Financial Planner

Sexual harassment in the workplace is unlawful under California law. Sexual harassment can take several forms, from coworkers directing certain slurs at you to a boss requesting sexual favors to earn you employment benefits. You should not suffer in silence or fail to report sexual harassment for fear of retaliation. With the help of an experienced attorney, you can fight against the offensive behavior and even seek compensation. Sexual harassment is common in the finance sector, and many financial planners fall victim to the vice. At Empower Sexual Harassment Attorneys, we represent victims of workplace sexual harassment and help them seek compensation in San Diego, CA. We have experienced attorneys who can handle all sexual harassment cases, no matter how complex.

Prevalence Of Sexual Harassment In The Financial Planning Industry

Financial planners play an essential role in the community by helping individuals and families manage their finances better and achieve their financial objectives. These experts guide people seeking to repay their debts, build their retirement fund, minimize taxes, invest in education, and manage estate distribution. A financial planner can work independently or be employed by an organization. Since the finance industry is highly dominated by men, most people, especially women, fall victim to sexual harassment.

Given the lucrative earnings in the financial industry, some employers or supervisors might feel like they have a right to exploit their employees sexually. People who have worked hard to climb the ladder in the financial planning sector might feel like their careers are at risk when they refuse to give in to sexual advances from their supervisors or employers.

However, it is essential to remember that California law is against sexual harassment in the workplace, and no one is above the law. If you suffer sexual harassment in the workplace or other forms of discrimination, you have a right to seek compensation.

In certain licensed professions, like law or medicine, individuals found guilty of sexual harassment may face disciplinary actions, including suspension or revocation of their professional licenses by the relevant licensing boards. Individual perpetrators of sexual harassment can be ordered to pay damages to the victim when victims file civil lawsuits. You should not keep quiet if you are a financial planner suffering any form of sexual harassment in your place of work.

Types Of Sexual Harassment In The Workplace

There are two types of workplace sexual harassment recognized under California law:

• Hostile work environment, abbreviated as HWE
• Quid Pro Quo

Hostile Work Environment

You can file an HWE claim under the following circumstances:

• You receive unwelcome advances, comments, or conduct
• In some sense, this harassment is based on your sex
• The harassment is pervasive or severe enough to alter your employment conditions

The harassment can only amount to an HWE claim if it is more than trivial or occasional. The court will consider the available evidence when determining whether you have a valid claim. The court will also consider whether a reasonable person would have felt harassed under similar circumstances.

Inappropriate conduct that can result in an HWE lawsuit includes the following:

• Sexual talk, jokes, gestures, or comments
• Showing or sharing sexual content or pornography
• Sexual propositions
• Inappropriate touching

For example, you could feel unsafe and find it hard to concentrate on your work if your colleague leans at you, directs sexually charged slurs at you, or slides against you when passing you in the hallway. This can amount to a hostile work environment because :

• Your colleague’s conduct is unwelcome
• It is based on your sex
• It is pervasive or severe to the extent that it alters your condition of employment.

Anyone connected to your workplace can perpetrate an HWE, including your boss, supervisor, colleague, customer, third-party contractor, or vendor.

Quid Pro Quo

A quid pro quo claim can arise when your boss requests a sexual favor in exchange for a workplace benefit. If you refuse to give in to the sexual advances, your boss can respond with a threat that can include the following:

• Not hiring you
• Demoting or firing you
• Denying you a raise, promotion, your preferred job assignment, or favorable work hours

You must meet the following conditions to file a quid pro quo sexual harassment claim:

• You must have applied for a job with a harasser, worked for them, or provided services to them
• Your harasser or their agent must have made a sexual advance or engaged in other sexual conduct
• A favorable working condition was contingent on the sexual advances based on the harasser’s words or insinuation
• You suffered harm due to the harassment
• The sexual harasser’s actions played a significant role in causing you to suffer harm

In quid pro quo sexual harassment cases, the harasser must be your superior or your boss. This differs from a hostile work environment case, where the harasser can be anyone, including someone lower than you in the workplace hierarchy.

Under California law, a quid pro quo claim can be established even if the threat is not carried out, as the mere proposition of exchanging job benefits for sexual favors constitutes unlawful conduct. In a hostile work environment case, the boss’s actions can still qualify as sexual harassment even if the boss does not retaliate.

You can still file a hostile work environment case if your boss gives your coworkers special treatment in exchange for sexual favors. It does not matter even if your coworkers welcome your boss’s sexual advances. You can claim that you suffered harm due to your boss’s sexual favoritism towards your coworkers.

For example, your boss could have multiple sexual affairs with female staff. These staff members keep getting raises and promotions, but you do not get any. If work performance does not justify these promotions and raises, you can file a hostile work environment claim.

Your Employer’s Duties To You

California law requires employers to provide employees with a written policy outlining how to prevent and address harassment, retaliation, and discrimination. An employee must confirm that he or she received this policy in writing or through an electronic acknowledgment. This policy must state that sexual harassment against employees is illegal, whether it is perpetrated by supervisors, managers, coworkers, or third parties. The policy should also outline what will happen when an employee files a sexual harassment claim with the employer.

