San Francisco Sexual Harassment Lawyer
It’s Your Livelihood.
Your Wellbeing at Work is Equally as Important Off the Clock.
San Francisco Sexual Harassment Attorney
Although sexual harassment is prohibited under state and federal laws, employers and co-workers engage in that form of misconduct across the state. By taking legal action, victims of sexual harassment can receive compensation for the emotional and financial harm caused by their harassers. During that process, a San Francisco sexual harassment lawyer can be a valuable resource for the worker seeking justice.
At Theory Law, we take sexual harassment cases incredibly seriously. We understand the humiliation that accompanies these acts, and we believe they should never be tolerated in this day and age. Our founding attorney can represent you and put an end to the misconduct while ensuring that you are fairly compensated for your professional losses and personal hardship. Consulting a San Francisco employment lawyer is the first step to handling your case properly.
Why Choose Theory Law?
Sexual harassment can lead to professional setbacks like missed promotions, lost productivity, and even wrongful termination. Some workers would rather quit a job they enjoy rather than deal with daily harassment from a co-worker or employer. Wrongdoers often feel emboldened by their actions until someone says enough is enough.
If you are going up against an abuser at work, you need the kind of protection that only an attorney can provide. At Theory Law, we understand what it takes to hold at-fault parties accountable for their actions. No matter what kind of professional or financial harm you endured, our founding attorney can take steps to ensure that you are compensated for your emotional hardship and financial losses.
Examples of Workplace Sexual Harassment
Workplace sexual harassment in California takes many forms, often falling under two main categories: quid pro quo and hostile work environment harassment.
Quid pro quo harassment occurs when employment benefits, such as promotions, raises, or even continued employment, are conditioned on the acceptance of unwelcome sexual advances. For example, if a supervisor implies that an employee must go on a date to secure a promotion, this would be quid pro quo harassment.
Hostile work environment harassment involves behavior that creates an intimidating, offensive, or abusive work environment. This may include repeated inappropriate comments, jokes, or gestures of a sexual nature. For instance, a co-worker making lewd remarks about an employee’s appearance or sending sexually suggestive messages can foster a hostile work environment, even if no physical contact occurs.
In California, sexual harassment doesn’t need to be directed at the complainant to be unlawful. Witnessing offensive behavior, such as a colleague displaying sexually explicit material or overhearing crude conversations, may still qualify if it significantly impacts the work atmosphere.
Nonverbal and physical harassment can include unwelcome touching, physical proximity, or inappropriate gestures. Common examples include a co-worker standing too close, making prolonged eye contact that causes discomfort, or brushing up against someone unnecessarily.
California law also protects workers from retaliation for reporting harassment, meaning employers cannot demote, terminate, or otherwise penalize employees who speak up. State regulations require companies with five or more employees to provide regular harassment prevention training that aims to educate on these behaviors and emphasize a zero-tolerance policy.
What Should I Do After Being Sexually Harassed?
If you experience sexual harassment, start by documenting the incidents. Record dates, times, locations, and any witnesses to the harassment. Keep relevant communications, such as emails, messages, or voicemails. This documentation will be essential if you choose to pursue a complaint.
If the harassment occurred in a workplace or educational setting, consider reporting it to your employer or school. Most California employers are required to have policies and procedures in place to handle such complaints. If the situation involves a public space or a non-workplace interaction, consider reporting it to local law enforcement, especially if you feel your safety is at risk.
In California, you have strong legal protections. There are various state and federal laws that protect workers from harassment and misconduct in the workplace. By hiring an employment lawyer, you can protect your rights while holding the at-fault individual accountable.
For your mental health and well-being, seeking support from friends, family, or a professional counselor can help you process the experience. Your lawyer can recommend support groups and nonprofits that provide resources and programs to victims of sexual harassment. Remember, you do not have to face this alone. California law protects you, and resources are available to support you in standing up against harassment and moving forward with confidence.
How an Attorney Can Help
The individual who sexually harassed you will no longer feel emboldened to continue their misconduct once they know that you have legal representation. Your lawyer can notify the offending party or parties that their conduct will no longer be tolerated.
