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Sexual harassment cases are becoming prevalent in all workplaces, including law offices. With numerous cases being reported annually in California, you need to understand what constitutes a claim, what the law stipulates, and how you can protect your rights and recover damages through a successful lawsuit. Sadly, these are issues that affect all people, including lawyers, supervisors, coworkers, senior and junior personnel, and clients. Law offices provide the intimacy that makes it easy for people to make unwelcome comments, commit unlawful touches, or send messages or calls that amount to sexual harassment.

At Empower Sexual Harassment Attorneys, we help plaintiffs like you make cases against their harassers to protect themselves, obtain justice, and recover compensation for their damages. Our skilled and experienced attorneys can review your case and provide you with guidance that will lead to a favorable outcome.

An Overview of Workplace Sexual Harassment

Workers in California are protected by law from sexual harassment in the workplace. The primary forms of sexual harassment that the law protects workers against are hostile working environment and quid pro quo workplace sexual harassment. The latter happens when your employer or colleague offers you benefits for sexual favors. Hostility in workplaces can take several forms, including sexual advances and offensive comments by your employer or colleagues. Identifying this behavior helps you know when to take action to protect yourself from workplace sexual harassment.

The law requires employers to maintain a safe working environment for all their employees. Employers can prevent sexual harassment by creating and implementing policies that prohibit it. They can also establish effective channels through which you can report or address workplace harassment. You should be able to report and seek your employer’s protection if you feel intimidated, harassed, or afraid due to workplace sexual harassment.

Suppose employers fail to take up this mandate or fail to resolve workplace sexual harassment cases within their organization. In that case, a plaintiff can file a report with the Civil Rights Department (DRD). This government agency advocates for fair employment and housing for all Californians. The agency issues a right to sue when an employer fails to protect workers from sexual harassment and other forms of workplace harassment.

Common Types of Workplace Sexual Harassment

The FEHA is the primary government legislation in California for addressing sexual harassment in the workplace. The agency defines sexual harassment as any unwanted sex-related advance or action directed to a person who has a work-related relationship with their harasser. Sexual harassment is a significant problem in all kinds of working environments. Sadly, some cases remain unreported for fear of retaliation or because plaintiffs are unsure that anyone will believe them. If you face sexual harassment, you are highly encouraged to report it to put an end to this vice and promote safe workplaces for yourself and others in the future.

Perpetrators of sexual harassment can include employers, coworkers, or supervisors. You are at risk of harassment, regardless of your gender, religious or political beliefs, nationality, or workplace position. Sexual harassment in a workplace can be physical, verbal, or non-verbal, based on the circumstances under which it is committed. Here are the main types of sexual harassment that FEHA explicitly prohibits:

Quid Pro Quo

This is sexual harassment that happens when a colleague, employer, or supervisor demands sexual favors from you for work-related benefits like a promotion, favorable work shifts, or overtime payments. You should be able to recognize this type of workplace harassment so that you can seek help under the Fair Employment and Housing Act (FEHA). Quid pro quo harassment can occur in various workplaces and may take different forms, including the following:

• Someone in authority, like an employer, manager, or supervisor, asks you for sexual favors in exchange for benefits. You could feel compelled to comply with their requests to protect your career or avoid missing out on the favors.
• An employer or supervisor offering a pay raise for a sexual favor
• An employer or supervisor threatening you with dismissal or demotion if you fail to give in to their sexual demands
• An employer or supervisor openly favors workers who give in to their sexual demands to pressure you to comply

Hostile Working Environment

An employer can create a hostile workplace environment or fail to eliminate hostility in their workplace. This, too, can take many forms. A hostile workplace refers to an environment where offensive or hostile behavior is tolerated or condoned. Such a workplace can make it difficult for you to perform your regular tasks with ease. Here are examples of acts or omissions that make a workplace hostile:

• An unwanted physical contact by an employer, supervisor, or colleague, including groping
• An environment where people make sexual comments or jokes that make you or other workers uncomfortable
• An open display of pornography through posters, messages, or emails
• Repeated sexual propositions or advances by the employer, the same supervisor, or a colleague
• Continuous sexual remarks regarding your clothes or physical appearance
• A permissive environment that allows workers to make offensive sex-related comments without a care

Remember that your employer has a legal duty to protect you from sexual harassment. They are liable, even if another person, like a colleague or supervisor, sexually harasses you. There should be policies in place against workplace sexual harassment. Your employer must also create an effective reporting channel through which you can seek help if you are harassed. If this is not the case, you can file a lawsuit against them to protect yourself and other workers and to recover compensation for your damages.