The policy can outline that upon receiving a sexual harassment complaint, the employer will:

• Respond to the victim promptly.
• Document the investigation process and take the proper steps.
• Handle the case with the required confidentiality.
• Assure the victim that there will be no retaliation for filing a sexual harassment complaint or participating in the investigation of sexual harassment against another colleague.
• Ensure that the sexual harassment claim is handled justly and carefully by qualified personnel.
• Resolve the sexual harassment case promptly.

The policy must outline how employees report sexual harassment to someone other than their supervisor. Sometimes, your supervisor could be the perpetrator of sexual harassment. In this case, you can report the harassment to another designated personnel, like a human resources representative.

The law requires employers with more than five employees to train staff on sexual harassment as follows:

• Non-supervisory workers should undergo one hour of training
• Supervisory employees should undergo two hours of training

Your employer could be liable for failing to provide training on sexual harassment prevention. If you suffer sexual harassment in the workplace and do not undergo training, your employer can be liable.

Steps To Take When You Face Sexual Harassment

When you face sexual harassment in the workplace, you should prioritize your safety and well-being. Remember that you have legal options. An attorney can help you understand your rights and the avenues you can pursue to seek compensation. Sexual harassment can significantly influence your professional and personal well-being. Sometimes, you might wonder whether what you experienced is enough to qualify as sexual harassment. The steps outlined below guide you on what you should do when you face sexual harassment to help you maintain your dignity in the workplace and protect your career. You deserve a work environment free from hostility and intimidation, and sexual harassment is not your fault. Filing a sexual harassment claim can be intimidating, but breaking it into manageable steps can simplify the process. Here is what you should do when you face sexual harassment as a financial planner:

Document The Details Of The Harassment

When you document sexual harassment, you create a reliable record that you can use when filing a claim instead of relying on hearsay. Documented evidence is more reliable than what you remember and present through word of mouth. Document the incident as soon as it occurs to ensure you do not forget some details. When documenting the evidence, you should distinguish between your emotional response and factual observations. If you prefer to maintain a digital record, you should store it on your personal devices and not your workplace devices, where it can be accessed and deleted. Some of the details that you should maintain include the following:

• The time and date when the incident occurred
• A description of what transpired
• The location where the sexual harassment occurred
• Names of the people involved
• How the incident affected you
• Any witnesses present

You should maintain relevant text messages, emails, fax messages, or voicemails. Gather your personnel files and past performance reports because you will need them if you decide to pursue legal action.

Communicate That The Conduct Is Offensive And Unwelcome

Sometimes, the offender might be unaware that their conduct towards you is offensive. Addressing the harasser directly can sometimes resolve the situation without needing escalation. Communicate your boundaries and inform the offender about unwelcome words and actions. When communicating with the offender, you can use statements that are not accusatory. For example, you can state, “I feel uncomfortable whenever you joke about my body shape.” When voicing your feelings to the sexual harasser, you should consider having a witness and documenting your conversation in the form of an email. If you feel uncomfortable addressing the offender or you fear for your safety, you can proceed and file a formal sexual harassment complaint.

Refer To Your Company’s Policies

Understanding your company’s policies regarding sexual harassment can help you understand your rights and the process for filing a sexual harassment claim. Many company policies not only outline the reporting process but also outline the confidentiality and anti-retaliation measures. The company policy should also outline the timeline for investigations. Bigger organizations often have an ombudsman or ethics person who can guide you while maintaining confidentiality. The policy should guide you on how to report the harassment to the human resources department or a designated contact. When filing a formal complaint, ensure that you adhere to the instructions outlined in the company policy. Reviewing the company policy before filing a claim enables you to understand the process and look for the relevant documentation for initiating a formal complaint.

Report on Sexual Harassment

When you report the harassment to a supervisor or HR, you create an official record, and your employer initiates the investigation process. If the company policy allows, you can bring a colleague to serve as a witness as you report the sexual harassment incident. You can request confirmation that your complaint has been received and request a timeline for the investigation and when you should expect an update on your case. The law requires the HR department to comply with the anti-harassment laws. Therefore, the HR department should not safeguard the company’s interests while overlooking employees’ well-being.

Escalate The Harassment To Government Agencies

If the internal agencies do not address sexual harassment adequately, you should escalate it to relevant government agencies like the EEOC. Gather all the necessary documentation before filing a claim, including witness statements, performance reviews, and emails from HR. The EEOC can try to mediate between you and the employer before commencing a formal investigation. This mediation can result in a faster resolution of your case.

The EEOC’s website outlines the period for which you should file a complaint. Usually, the timeline for filing a complaint is between 180 and 300 days from the last harassment incident.

