San Bernardino Sexual Harassment Lawyer
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San Bernardino Sexual Harassment Attorney
A sexual harassment situation can leave you feeling insecure, upset, belittled, and threatened. Handling the fallout of a sexual harassment situation alone can result in even more stress. It is highly recommended that you retain the services of a San Bernardino sexual harassment lawyer to handle the ins and outs of your case while maintaining professionalism and helping you navigate this complicated situation.
With the help of a San Bernardino employment law attorney, you can fight back against discriminatory practices, including sexual harassment. The talented team at Theory Law has the knowledge and experience you deserve to fight back against such practices. We know the requirements employers are to follow to prevent such behavior and are prepared to hold them accountable on your behalf.
Sexual Harassment in the Workplace in San Bernardino
California state law requires all employers who are employing at least five people to provide their employees with comprehensive sexual harassment education and prevention training. In the event that a sexual harassment incident does occur, and the employer never provided this training, they could be found liable for damages. Lawsuits from the Equal Employment Opportunity Commission (EEOC) and the California Department of Civil Rights could ensue.
Sexual harassment occurs in the workplace whenever someone exhibits behavior that is sexual in nature and leads to you feeling uncomfortable, unsafe, or disgusted.
Typically, sexual harassment in the workplace can be split into two distinct categories:
- Quid Pro Quo: Quid pro quo is a Latin term meaning this for that. It essentially means that you would receive something in exchange for giving something. When it comes to sexual harassment, quid pro quo is used by people of power in the workplace who are offering advancement or benefits in exchange for sexual favors from other employees.
- Toxic Work Environment: Sexual harassment doesn’t just occur between supervisors and employees but also between any employees within the company. Unwanted sexual conversations, threats, and actions can lead to a hostile or toxic work environment, resulting in negative impacts on your job performance.
These are just a few of the ways that sexual harassment could appear in the workplace. If you feel you have experienced any type of discriminatory behavior that is sexual in nature, be sure to contact a discrimination lawyer as soon as possible.
What to Do in the Event of Sexual Harassment in San Bernardino?
If you are ever the victim of sexual harassment in San Bernardino, it is important that you take the proper steps to protect yourself and your future legal claim should you choose to make one.
Here are some crucial steps you can take following a sexual harassment incident:
- Document Everything: Sexual harassment can occur in private, public, online, and over the phone. Whichever way it happens, it is vital that you document as much as you can. If you are sent images, audio files, or video, save it and preserve it. Be sure to write down everything you can remember about the incident, including the date and time, who was involved, and what was said or done.
- Report to HR: Be sure to report the incident to the proper department. Your employee handbook will likely have procedures in place for how to report misconduct. You will likely have to report the incident to your direct supervisor or to your company’s HR department. You may want to report the incident through email so there is a visible trail.
- File a Complaint: If your employer fails to deal with the issue after receiving your report, you should consider filing a complaint with the Equal Employment Opportunity Commission (EEOC) or California Department of Civil Rights (CRD). They may launch an investigation of their own, depending on the validity of the complaint.
Before or after launching a complaint, you may wish to consult with a sexual harassment lawyer to weigh your options and figure out your next steps. A lawyer can help you understand your case as a whole and how to proceed. Each case is unique, and you deserve a lawyer with the legal knowledge to review your case and help you determine the next steps.
San Bernardino Sexual Harassment Law FAQs
Q: How Long Do You Have to File a Harassment Suit in San Bernardino, CA?
A: The statute of limitations for a harassment suit in California is three years. That means you will have three years from the date of the initial harassment to start building a case and filing a claim for compensatory damages. If you fail to file your claim within the three-year window, your claim may be thrown out, and your opportunity to seek compensation for the incident may be lost. You may want to start building your case quickly.
Q: Are Sexual Harassment Cases Hard to Prove?
A: Yes, sexual harassment cases can be difficult to prove. The burden of proof for a harassment case lies with the plaintiff, as they are the ones accusing someone of sexual harassment. Obtaining that proof can be difficult. Many times, there are no witnesses to an act of sexual harassment, and the only proof is your own word that it happened. Juries will often decide based on which side’s version of events is more credible.
Q: Can I Sue for Emotional Distress in a Harassment Case in California?
A: Yes, you can sue for emotional distress in a harassment case in California. Emotional distress is the emotional pain that you experience thanks to someone else’s negligent or malicious actions. This includes the emotional and mental fallout from a sexual harassment case. If you can present evidence of the incident and prove that it happened, you should be able to seek damages for emotional distress, among other damages.
Q: What Makes a Strong Sexual Harassment Case?
A: The most effective way to present a strong case for sexual harassment is to obtain as much evidence as you can that supports your case. Many sexual harassment cases do not have much evidence beyond the word of the plaintiff. It can be difficult to build a case without much evidence. However, if you are able to obtain video footage, emails, witness statements, and proof of a pattern of reckless behavior, you may have an easier time winning your case.
San Bernardino Sexual Harassment Lawyer
The legal team at Theory Law can help you build an effective case that proves sexual harassment. We can help you gather the necessary evidence, ensure you aren’t taken advantage of further, and protect your interests throughout the entire process. Reach out to speak with one of our valued team members and schedule a consultation today.
How Can Theory Law Help You?
If you need help regarding a legal matter and would like to discuss it with an attorney, please call (310) 500-0206 or complete and submit the e-mail form below, and the attorney will contact you.
Practice Areas
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