Sexual harassment is a significant issue in almost every region, county, city, and industry in California. Facing accusations of sexual harassment or discrimination in the workplace can be a shocking and traumatizing experience. As an employee, you can feel frightened over the risk of losing your job, having your career interrupted, or even ended. If you face sexual harassment as a self-employed financial planner, your practice will be at risk of termination. When you face sexual harassment accusations, you should not give up without a fight. With the help of a skilled attorney, you can fight the allegations against you.
Our Empower Sexual Harassment Attorneys can help you understand the dynamics of sexual harassment and discrimination issues. You can count on our reliable San Diego attorneys to help you craft a convincing defense since they know the law on sexual harassment and the courtroom and administrative processes involved.
Understanding The Financial Planning Industry In California
The financial planning industry in California experienced exponential growth between 2008 and 2018. Many job opportunities were created in the sector during this period. The industry’s sales agents and insurance brokers jobs dealing with fixed annuities also increased.
People in specific job types and business types under the umbrella of a financial planner have to work hard to secure a professional license. The license enables them to work as life insurance agents that can sell fixed annuities or stockbrokers. A financial planner license can also allow you to work as a financial adviser.
The growth of the financial planning industry enhanced lucrative earnings and other unique benefits that came with issuing licenses. It is common for employers to take advantage of their employees and clients in a sexual or sex-based way. Some employees who worked hard to secure financial planning licenses often have their careers affected upon facing sexual harassment allegations.
Nobody is above the law in California, and the California Department of Financial Protection and Innovation (DFPI) is aggressive in prosecuting sexual harassment cases. An employer or employee who commits sexual harassment or other forms of harassment can be liable to pay damages and take corrective actions. Any person found guilty of committing this offense risks losing their license or being ordered to pay fines to the victim and compensate them for the damages resulting from sexual harassment.
Understanding Sexual Harassment
Sexual harassment has a broad definition and covers various conduct. Rape and any other unlawful sexual touching is deemed sexual harassment. The following are the common types of workplace sexual harassment:
- A hostile work environment harassment
- Qui pro Quo harassment
The above types of sexual harassment differ slightly but have a common element. Behavior can only be considered sexual harassment if it is unwelcome. You cannot face sexual harassment charges for making sexually suggestive comments or touching someone physically if the person is okay with it.
- Hostile Work Environment Sexual Harassment
Hostile work environment sexual harassment is prevalent in most industries. This type of behavior is categorized as follows:
Severe or Pervasive Sexual Harassment
Sexual harassment can be severe or pervasive. The more severe the conduct, the less frequent it has to be to attract charges. For example, one case of sexual assault or rape is severe enough to meet the requirement. On the other hand, it might not count as sexual harassment when a man tells a woman that she is beautiful. However, it might amount to sexual harassment if the comment is made excessively. The conduct must be more than trivial, isolated, occasional, and sporadic.
Sex or Gender-Based Sexual Harassment
Harassment can be directed at someone because of their sex. Unlawful physical touching or sexual comments are always sufficient evidence that the harassment is based on gender. However, it does not amount to gender-based sexual harassment if a woman harasses a man because he is wearing a blue shirt. The harassment is directed at the color of the shirt, which is not a crime.
Unwelcome Behavior
The behavior directed at someone can be unpleasant or unwelcome, which is generally unacceptable. Someone can also talk to a person in an unwelcoming manner. In this case, the victim should tell the other person that he/she does not like what the perpetrator is doing or tell the person to stop. The victim’s reaction to your behavior will inform you that what you are doing is not pleasant.
Qui Pro Quo Sexual Harassment
Qui pro quo sexual harassment is the promise or threat of withholding or providing an employment benefit in exchange for the person doing something for the harasser. This form of harassment means “this for that” in Latin. It involves the harasser soliciting or requesting a sexual favor in exchange for some benefit or avoiding some disciplinary action. The following are examples of quid pro quo harassment involving a harasser threatening to withhold or make a promise:
- Not firing an employee.
- Compensation
- Position or title
- Better work schedule
- A promotion
The promise or threat does not need to be explicit, but it has to be linked to the victim while the victim engages in some act.
Statute of Limitations For Sexual Harassment Claim
There is a designated period within which a victim is allowed to file a sexual harassment claim. This period is one year from the day of the most recent incident. However, sometimes, it can be extended by 90 days if the victim is not aware of the facts of their case until after one year has elapsed.
The victim can lose the right to file charges against you if the victim waits too long before initiating a claim. The ability to gather the required evidence and supporting witnesses is usually more significant during the early days of the incident. In most cases, the victim will try to first solve the problem with you before going to court. If this strategy fails, the victim,m with the help of an attorney, can file a lawsuit with the Department of Fair Employment and Housing. You should contact your attorney immediately when you learn about the allegations against you. If possible, settle the sexual harassment case out of court because the repercussions will likely be more severe if the case proceeds to court.