Often, a sexual harassment lawyer will begin by contacting the at-fault party directly and notifying the business owner that legal action may be pending. If the employer takes the matter seriously and addresses the misconduct while ensuring that the victims of harassment are restored both financially and professionally, the matter may be settled.
If the business’ ownership does not take adequate steps to protect workers and pay fair compensation to the injured party, sexual harassment can file an administrative complaint with the appropriate government group, such as the EEOC. This step initiates a government investigation into the misconduct. The agency may recommend appropriate settlement terms or levy fines on the company if they are found to be at fault.
An administrative complaint often leads to a favorable resolution for the complainant. In some cases, when a resolution cannot be achieved through an administrative complaint, the government agency may issue what is known as a “right to sue” authorization that allows the complainant’s attorney to file a civil action in court.
Civil cases are generally settled without the need for trial, but certain cases may end up in court, where a judge or jury decides who is at fault and what damages should be paid. Ultimately, the goal of a sexual harassment attorney is to explore all reasonable avenues to restore their client financially and professionally.
This may include negotiating settlements, gathering evidence to support the case, and ensuring that all legal rights are upheld throughout the process. By effectively advocating for their clients, attorneys strive to secure not just financial compensation but also the justice and recognition that victims deserve.
San Francisco Sexual Harassment FAQs
Q: What Is the Anti-Harassment Law in San Francisco?
A: California’s primary anti-harassment law is the Fair Employment and Housing Act (FEHA), which prohibits harassment based on protected characteristics like race, gender, religion, sexual orientation, and disability in workplaces with five or more employees. FEHA mandates employers to provide harassment prevention training, establish reporting processes, and take prompt corrective action if harassment is reported or observed.
Q: How Do I Prove Harassment in San Francisco?
A: To prove harassment in San Francisco, an employee must show that the behavior was severe or pervasive enough to create a hostile work environment or negatively impact work conditions. This includes providing evidence like witness testimonies, emails, texts, or recorded statements that demonstrate unwelcome conduct linked to a protected characteristic, such as race or gender, creating an abusive environment.
Q: What Qualifies as Harassment in CA?
A: In California, harassment includes repeated unwanted behavior that causes fear, intimidation, or emotional distress. It can involve physical threats, verbal abuse, stalking, or cyber harassment. Actions like unwelcome touching, threats of violence, and persistent following or surveillance also qualify. California law protects against harassment in workplaces, schools, and public places, aiming to prevent behavior that infringes on personal safety and peace.
Q: What Is the Burden of Proof in a Harassment Case?
A: As with any civil action, the burden of proof falls on the plaintiff because they are the party making the accusation. Civil courts determine liability based on the legal concept of preponderance of evidence. This means that the party that can show that their arguments are the more likely to be true generally wins their case. Only certain types of evidence can be admitted, and anything based on speculation and not subject to cross-examination is inadmissible in court.
Q: How Long Do I Have to File a Complaint with the Civil Rights Department?
A: If your complaint is most appropriately addressed through California’s Civil Rights Department, you have three years to file your paperwork. Missing this deadline could have serious consequences for your case and your ability to seek compensation from the at-fault party. Hiring an attorney soon after the incident can bolster your chances of a timely resolution to your ordeal.
Schedule Your Sexual Harassment Consultation Today
Don’t let someone else’s egregious misconduct harm your career. With legal representation, you can hold the at-fault party accountable and protect your career. The remedies for legal action can include financial compensation, reinstatement at your former job, and more.
The long-term benefits of taking legal action go well beyond financial matters. Holding the at-fault party accountable sends a clear message to everyone at your company that harassment will not be tolerated.
Theory Law understands how to hold sexual harassers accountable for their actions. We will not rest until you are fairly compensated for your losses, which could include damages for emotional harm. To schedule your consultation, contact our office 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
San Francisco
Holding Employers Accountable
From the start of your case, Theory Law holds employers accountable by providing aggressive representation. Should it be necessary to go to court for your case, we will professionally and aggressively advocate your rights.
No FEE Gurantee
Theory Law will not charge you any attorney fees if you do not get paid a recovery for your case. Unlike some other firms, you are not charged for any case opening fees or attorney retainer fees.
Theory Law Difference
Our growth and success are in large part from putting people first. We care about you, and we are not afraid to go to trial to get you the maximum settlement. Others may leave more money on the table.