Sexual Harassment Attorney in Pasadena

Is Sexual Desire a Condition of Sexual Harassment?

The person engaging in sexually harassing conduct does not have to be motivated by a sexual desire. It is enough that the conduct is based on sex or gender. Furthermore, sexual harassment does not have to come from a person of the opposite sex.

For example, a female supervisor can sexually harass a female employee when the sexual harassment has nothing to do with sexual desire or motivation. No matter who you are, you do not deserve to be subjected to these types of abusive behaviors. This underscores the importance of recognizing that power dynamics and systemic biases can contribute significantly to the harassment experienced in workplace environments.

How Frequently Must Harassing Behavior Happen to Create a Hostile Work Environment?

If your case goes to trial, the court will examine several factors to decide if the harassing behavior was severe or pervasive enough to be considered a hostile work environment. These include: 

• Whether or not the misconduct was physically threatening
• How much the harassment interfered with your work performance
• How often the sexual misconduct occurred
• How severe the sexually harassing conduct was
• The degree of discomfort and emotional distress the conduct caused

Some actions are so severe that they can be considered sexual harassment under the law, even if they only occur once. Less extreme but repeated weekly behavior may also qualify as sexual harassment that can be taken to court.

Whether someone’s actions create a sexually hostile work environment is based on both objective and subjective factors. The court will evaluate whether a reasonable person in the employee’s situation would view the workplace as hostile and if the employee genuinely felt that way. Context matters significantly, and a singular event, under the correct circumstances, can meet the threshold of harassment that merits legal action. Our attorneys are skilled at gathering necessary context and evidence to strengthen your position.

Proving Your Employer Should Be Held Responsible

To hold an employer responsible for workplace sexual harassment, you need to provide evidence that the harassment occurred. You won’t have to show that your employer was aware of the misconduct because employers are considered to be automatically liable for harassment committed by supervisors. 

If you were sexually harassed by a coworker, vendor, or non-employee, you’d have to prove the following elements to hold your employer liable for the misconduct you were subjected to:

• Your employer was aware of the sexually harassing misconduct or should have been aware of it
• Your employer failed to take action to fix the situation 

You must report sexually harassing conduct to your employer in a written complaint. A sexual harassment attorney at Domb Rauchwerger LLP can advise you on what to write in your complaint. Furthermore, unlike discrimination and retaliation claims that can only be brought against an employer and not an individual, an individual can be held personally liable for sexual harassment.

Collecting and presenting the evidence necessary to prove liability can be difficult. We can help you organize the documents and records needed to support your claim and seek the damages you’re owed. Involving our attorneys early on should be a strategic part of your efforts, helping to support the establishment of a meticulous record that is critical for proving your claim.

Retaliation for Reporting Workplace Sexual Harassment Is Against the Law

It’s common for victims of sexual harassment to feel helpless and hesitant to come forward for fear of facing retaliation. However, employees who report discrimination or harassment at work are protected from retaliation by state and federal laws.

If you believe you have been retaliated against after making a sexual harassment complaint, an employment lawyer can help. You should seek immediate legal counsel if you suspect employer retaliation or being fired for filing a sexual harassment complaint or reporting unlawful actions. Our team is equipped to provide comprehensive guidance through this intimidating process, ensuring you know your rights and are supported in taking the necessary steps toward resolution.

Our California sexual harassment lawyers can examine your situation and offer legal counsel on the best course of action. This preliminary consultation will help set the stage for any subsequent legal interventions, ensuring your claims are clearly articulated and strongly supported.

Rely on the expertise of a skilled sexual harassment lawyer in Pasadena. Contact us or call (213) 772-5882 now to arrange your consultation without delay.

FAQs About Sexual Harassment

What Should I Do If I Experience Sexual Harassment at Work?

If you experience sexual harassment at your workplace, it is crucial to document every incident meticulously. Note the date, time, location, parties involved, and any witnesses. This detailed record can be pivotal in legal proceedings. Report the behavior to your supervisor or HR department in writing. Keep a copy of your complaint and any responses. If the harassment does not cease, consult a sexual harassment attorney to understand your rights and explore options for legal action. At Domb Rauchwerger LLP, we offer personalized legal counsel to help you navigate these complex fields and protect your rights.

How Can Domb Rauchwerger LLP Help Me with a Sexual Harassment Claim?

Domb Rauchwerger LLP offers a unique dual-partner approach in handling sexual harassment claims. This means you benefit from the combined experience and insights of two seasoned attorneys dedicated to your case. We guide you through every step, from gathering evidence and documenting your experiences to representing you in negotiations or court proceedings. Our background in defending large corporations equips us to counteract their typical defense strategies effectively. We work on a contingency basis, meaning you pay no fees unless we secure a recovery for you.

What Are My Rights Under California Law Against Sexual Harassment?

Under California law, employees have the right to work in an environment free from sexual harassment. This includes unwelcome advances, offensive remarks, or any conduct that creates a hostile or intimidating atmosphere based on sex or gender. California law also protects employees from retaliation if they report harassment. It is essential to know that both supervisors and coworkers can be held liable for harassment. In the unfortunate event of experiencing such conditions, speaking with a sexual harassment attorney near you can help you understand and assert your rights.

Can I Be Fired for Reporting Sexual Harassment?

No, it is illegal for an employer to fire or retaliate against you for reporting sexual harassment. California law provides strong protections against employer retaliation to encourage employees to come forward without fear. If you suspect that you have been retaliated against, such as being demoted, unfairly disciplined, or dismissed following your complaint, it is important to consult with a legal professional. Our attorneys can help build a strong case to protect your rights and seek recourse for any unjust actions taken against you.

Why Is Local Counsel Important in Sexual Harassment Cases?

Working with a local attorney in Pasadena is crucial for handling sexual harassment cases, as they possess an in-depth understanding of local laws and court proceedings. They are familiar with the local judicial system and have established relationships within the community, which can be advantageous in navigating the complexities of legal processes. Additionally, local attorneys are accessible, ensuring you can communicate and meet as necessary throughout your legal journey. At Domb Rauchwerger LLP, we pride ourselves on being deeply integrated within the Pasadena community, providing personalized and informed legal support.

Connect with an experienced sexual harassment lawyer near you without delay. Dial (213) 772-5882 or submit an online form to get started.