The victim can also file a petition with a federal agency and the Equal Employment Opportunity Commission (EEOC). However, the federal agency and EEOC allow victims to file petitions only within 180 days of the previous act of harassment. On the other hand, victims have one year to file a State of California claim after the past incident. Most people, however, prefer filing their complaints with the state rather than the federal government because California law is strict on sexual harassment.
The Department of Fair Employment and Housing will start its investigation immediately after a victim files a petition with them. It can also conduct an investigation for a period that does not exceed 60 days to make a decision. However, most victims can make the process faster if they ask for an immediate investigation and a “right to sue” letter.
What To Do If Accused Of Sexual Harassment
A sexual harassment accusation is detrimental since it can lead to defamation, and the accompanying penalties are severe. Here are some steps you can take when accused of sexual harassment:
Remain Calm
Your first instinct will be to defend yourself, but aggressive behavior can make you look unprofessional. Avoid retaliation because this can make you seem guilty and work against you. Remain calm and think of your next steps. Your first step should be to contact an attorney. Retaliation can be used as evidence against you even if you are not guilty of retaliation.
Review The Employer’s Harassment Policy
You should review your employer’s harassment policy to determine whether your alleged actions qualify as sexual harassment. Perhaps you only made a mistake and offended another person along the way. The sexual harassment policy can also help you to understand what happens next during the investigations and proceedings.
Do Not Confront The Accuser
You might be tempted to meet the accuser and try to negotiate or reason with them. However, the conversation can take a turn and incriminate you further. The accuser can misinterpret your words and use them as evidence against you.
Fighting A Sexual Harassment Accusation
You should consult a skilled sexual harassment attorney before responding to the sexual harassment accusations. Consulting an attorney should be done as fast as possible to give you ample time to prepare your defense. You will not incur much trouble seeking a quick opinion from an attorney since most attorneys offer free, no-obligation initial consultations.
Exhausting other options before pursuing administrative options and possible lawsuits is also good. In this case, would you be willing to settle the allegations out of court? Do not dismiss the victim when you receive a notice of the allegations against you. You might also want to inform your employer if you are an employee who faces sexual harassment accusations. Your employer can come to your defense, especially in cases of false accusations common in workplace setups.
Start documenting what happened at the time of the alleged sexual harassment. With the help of your attorney, you can request the victim to provide the date, the place, and the identity of the person liable for the sexual harassment. These details will significantly help in creating a defense, along with the evidence you gathered, such as CCTV footage.
The victim will send a written petition to your employer through their supervisor or the Human Resources Department. The employer will investigate the incident and provide a solution quickly. If the employer fails to act, the employer could be liable for the incident, even if the incident. You should also liaise with the employer to give your side of the story before the final statement of findings is made.
Victims have a right to petition the Department of Fair Employment and Housing once it is established that an employer is unable to provide a solution or is liable for the offense. In this case, you should secure the services of an attorney to guide you through the intricate defense procedures.
The Department of Fair Employment and Housing will reach out to the employer regarding the allegations and will give the employer an opportunity to respond. DFEH will also interview you and take relevant documents and other aspects of an investigation. It will negotiate with you or your employer if it establishes that you are guilty or responsible for the harassment. The issue can proceed to court if you and DFEH disagree.
The department can still give the victim a “right to sue” letter if their investigation ends with a decision that no harassment happened. In this case, the victim has a right to pursue this issue in court. A defense attorney will come in handy if the victim sues you.
The Damages The Victim Can Recover From A Sexual Harassment Claim
The law allows the victim to pursue a settlement or punitive damages and award of compensation if he/she were subjected to sexual harassment at work. The major classes of recoverable damages in a sexual harassment claim include:
Out-of-pocket Costs And Reputational Harm
The perpetrator can pay damages for the costs the victim incurred because of the sexual harassment. These costs can include:
- Job search costs if the victim had to apply for an alternative job
- Fees for career counseling and
- Medical bills for treatment of physical or emotional distress the victim sustained
The victim can also pursue damages for tainting their reputation.
Reinstatement or Front Pay Damages
The victim has a right under the law to seek reinstatement to the position that he/she would have held if the victim lost their job because of sexual harassment. Sometimes, however, it can be hard to be reinstated if the past position is no longer available. Alternatively, the court can award the victim”front pay” to compensate them for the income loss suffered now and in the months to come. This can happen if the victim’s working relationship with the employer becomes hostile, making it hard for them to return. The following factors are considered when calculating front pay:
- The victim’s age
- The time it will take for the victim to secure a similar job with another employer.
- The time the victim has stayed in their past job
The court will also consider the period the victim would have stayed in their position and the time it will take to secure another job. For example, the court can establish that the victim would have remained in their job for another two years. In this case, the judge could award front pay upon believing that the victim would have secured another job faster, given the victim’s experience and skills.
