Encino Sexual Harassment Lawyer

Encino Sexual Harassment Attorney

Sexual harassment, while understood by most members of society to be a grave and intolerable violation of both employment law and basic human dignity, nonetheless remains tragically prevalent in many workplaces throughout California and the United States. If you are facing such an offense, an Encino sexual harassment lawyer can help you seek justice for what you have endured.

Workplace sexual harassment refers to unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature, implied or explicit, that interferes with someone’s ability to work. It is also workplace sexual harassment if it creates a persistently hostile or intimidating workplace environment.

At the law firm of Gruzen Moussly Law, we stand firmly against this violation. Our employment law firm has pledged to do everything in our power to represent and support victims of workplace sexual harassment in Encino and the surrounding areas.

As dedicated harassment attorneys with a focus on employment law, we understand the nuances of complex legal strategies like employment litigation. Our team can explore the use of every legal tool available to pursue justice and fair compensation for the wrongs you have suffered.

Can You Sue for Harassment in California?

In Encino, California, victims of sexual harassment have the legal right to sue their harassers and, when specific conditions are met, their employers as well. Robust workplace laws, like the California Fair Employment and Housing Act (FEHA), work to provide comprehensive protection from harassment in any California work environment, whether the violation occurs at a branch of a large California-based corporation or within the structure of a small local business.

These protections aren’t just limited to explicitly sexual conduct but extend also to things like unwelcome remarks, actions, or persistent demands for romantic interest. There are two main types of sexual harassment; both are illegal:

• Quid Pro Quo Harassment: In a “quid pro quo” case, employment decisions are based on an employee’s acceptance or rejection of unwelcome sexual advances. A manager who implies that a promotion is available in exchange for sexual gratification would be guilty of quid pro quo sexual harassment. Just the threat is illegal, even if no action is taken.
• Hostile Work Environment Claims: In these cases, there is no transactional nature to the sexual harassment. Instead, these cases involve situations where persistent harassment and insensitivity create an offensive, hostile, and intimidating environment that makes it difficult or impossible to work. This could include inappropriate jokes, vulgar comments, lewd gestures, demeaning statements about an employee’s appearance, leering, suggestive gestures or sharing sexual images. The behavior does not necessarily have to be directed at you.

Liability for Sexual Harassment in California Workplaces

In sexual harassment claims in California, one important thing to remember is that liability can sometimes extend beyond an individual harasser. For example, if an employer has been made aware of the harassment and does not take appropriate action to address it, the business entity itself can potentially be held liable.

In the most extreme cases, it may even be found that a company and its key personnel have deliberately created a company culture where sexism and abuse thrive. Cases of this nature can sometimes result in large class-action claims, where multiple employees who have experienced a similar type of sexual harassment organize together to seek justice.

A hostile work environment, or one in which quid pro quo harassment thrives, can be the doing of a single individual’s bad choices or the result of a pervasively abusive and offensive workplace culture that is fostered from the top down. Effective legal representation from Gruzen Moussly Law can help you develop a strong legal strategy to hold the appropriate parties responsible.

What Is the Statute of Limitations on Harassment in Encino, CA?

As with most other violations pursuant to the FEHA, the victims of workplace sexual harassment have up to 3 years from the date of the most recent offense to file their harassment claim with the California Civil Rights System (CCRS).

If the claim has been properly filed and appears viable, the DFEH will then send back an important document called a Right-to-Sue Notice, which is an authorization from the government to sue your employer (or former employer).

The issuance of a Right-to-Sue Notice starts the clock on another deadline, which is almost like a second statute of limitations on the same case. Once you have been issued a Right-to-Sue Notice, you have one additional calendar year to formally file your claim against the party named in your claim.

Management of these timeframes will be key to your chances of a successful case. Failing to act within the timelines established by law can prevent a victim from obtaining legal redress. A skilled sexual harassment lawyer can help you manage these deadlines and ensure that all paperwork is completed and filed properly.

If you choose to file a complaint or file a claim against your employer, you are not allowed to be retaliated against. If an employer fires, demotes, or commits another action directly because of your claim or does not explicitly mention the reason for their actions, then it can be considered an act of retaliation. It is important to save any written documents highlighting adverse actions taken against you by your employer after filing a sexual harassment claim against them.