Sexual Harassment in a Law Office

The type of sexual harassment that occurs in a law office is similar to what happens in other workplaces. Lawyers are held in higher regard, mainly because they are better equipped to understand the laws and should serve as advocates for human rights in all aspects of life, including their working environments. Many people expect law offices to be the most conducive to work in. However, the recent reports of sexual harassment in law offices are proof that you can suffer discrimination or harassment in any working environment. What is essential is to understand what it entails, how to fight for your rights, and how to hold your employer responsible for failing to enhance safety in your workplace.

You can suffer one or both types of workplace sexual harassment in a law office, namely quid pro quo and hostile working environment. The gravity of this will depend on the efforts your employer has made to create a safe environment for all workers. If there are policies in place against sexual harassment, perpetrators will try to be discreet. However, open harassment by colleagues, supervisors, or the employer is not uncommon in workplaces where the employer prioritizes workplace safety. This is necessary to understand so you can take the right actions to combat harassment and obtain compensation for your damages.

Remember that employers and bosses in law offices should not hire or promise to retain you, due to your willingness to submit to their sexual advances. Most will cover the harassment with a threat, an offer, or a promise to make it more appealing. Whenever you feel pressured to engage in a sexual act with someone you are professionally related to, or are caused to tolerate sexual talks, jokes, or messages, know that you can find help under FEHA to stop the harassment and enjoy a safer working environment. Here are some of the ways an employer, supervisor, or colleague can sexually harass you:

• Frequent unwanted sex-related graphic discussions in and out of the office
• Unwelcome comments about your body and its sexual appeal
• Sex-related propositions every chance they get
• Unwelcome touch that continues even after asking them to stop or displaying your disapproval
• Repeated requests for a date, even after declining several times and making it clear to them that you are not interested
• Derogatory or sexual comments about you or another person
• Work-related decisions that are made based on your willingness to go on a date or perform a sexual act
• Open distribution or display of sexually graphic data or images through computers or smart gadgets
• Any unwanted comment, joke, or gesture by the same person over a particular period

If someone asks you for a sexual favor, touches you inappropriately, makes a derogatory comment or joke, or commits any of the acts mentioned above, you can tell or show them your disapproval. If this does not work and they repeat the same behavior several times, you should report it to your employer, seeking their protection and guidance. Legally, your employer should take action to stop sexual harassment in their workplace. If they fail to do this, you can seek FEHA’s help in filing a suit against your employer. Remember that your employer is obligated to provide you with a safe working environment. They are responsible for your safety and comfort, even if they are not the actual perpetrators of sexual harassment.

When reporting workplace sexual harassment, ensure you understand what constitutes sexual harassment so that your case against your employer is strong. Remember that a single incident of sexual harassment is sufficient to build a solid case against your employer if it creates a hostile, intimidating, or offensive working environment. You can also make a strong case if yours constitutes repeated sexual harassment incidents. These incidents must be similar and committed by the same person or people. A pattern of sexual conduct against one party by the same party is more acceptable and will likely result in a favorable outcome.

Here are the factors FEHA considers when determining workplace sexual harassment cases:

The Nature of Behavior

Workplace sexual harassment must involve a sexual act, proposal, or comment by one or more people against you. It should be sex-related for FEH and civil courts to approve your case. The perpetrator’s behavior must be offensive enough to cause you to feel intimidated or annoyed. Severe sexual harassment acts cause employees to want to quit their employment or seek safer working environments.

The Context of the Harassment

The context under which workplace sexual harassment occurs is critical. There should be some basis for the perpetrator’s conduct or your position as the victim. For example, if you are the only male or female employee in a law office, this can form a reasonable basis for one or more of your colleagues to harass you sexually. Generally, most sexual harassment cases are reported by junior employees or people who are different in physical appearance, religious beliefs, or nationality from everyone else.

The Frequency

Remember that even though a one-time event is valid, it will not make your case as strong as a pattern of sexual harassment events over a particular period. Also, the frequency at which the perpetrator harasses you will strengthen your case.

Thus, you need multiple instances of harassment to build a strong and pervasive case against your employer. Remember that your workplace does not become hostile after one incident of sexual advances or derogatory comments. However, repeating the same behavior will likely cause you to feel unwelcome or unsafe.

It helps to work closely with a skilled sexual harassment attorney when building a workplace sexual harassment case against your employer. Your attorney will evaluate your case to determine its validity and strength. They will help you gather evidence and file the case in a civil court. An attorney will also fight alongside you until you are satisfied with the case’s outcome.

Building a Workplace Sexual Harassment Case

If you suspect workplace sexual harassment, do not rush into filing a claim with FEHA or a civil court until you are sure you have a solid case. First, ensure that the act or pattern of conduct you have observed over a particular period is workplace harassment. The truth is, not all touches or explicit comments amount to workplace sexual harassment. If you have managed to tolerate what you have encountered for some time and do not feel intimidated, annoyed, or victimized in any way, it could be challenging to build a case against your employer.

Remember that workplace harassment entails actions or words of a sexual nature that make you uncomfortable, annoyed, or intimidated. They can make your workplace toxic or hostile, affecting your productivity and enjoyment of working there.