Emotional Harm And Losses
The court can award the victim monetary damages for emotional harm and losses resulting from sexual harassment. The primary purpose of emotional distress damages is to compensate the victim for emotional harm and losses, as well as the associated physical impacts. The emotional injuries include:
- Post-traumatic stress disorder
- Clinical depression
- Anxiety and difficulty in sleeping
- Loss of enjoyment of life and mental anguish
- Strained relationships with family and friends
- Panic, depression, and anxiety feelings
Emotional distress can be proved through the following:
- The victim’s testimony
- Testimony of your friends
- Testimony of co-workers
- Testimony of family members
Individuals who knew the victim well before and after the sexual harassment can be the best witnesses. However, victims can recover large amounts of damage if they have medical testimony. In this case, the testimony can be given by a psychiatrist, psychologist, therapist, or counselor you have visited for treatment of emotional distress.
Back Pay Damages
The court will award the victim “back pay” damages if their employer fires or forces them to resign because of sexual harassment. Back pay is usually the person’s total compensation that includes:
- Paid time off
- Vacation pay
- Contributions to retirement plans
- Healthcare benefits
- Bonuses
- Salary
The judge can award back pay from the period the petition started until the day of the settlement. However, the victim must make a good-faith effort to seek another job to mitigate their damages. It is, therefore, important to document where the victim seeks employment.
The court can also award back pay if the employer denies the victim a raise or promotion because of sexual harassment. In this case, the victim is entitled to an increase in the income he/she would have received.
Punitive Damages
A victim can be awarded punitive damages under certain circumstances to discipline the perpetrator and to prevent future acts of sexual harassment. However, the victim must provide sufficient evidence that the sexual harassment perpetrator acted with indifference to the victim’s rights for punitive damages to apply.
The Ways In Which A Sexual Harassment Attorney Can Assist You Fight Your Charges
It is a complicated and emotionally challenging procedure to fight a sexual harassment accusation. Working closely with a competent sexual harassment attorney can offer invaluable help and support when fighting your charges. The victim could have misunderstood your actions and interpreted them as sexual harassment. Perhaps the victim is accusing you falsely to get back or revenge against you. You will need an attorney to work for you and defend your rights. The following are some of the ways your sexual harassment attorney can help you fight your charges:
Emotional Support And Advocacy
Most attorneys understand the emotional toll that sexual harassment accusations can have on the defendant. Your attorney will offer you compassionate support, ensuring that your rights are protected and you are treated with dignity and respect during the legal process. An attorney will be there as your advocate, fighting for your rights and pursuing justice on your behalf.
Litigation And Trial Representation
Your sexual harassment attorney will defend you in court if an appropriate settlement is not arrived at during negotiations. An attorney will take you through the litigation process and represent your interests. Your attorney can present a convincing argument and actively look for ways to fight the charges against you.
Negotiations And Settlement
Your attorney will communicate and negotiate with the victim on your behalf. An experienced attorney will effectively advocate for your rights and work diligently to have the charges against you reduced or even dismissed.
Establishing Liability
A skilled attorney will also ensure that the actual liable part is identified if you are a victim of false accusations. Your sexual harassment attorney can help you establish who is responsible for the harassment.
The Defenses Against A Sexual Harassment Accusations
The common defenses when facing a sexual harassment accusation include the following:
The Accusation Is False
You can use the alibi defense to prove that the accusation of sexual harassment is false. If the alleged harassment occurred at a specific location, you can use the alibi defense to show that you were in another location at the time of the offense. You can also point out that the alleged victim does not have sufficient evidence to prove the accusations against you. The victim could be relying on circumstantial or unreliable evidence. Another way to prove a false accusation is to show that the victim misidentified you.
Your Conduct Was Not Unwelcome
If your actions against the victim were consensual, the victim cannot accuse you of sexual harassment. You can also point out that the alleged sexual harassment was not based on protected characteristics like race, sex, color, disability, and others. Another valid defense is proving that your conduct was an isolated incident.
The Accuser’s Motives
You can also base your defense on the accuser’s motives. For example, the accuser could have a sinister motive for making the accusations against you. The evidence presented against you could be fabricated and unreliable. Perhaps the accuser does not even have the authority to make sexual harassment accusations against you. You could also be facing retaliation for your past actions. Your attorney can help you examine the accuser’s motives and help you craft a convincing defense for your charges.
Find a Reliable Sexual Harassment Attorney Near Me
If you face sexual harassment accusations in the workplace, you should contact an experienced attorney immediately. It is common for people to face false accusations of sexual harassment. Sometimes, a seemingly innocent action can give rise to sexual harassment allegations. Even if you suspect that you could be guilty of the alleged actions, you should not fail to contact an attorney.
If you need reliable legal representation and guidance on fighting a workplace sexual harassment claim, our attorneys at the Empower Sexual Harassment Attorneys can help. Whether your case is intricate or straightforward, our seasoned attorneys have what it takes to handle it. Contact us today at 619-604-3027 to speak to one of San Diego our attorneys.
