual harassment lawyer in Irvine, California, you can’t do better than John Dalton. John does not tolerate the mistreatment of employees, and he has won some of the largest sexual harassment verdicts in the state and nation. Please do not hesitate to call the Law Office of John Dalton or contact us online.