Consult An Experienced Attorney

An attorney understands the sexual harassment laws and can determine whether you have a strong case. An attorney is guided by legal standards rather than your company’s interpretation of the sexual harassment policy. Most attorneys handle cases contingently, meaning you will only pay when you receive compensation. Seeking legal representation will influence how your employer handles your claim, as the employer will anticipate litigation. When choosing an attorney, consider the attorney’s success rate in handling sexual harassment cases.

File A Lawsuit

When you suffer significant damages or the other remedies do not address the sexual harassment, you should file a lawsuit. Your attorney will help you file a lawsuit outlining the sexual harassment, the attempts you have made to resolve it, and the compensation you seek. At the discovery stage, you and the offender, together with your attorneys, will exchange evidence, including sworn witness statements from coworkers, the offender, and other witnesses. The company representatives will also be involved. The majority of sexual harassment cases do not proceed to court, but you should be prepared in case your case proceeds to court. By preparing in advance with the help of an attorney, you can seek the compensation you deserve.

Prepare For Potential Challenges

When filing a workplace sexual harassment claim, you can face unexpected challenges. The potential challenges include retaliation, emotional distress, and lengthy timelines. You can maintain resilience throughout the process by seeking support from friends, relatives, or a therapist. Sometimes, you might feel discouraged and like abandoning the case altogether. However, the majority of the people who file sexual harassment cases obtain compensation. Irrespective of the outcome of your case, taking action against a sexual offender reflects courage and integrity. You also contribute to building a better workplace for everyone.

Seek Emotional Support

Being a victim of workplace sexual harassment can leave you feeling drained and rejected. You can feel confused, isolated, and unworthy, sometimes to the extent of questioning your worth. When you feel overwhelmed, you should reach out to someone you trust, such as a friend or a relative. You can also consider joining a support group of workplace sexual harassment survivors. Being around people who care about you can offer you emotional grounding and a clear perspective during this challenging moment.

You don’t have to face the challenges of sexual harassment alone. Sharing your experience with a supportive party can help you gain clarity and validate your feelings. While standing up against sexual harassment is crucial, safeguarding your mental health is equally important. If the burden becomes too hard to bear, you should seek counseling from an expert specializing in workplace harassment. A counselor can provide proven coping strategies that are tailored to your unique situation.

Retaliation And Wrongful Termination

If your employer fires you because of reporting sexual harassment, this can amount to wrongful termination. Sometimes, the employer can create a hostile and unbearable work environment that makes you resign. Creating a hostile work environment to make an employee who reports sexual harassment resign is known as constructive discharge.

Retaliation can take many forms, including a pay cut, being passed over during promotions, or being overlooked during a pay raise. If you face retaliation after reporting sexual harassment, contact an attorney to help file a retaliation claim.

Workplace Sexual Harassment FAQ

Here are the commonly asked questions regarding workplace sexual harassment:

Can An Employer Retaliate Against You For Filing A Sexual Harassment Claim?

Under California law, it is illegal for an employer to retaliate against an employee who reports sexual harassment. Retaliation can include being demoted, fired, or excluded from company benefits. If your employer retaliates against you for filing a sexual harassment claim, you can file a retaliation lawsuit against the employer alongside the sexual harassment case.

Do You Have To Quit Your Job To File A Sexual Harassment Claim?

No, you do not have to resign to file a sexual harassment case. California law prohibits employers from forcing employees to resign while pursuing sexual harassment cases. If your employer instructs you to resign, you can have a basis for filing a wrongful termination case.

What If The Harassment Occurred Outside Work Hours?

Even if the sexual harassment did not occur during office hours, you can still file a workplace sexual harassment claim. The harassment does not have to occur within the company’s premises for it to qualify as workplace sexual harassment. The harassment will still count under the law, provided it is connected to your place of work. For example, harassment could have occurred during a company party or a business trip.

Do Sexual Harassment Laws Apply To Remote Employees

If you work remotely, you could be wondering whether sexual harassment law applies to you as well. Remote workers enjoy the same protection against sexual harassment as in-office workers. Sexual harassment can occur through electronic media like Zoom, text, emails, or Slack. Even when the conduct is perpetrated digitally, it is still as illegal as in-person conduct.

What If The Sexual Harassment Perpetrator Is A Third Party?

California law holds employers liable if they allow third parties like contractors, vendors, or clients to harass employees. The employer must take valid steps to prevent sexual harassment of employees by third parties. If your employer fails to do this and you suffer abuse, you have a case against the employer.

Find a Reliable Sexual Harassment Attorney Near Me

California law requires employers to protect employees against sexual harassment in the workplace. If your employer does not prevent or correct harassment in the workplace, you can file a claim against the employer to seek compensation. However, it can be challenging to hold your employer responsible for workplace sexual harassment. This is where an experienced attorney comes in. If you or your loved one is a victim of sexual harassment, our attorneys at the Empower Sexual Harassment Attorneys can help. Our attorneys have years of experience in defending sexual harassment victims. When you contact us, we will evaluate your case and help you file a sexual harassment claim. If your case does not settle out of court, our attorneys will help you pursue a lawsuit. Contact us today at 619-604-3027 for legal representation you can rely on in San Diego, CA.