Sexual harassment by an employer may be getting more media attention in the #MeToo era, but the problem is nothing new. Both men and women regularly endure workplace harassment. While these media campaigns may have drawn attention to the prevalence of workplace sexual harassment, they do not provide much help when figuring out the specifics of how to sue your employer for harassment. In fact, employees often wait too long or do not know their rights when suing their employer for sexual harassment.
If you have been subjected to offensive remarks regarding your gender, physical appearance, sexual comments not directed at you, or at you, dirty jokes, requests for dates, sexual propositions, sexual comments about others, degrading comments based on gender, comments about the harasser’s sex life, or questions or discussions about your sex life (put simply, there is no room for any sexual comments, conduct or touching in the workplace), you may have a claim for sexual harassment, and the Law Office of John Dalton may be able to help.
John Dalton is an attorney who has been fighting for victims of sexual harassment and other employment law issues for over 30 years. John’s Southern California-based law practice focuses on standing up for your rights and supporting you when suing your employer for harassment. As an attorney who is unafraid to go to court for his clients, John zealously pursues justice for them. Read on to find out more about how to sue your employer for harassment and what to expect during the process.
Are You Experiencing Workplace Harassment in California?
The Laws
Sexual harassment and discrimination in the workplace are explicitly prohibited under Fair Employment and Housing Act (FEHA) in Calfironia and Title VII of the Civil Rights Act of 1964 (Title VII) under federal law. Sexual harassment can mean that you have been subjected to physical or verbal contact of a sexual nature, unwanted requests for sexual favors, and unwelcome sexual advances. Examples of sexual harassment can include:
- Being shown unwelcome sexual imagesl – like pin-up photos, calendars or text messages, including photographs of scanitly clad individuals;
- Getting touched on the shoulders, neck, hair, waist, back, legs, thighs or rear-end;
- Having to listen to coworkers describe their sexual exploits and repeatedly ask you for information about your own romantic life; and
- Being subjected to any kind of sexually-charged conduct (comments, touching, blocking your movement, invading your personal space) that creates an offensive, hostile, or intimidating work environment.
While any of these examples is terrible on its own, you will need to show this conduct had the express or implied effect or purpose of interfering with your work performance; or that the conduct created a hostile or unwelcome work environment.
If anything which resembles the above has occurred in your workplace, call John Dalton today. He can help you understand what is and is not harassment and evaluate the strength of your claim.
The Policies
It is important to note that sexual harassment does not have to take place in male-female work dynamics. The harasser and the victim can each be of any gender presentation; they can even be of the same one. For example, the offensive conduct may be a woman persistently asking about another woman’s sex life or commenting about her partners. That conduct can quickly rise to the level of actionable sexual harassment, just as easily as if the conduct were taking place in a male-female context.
How to File a Harassment Claim with Your Company
Before initiating a complaint with your employer, we highly recommend you contact us. If your company has internal harassment reporting procedures, we will help you follow them when reporting your complaint.
If there is no set procedure for reporting harassment at your workplace, then report it to any supervisor or manager. Be sure to keep records of your complaints and documents you may have concerning the harassment, including what was said, who was involved, as well as dates and times.
The most important thing will be to contact us as soon as you believe you have been victimized.
Filing an Administrative Charge Against Your Employer
Before filing a lawsuit, please contact us so we can discuss some of the formal measures you can take, including filing discrimination charges against your employer through the federal Equal Employment Opportunity Commission (EEOC) or California’s Department of Fair Employment and Housing (DFEH).
How Much Will it Cost to Sue Your Employer for Harassment?
The cost of suing your employer can vary greatly depending on the facts of your case. Many employment lawyers are open to different fee arrangements. Sometimes, you will have to pay an hourly fee for legal services, and other times you only pay if you win your case. At the Law Office of John Dalton, we offer free case consultations. You do not have to pay anything when you share the facts of your case with us to see if we can help.
Also, if your case is accepted, we do not take a fee unless we win!
For more information, check out our article on the requirements to file a workplace harassment lawsuit.
The John Dalton Difference
Southern California sexual harassment attorney John Dalton is here to listen to you. John is highly experienced, has recovered millions of dollars for clients, and serves all of California. All inquiries are completely confidential. Because we believe a high level of trust between lawyer and client is crucial, you will always speak to John directly when you call our office with questions or to discuss your case. Please contact the Law Office of John Dalton today for a free consultation and let us help you end your nightmare.