Carmichael Sexual Harassment Lawyer

Carmichael Sexual Harassment Attorney

Every employee has the right to conduct themselves within the workplace unencumbered and feel as though they are not in a hostile space. Unfortunately, this is not always the case, but that doesn’t mean you have to suffer in silence. If you have experienced an instance of sexual harassment, talk with a Carmichael sexual harassment lawyer to learn more about your case and the available options.

Discrimination and Harassment at Work in California

In California, sexual harassment in the workplace involves unwanted and persistent instances of sexual misconduct that make the victim or witnesses uncomfortable, intimidated, or irritated. This type of harassment is a form of sex discrimination and can occur simultaneously with other forms of discrimination, such as age or nationality discrimination.

Sexual harassment includes:

• Inappropriate actions, such as stalking and unwanted touching
• Violence
• Threats or other intimidating behavior
• Sexually suggestive demands or requests
• Repeatedly asking for a date
• Sexual assault or abuse
• Rape
• Blocking someone’s path
• Sexual remarks about a person’s body or clothing
• Vulgar and sexually suggestive comments
• Sexual threats
• Threats while demanding sexual favors
• Offering something in exchange for sexual favors

Sexual harassment can also be independent of behaviors directed at you; witnessing the harassment of another person or co-worker is also considered its own indirect sexual harassment. This is because it’s evidence of a hostile work environment, which makes a person feel unsafe or affects their ability to effectively perform their job.

What Other Circumstances Are Considered Harassment?

Sexual harassment isn’t limited to verbal or physical harassment against you or being subjected to the active harassment of someone else. A major component of sexual harassment is the cultivation and presence of a hostile work environment, which can involve more subtle or indirect forms of harassment.

Some examples of indirect sexual harassment that can contribute to a hostile workspace are sexual and/or derogatory remarks about someone who is not present and open discussion of explicit topics unrelated to work in shared spaces (including online). A hostile environment can also result from the sending of unwanted and vulgar messages or images, persistent and inappropriate calling, and sexually charged content that is viewable within open areas.

What Will I Receive in Compensation for Sexual Harassment?

What you may be awarded in compensation for your sexual harassment claim will vary depending on the circumstances. Upon winning the trial or entering into settlement negotiations with the company, your attorney can advise you on the extent of available compensation for your situation; they can also assist in negotiations and make sure that you get just repayment for what you’ve endured.

The most common compensation included in awarded settlements is the income you lost as a result of the harassment, whether due to wrongful termination, decreased ability/productivity, or time away from work because of physical harm or mental anguish. Lost wages can also cover any bonuses or promotions you missed because of the harassment or subsequent retaliation, along with the future earnings you lost if returning to your job is not viable.

You may also be compensated by being returned to your former position if you were fired as a form of retaliation for speaking up about or refusing to submit to harassment. Settlements can include compensation for your legal fees or emotional distress caused by harassment as well.

Sexual Harassment Law FAQs

Q: Can You Sue for Harassment in California?

A: Yes, you can sue for harassment of any variety in California, especially harassment within one’s place of employment. As an employee, you have rights and protections under state and federal laws; if one of your rights has been violated or you were left unprotected from discrimination, you are well within your rights to file a claim and seek fair compensation. Consult with an employment lawyer if you think that you might have a harassment case.

Q: What Qualifies as Harassment in California?

A: California law recognizes harassment as:

• Unlawful violence (assault, battery, stalking)
• A plausible threat of violence
• Violence/threats that earnestly scare, irritate or harass someone, seemingly without a valid reason

Credible threats of harm include following, stalking, and sending harassing calls/messages (phone, mail, e-mail) over a period of time, even for a short duration. The convincing threat must involve intentionally saying or acting in a manner that would make a reasonable person fearful for their or their family’s safety.

Q: What Happens If You Are Found Guilty of Harassment?

A: If you are found guilty of harassment in the workplace, the punishment depends on whether the harassment was criminal and/or civil, how severe it was, and the perpetrator’s status. If the harasser is a supervisor or employer of the employee, the company itself owes the victim appropriate compensation.

If the offender is a co-worker or a non-supervisory employee, the company is liable if the employer knew about recurring incidents of harassment and failed to take swift, proper action to address it.

Q: Are Harassment Cases Hard to Prove?

A: Yes, cases of workplace harassment can be hard to prove. Sometimes, harassment can be so subtle that sufficiently establishing its extent in legal proceedings can be difficult. If other employees can testify about their own similar harassment, this would be valuable evidence to help the claim.

To win a harassment claim in Carmichael, CA, your attorney must additionally prove that the workplace itself is indeed hostile or would be interpreted as such by any reasonable person, not merely your individual perception.

If You’ve Endured a Hostile Work Environment, Seek Compensation

It’s important that you report any instances of harassment or discrimination within your workplace. By filing a complaint, you are creating a record of your experience and attempting to bring it to your employer’s attention. Don’t just let it go; your actions may protect others from future harm while reprimanding offenders for their misconduct.

Employee harassment attorneys at the Fulton Law Corporation are ready to hear about your situation and outline your available options. Our legal professionals are determined to protect and advocate for your rights as well as earn you fair compensation for your unfortunate experience. Schedule a meeting with one of our harassment lawyers today to begin your case.