Thus, your first step when building a workplace sexual harassment case would be to determine whether you have a case against your employer. If you prefer to maintain your personal space and have a colleague who enjoys hugging, their intention may be good, even if they hug you frequently. However, if their hugging makes you uncomfortable, and they have not changed even after communicating or showing them your displeasure, you can report the matter to your employer. Someone who means well will stop any behavior that makes you uncomfortable or is generally unwelcome.

Additionally, ensure that the behavior you consider sexual harassment constitutes a sexual advancement or physical, verbal, or visual harassment. It should be consistent to make a pattern that makes you uncomfortable performing your duties in your workplace.

Talk to an attorney if you are not sure about your case or what you experience in your workplace. The fear that you are misinterpreting a touch, joke, or statement can cause you to tolerate sexual harassment for a very long time. Your attorney will help you answer these questions to determine the strength of your case:

• If the behavior is unwanted
• If the harassment is severe
• If the behavior is pervasive

When an unwanted comment or touch by an employer or colleague becomes pervasive enough to make our workplace unbearable or hostile, it is a significant problem. Other pervasive gestures that you should not think twice about reporting include the following:

• A voluntary touch on your private body parts, including genitals, buttocks, female breasts, or even inner thighs
• A straightforward invitation to engage in sexual acts for a particular work-related favor, like a promotion, or a favorable shift

Once you establish that what you experience in your workplace is sexual harassment, your attorney will explain your legal options and help you in decision-making. If you choose to file a case against your employer, your attorney will help you gather evidence and file the necessary documents within the required time. They will also attend all hearings with you and defend your best interests for a favorable outcome.

Remember that not all workplace sexual harassment happens within the confines of an office. Some perpetrators commit these heinous crimes outside business premises, such as during a business trip, errand, or party. You still have a valid case against your employer as long as you can prove that the harassment occurred while you were actively involved in a work-related activity.

Factors that Can Strengthen Your Law Office Sexual Harassment Case

When filing a lawsuit against your employer for workplace sexual harassment, there is usually no guarantee you will win. Civil courts rely on the evidence you file and present during hearings to determine the case. Your employer is also allowed to defend themselves and their workplaces with evidence and compelling statements. Generally, judges rule in favor of the strongest case. Thus, if you do not make your case strong, your employer can win, and this means you lose the opportunity to recover compensation for your damages.

Fortunately, you can strengthen your case with several factors and with the assistance of a competent sexual harassment attorney. Here are some factors you can consider when building your case:

Have Proper Documentation

It helps to have your case well documented to make it easier for FEHA, the judge, and anyone else who reviews it to understand it. Start documenting immediately after you suspect sexual harassment in your workplace. Document every incident that makes you uncomfortable or annoyed. Be very specific regarding what happened, the perpetrator, and how it made you feel. Your records should include the locations, times, dates, and specific actions or words used by the perpetrator against you. This documentation will serve as evidence during the hearing.

You can also gather other evidence to support your case, with the assistance of your attorney. For example, if your harasser communicated with you through text messages, calls, or email, you can submit it as evidence in the hearing. Prepare all materials related to your case in advance.

Find a Support System

Workplace harassment is a challenging experience to endure. It can cause stress and lead to depression, affecting your social and professional lives. It can also affect your productivity at work. You should speak with someone immediately after you notice the issue or once you decide to take action against your harasser. For example, you can discuss your concerns with a trusted colleague, a family friend, or a relative. You can even seek professional help to protect your mental and emotional welfare.

Once you are ready to take action, report the matter to your employer. If this does not resolve the issue, you may need to file your case with the FEHA or a civil court.

Review Your Workplace Policy

Workplace policies are a legal requirement for all employers to ensure clear guidelines on how to address issues within the workplace, including sexual harassment. It should guide you on the actions you should take against your harasser and employer. Take the time to review and understand your workplace’s policy on matters related to sexual harassment. Follow the reporting procedures provided; if they do not yield the expected outcome, you can file a case against your employer.

Find a Competent Workplace Sexual Harassment Lawyer Near Me

Sexual harassment in a San Diego law office can seem like a complex case, especially if your harasser is an attorney. However, you can still build a solid case and obtain a favorable outcome with the assistance of a competent team of sexual harassment attorneys. What you need is proof of behavior that amounts to sexual harassment committed against you by someone who is professionally related to you. The behavior must be repeated or continuous and should have occurred within a particular period.

At Empower Sexual Harassment Attorneys, we help plaintiffs file workplace sexual harassment cases against their employers. We ensure you understand the strength of your case, your rights and options, and the kind of evidence needed to fight for a favorable outcome. We also help you navigate all the complex legal processes involved. Call us at 619-604-3027 to learn more about the law against workplace sexual harassment, your case, and our services.