Rocklin Sexual Harassment Lawyer

Rocklin Sexual Harassment Attorney

Sexual harassment in the workplace is unacceptable in any capacity whatsoever. Nevertheless, it happens quite frequently. If you are a victim of sexual harassment, talking to a Rocklin sexual harassment lawyer can enable you to get the justice you deserve. They can help you stop the sexual misconduct you are experiencing before anyone else is victimized.

What Is Sexual Harassment?

Any behavior of a sexual kind that makes you feel uncomfortable in the workplace is likely considered sexual harassment under California state law. It can be a number of inappropriate behaviors, including:

• Unwanted physical touching
• Unwarranted sexual advances
• Making derogatory sexual comments to another party of the same or opposite sex
• Telling inappropriate jokes of a sexual nature
• Exposure to sexual content, whether online or in person, including the sharing of illicit photographs, posters, or graphic cartoons that have a sexual connotation

When this type of sexual harassment takes place, it also creates a hostile work environment.

If you think that you have been a victim of harassment, it is important that you seek the advice of an employment lawyer to discuss your claim. The Fulton Law Corporation focuses on employment law exclusively. We have represented countless victims of sexual harassment, helping them achieve successful outcomes for their cases.

Our firm is dedicated to providing you with zealous advocacy and measured advice. When facing the powerful legal teams of corporations, you need a harassment attorney who knows how to handle your claim and fight for your rights.

Quid Pro Quo

In addition to the behaviors that typically constitute sexual harassment, there are other ways that this offense can occur in the workplace. Another type of workplace sexual harassment is known as quid pro quo harassment. It occurs when a person in a supervisory position offers an employee a promotion or a raise in exchange for a sexual favor. Quid quo pro can also occur when an employee is threatened with losing their job if they do not perform a sexual favor.

Sexual favors may include a request for an illicit photograph or a demand for a physical sexual act. Even if you do not have proof that an offer was made, an implied proposition can be enough to secure a claim. To better understand your options, consult with a Rocklin sexual harassment lawyer.

Sexual Harassment vs. Sexual Assault

It is important to understand that sexual harassment is not the same act as sexual assault. The first is a civil case, while the second is criminal. Sexual assault refers to a nonconsensual sexual act. However, the differences between harassment and assault can easily become unclear because the term “sexual assault” is often used to describe rape. However, an actual sexual act does not have to take place for an assault to occur.

Sexual assault is non-consented sexual contact; thus, many of the examples of harassment cited here would technically fall under both categories. Consequently, sexual assault is also a form of harassment. It depends on the circumstances of a situation, and law enforcement, the victim, and/or the judge must determine which acts of sexual misconduct should be handled in civil court and which instances warrant criminal charges to also be brought about against the offender.

Discrimination

Sexual discrimination is also a form of sexual harassment, and vice versa. Gender-based harassment is a violation of the Civil Rights Act of 1964. It also violates California’s Equal Employment and Housing Act. When harassment also involves discrimination, one’s sexual motives do not necessarily have to be the cause of the inappropriate conduct.

Harassment is considered sexual discrimination when offensive behavior is carried out against someone based on:

• The gender that they identify with
• Their perceived or actual sexual orientation
• Sexual matters that involve certain medical conditions
• Childbirth or pregnancy
• Anything else pertaining to gender-specific topics

Furthermore, employers should not discriminate against anyone because of their gender or sexual orientation.

Bullying of co-workers or employees, either of the opposite or same sex, creates a hostile and uncomfortable work environment for the harasser’s victims and other colleagues. If you’ve experienced sexual discrimination, the sooner you speak to an employment attorney who knows the law and can apply it to your case, the better the chance you have of filing a successful sexual discrimination claim.

Workplace Harassment FAQs

Q: What Falls Under Sexual Misconduct?

A: Sexual misconduct includes sexual harassment in the form of unwelcome direct or implied verbal, physical, or written sexual acts or behaviors that are directed at another person. It also includes touching, but physical contact is not needed for sexual misconduct to occur. Acts of sexual misconduct are problematic behaviors that should be immediately addressed whenever they occur.

Q: How Do I File a Harassment Complaint in California?

A: Anyone may file a sexual harassment complaint in CA with the California Civil Rights Department (CRD). This can be done either through the mail, online, or over the phone. A complaint can also be filed with the Equal Employment Opportunity Commission (EEOC). You only need to file with one of these agencies, as they both share information on ongoing cases.

Q: How Long Do You Have to Report Harassment in California?

A: In California, job applicants and employees who are victims of sexual harassment have three years from the date of the last incident to file a complaint with the California Civil Rights Department (CRD). This is an updated law since 2023, as that changed the statute of limitations for harassment claims from one year to three years.

Q: How Do I Make a Case for Harassment?

A: To make a case for sexual harassment in California, first notify your employer of the incident. Then, file a harassment complaint with the Civil Rights Department (CRD) of California. If they agree that you have a valid case, they will send you a “right to sue” notice. Speaking with a Rocklin sexual harassment attorney can allow you to have the legal support that you may need to win your case.

Retaining a Rocklin Sexual Harassment Lawyer

If you are ready to file a sexual harassment claim or just want to explore your legal options and rights, speak with a member of our competent legal team at the Fulton Law Corporation. We offer confidential consultation and are prepared to help. Contact us today and take the first step to getting the justice and compensation you rightfully deserve.