Everyone deserves to feel safe and respected at work. Unfortunately, this is far from true for many Californians. For employees who experience sexual harassment, the workplace can feel like a minefield. Many are afraid to speak out about humiliating, degrading, and threatening behavior for fear of backlash. A Newport Beach sexual harassment lawyer can help protect your rights and guide you through the legal process.
Make no mistake: sexual harassment is illegal under state and federal employment law. You don’t have to suffer in silence—or take on your perpetrator alone.
If you’ve been the victim of appropriate behavior in the workplace, contact Newport Beach sexual harassment lawyer John Dalton. For more than 25 years, attorney John Dalton has helped victims of workplace harassment stand up and get justice for the degrading and discriminatory treatment they’ve faced. Contact our office today to schedule a free consultation and learn more about your options for getting help.
What Is Sexual Harassment?
The U.S. Equal Employment Opportunity Commission (EEOC) defines sexual harassment as “unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature that explicitly or implicitly affects an individual’s employment.”Â
Legally, sexual harassment is considered a type of employment discrimination that targets employees based on sex or gender. In California, sexual harassment also includes mistreatment based on gender identity and sexual orientation.
The law recognizes two types of sexual harassment in the workplace. Quid pro quo sexual harassment happens when a superior requests sexual favors in exchange for job benefits. For example, a manager who says they’ll promote you if you perform a sex act is engaging in quid pro quo harassment. By contrast, hostile work environment harassment happens when inappropriate conduct is so severe or pervasive that it interferes with your ability to work. Unlike quid pro quo harassment, it usually involves multiple incidents that are serious enough to disrupt your job.
What Behaviors Count as Sexual Harassment?
Sexual harassment can happen in many different ways. Many forms of harassing behavior are far more subtle than a request for unwanted sexual favors. Behavior also doesn’t have to be explicitly sexual to count as illegal sex-based harassment under federal and state law.
Some common forms of sexual harassment in the workplace include:
- Touching, rubbing, or other unwanted physical contact;
- Making comments about someone’s body or appearance;
- Sending sexually explicit messages or emails;
- Displaying pornographic images or drawings;
- Using derogatory terms to refer to certain genders or sexual orientations;
- Pressuring colleagues to go out on dates;
- Stalking a coworker physically or digitally;Â
- Telling sexually explicit stories; and
- Coercing someone into unwanted sexual activity.
These behaviors are inappropriate whether they come from a superior, a coworker, a customer, or a client. Importantly, any person of any gender can perpetrate or experience illegal sexually harassing behavior.
What Should I Do If I’m Sexually Harassed at Work?
If you’re experiencing sexual misconduct or hostile behavior at work, there are a few essential steps to take to protect yourself.
Document Everything
Save inappropriate emails, letters, messages, and drawings. Keep a detailed record of incidents, including when and where they happened and any witnesses.
Report It
Employers have a legal obligation to investigate and correct any incidents of illegal harassment. Your employer may have a specific procedure that allows you to do this confidentially. If your manager or supervisor is the source of the harassment, you can always speak to HR.
Contact an Employment Lawyer
It’s generally in your best interest to speak to a lawyer as soon as you experience sexual misconduct at work. Look for Newport Beach sexual harassment attorneys representing employee plaintiffs, not employers. In the best case, your employer will address the harassment without the need for further action. However, if the harassment continues, it’s best to have the support of a legal professional who can advise you on the next steps.
How Can a Newport Beach Sexual Harassment Attorney Help Me?
An experienced employment lawyer can provide vital guidance for victims of workplace sexual harassment. Some valuable areas of support include:
- Evaluating your case. If you’re unsure if an incident counts as harassment, an employment lawyer can assess your situation and help you understand your rights. An advocate experienced in California and federal law can advise you on the best venue to take legal action against a perpetrator.Â
- Fighting employer retaliation. If you face termination, demotion, pay cuts, sabotage, and or adverse treatment reporting sexual harassment, you could be a victim of illegal retaliation. An attorney can help you identify potential retaliation and help bring a retaliation claim or wrongful termination lawsuit.
- Filing complaint and lawsuit. An attorney can take on the burden of filing a lawsuit, including exhausting administrative avenues for relief. They have the time and resources to ensure the correct filing of your claim ahead of all required deadlines.
- Seeking recovery. Victims with successful sexual harassment claims may recover financial compensation for the wrongdoing they suffered. As your advocate, an attorney can negotiate in court or settlement proceedings to ensure you recover the maximum financial compensation available.Â
Ultimately, a seasoned attorney can provide valuable insights, legal advice, and emotional support for victims at each step.
John Dalton: Your Newport Beach Sexual Harassment Lawyer
At the Law Office of John Dalton, we understand how intimidating it is to stand up to workplace harassment. Fortunately, you don’t have to do this alone. As an experienced litigator with extensive knowledge of sexual harassment law, John has the strategic insight and professional dedication to help you pursue the justice you deserve.
Contact us to learn more about how he can help you.