Note that harassment cases falling outside the scope of the FEHA may be subject to different rules and guidelines. Sexual harassment outside of the workplace in the form of criminal stalking, for example, would be handled by a different court apparatus. Consult your sexual harassment attorney for clarification and personalized guidance in these matters.

Why Do I Need an Attorney for a Sexual Harassment Claim?

While it is not legally necessary to work with an employment lawyer while filing a sexual harassment claim, it can be incredibly helpful to do so. An attorney can assist you with things like:

• Gathering Evidence: It might seem like sexual harassment is impossible to prove, but an attorney knows what kind of evidence will help your claim. Having the right types of evidence available in your case can greatly affect the outcome.
• Representation: It can be difficult and scary to represent yourself in court. An attorney can develop a unique strategy that is relevant to your case to prove that the actions you are claiming happened and brought emotional damage to you.
• Increased Damages: Most individuals are often not familiar with the amount they might be able to request from a company for a sexual harassment claim. Your attorney will calculate an amount that covers things like psychological damage in addition to other forms of compensation.

What 3 Factors Are Commonly Used to Determine Unlawful Workplace Harassment?

All available evidence will be considered in sexual harassment cases, as with any other important legal proceeding. Three key factors commonly used to establish the unlawful nature of workplace sexual harassment are:

1. Unwelcomeness: For any conduct to be considered harassment, it must be unwelcome. This is, of course, quite subjective and is, necessarily, almost entirely informed by the victim’s perspective (rather than the alleged intent of the perpetrator).
2. Severity or Pervasiveness: Occasional thoughtless comments, while obnoxious and hurtful, usually won’t qualify as grounds for sexual harassment. The conduct must be severe and/or pervasive enough to create a hostile or persistently abusive workplace situation for the victim. This does not necessarily limit the scope of cases in a major way, however, as “severely” inappropriate conduct can come in the form of a single, extreme incident or a series of lesser ones.
3. Protected Classes: Legally actionable harassment is often linked to the victim’s protected status as a member of a particular gender, race, age, religion, sexual orientation, disability, etc. Sexual harassment cases specifically focus on the victim’s sex, gender, and/or sexual preferences when proving harassment.

FAQs

Q: What Qualifies as a Sexual Harassment Claim in California?

A: In Encino, there are certain actions that can result in an employee being able to file a claim for workplace harassment. These actions include:

• Inappropriate, crude, or vulgar jokes or comments
• Physical touching that an employee does not consent to
• Threats, whether they are explicit or implied
• Inappropriate or threatening visuals like posters or other decor
• Multiple aggressive requests for sexual actions to be done by an employee
• An employer playing favorites based on race, age, gender, or other things.

Q: What are the Types of Sexual Harassment?

A: There are two common types of sexual harassment: quid pro quo and hostile work environment. In quid pro quo sexual harassment, an employer or supervisor asks an employee to do sexual activities or favors in order to either gain rewards like promotions or avoid consequences like demotions. In a hostile work environment sexual harassment, an employee makes another employee’s work environment hostile by repetitive inappropriate actions.

Q: What Is the Sexual Misconduct Law in California?

A: California’s sexual misconduct laws do not list actions that count as sexual harassment. Instead, they define sexual harassment as either being asked to perform sexual favors for another employee or committing actions that make an employee feel like their work environment is hostile and affects their job performance. Other criteria used to evaluate harassment include the severity and frequency of the actions performed by the harasser.

Q: How Do I Report Sexual Harassment in California?

A: An employee reporting sexual harassment would first file a claim with California’s Civil Rights Department (formerly known as the Department of Fair Employment and Housing, or DFEH). If the Civil Rights Department decides to take the case, they will assist in delivering a formal complaint to the employer. If they do not take the case, they will give the employee a Right-To-Sue notice, which allows a claim to be filed in Court. However, it is best to reach out to an experienced employment attorney to guide you prior to reaching out to the Civil Rights Department and assist in developing your claim.

Gruzen Moussly Law: Trusted Encino Sexual Harassment Lawyer

No one should ever endure the indignity and trauma of sexual harassment in the workplace. At Gruzen Moussly Law, our commitment to supporting the victims of these vile transgressions is unwavering. Every working Californian deserves respect and a workplace free from harassment and inappropriate conduct.

If you or someone you know has had enough of enduring workplace sexual harassment, take comfort in knowing that the law is on your side. So are we. Contact Gruzen Moussly Law today for a confidential, compassionate consultation and take the first step toward seeking justice and compensation.