Employment Law

Sexual Harassment Attorneys in Pasadena, California

Under California law, sexual harassment in the workplace is illegal. However, sexually harassing conduct can sometimes be subtle and complex to identify. The complexity of this issue lies in the fact that it can take numerous forms and is not always visible. Knowing how to identify it and learning what you can do to hold offending coworkers and supervisors liable for their actions can help you protect your right to a safe workplace.

At Domb & Rauchwerger, we understand that being dismissed or forced to quit your job due to sexual harassment can leave you feeling violated and helpless. If you have suffered repeated instances of sexual harassment or were fired as a result of harassment, we can help. Our team is committed to holding employers accountable for violating state employment law and seeking justice for our clients in Pasadena, its surrounding areas, and statewide.

Call Domb & Rauchwerger at (213) 772-5882 or complete our free case review form to request a consultation with a Pasadena sexual harassment lawyer.

The Two Main Types of California Workplace Sexual Harassment

Sexual harassment can be divided into two categories as follows:

Quid pro quo occurs when a job benefit (such as a promotion, wage raise, or positive performance review) is conditioned either directly or indirectly on the employee consenting to some form of sexual conduct.
Hostile work environment is a broad term that refers to any conduct that is unwelcome, related to gender or sex, and significant enough to create an abusive environment or negatively affect the conditions of your employment.

The most prevalent form of harassment is sexual harassment, which can be directed at female or male employees of the opposite or same sex. A significant problem with sexual harassment on the job is that it can be challenging to spot. It’s possible to be subjected to this type of workplace harassment and not even realize it. It can include feeling awkward or having to fend off unwanted advances.

When behavior of this type disrupts the workplace and causes dread, anxiety, or discomfort, it is considered a hostile work environment, and you may have legal grounds for a claim.

However, in instances where you might not be able to identify the behavior you experienced as sexual harassment, our legal team can help to identify any illegal actions in your situation.

Examples of Workplace Sexual Harassment

Sexual harassment can refer to a wide range of inappropriate and offensive behaviors.

Examples include, but are not limited to:

Openly discussing or asking employees about sexual proclivities or sexual orientation
Giving unwelcome romantic or sexual gifts
Repeated remarks or commentary about an employee’s looks, attractiveness, or appearance
Making sexually suggestive jokes
Sexually provocative or explicit texting or emailing
Spreading sexually charged rumors about a coworker
Distributing or displaying revealing, inappropriate, or nude photos

Sexual harassment doesn’t have to be targeted at you specifically to be offensive. Even if you weren’t the direct aim of sexually harassing behavior, you might still be eligible to pursue justice. For example, if your coworkers openly spoke about another coworker in a sexual way, you could seek damages for bystander harassment.

However, if the sexually harassing conduct is not directed at you but instead directed at someone else, the harassment will typically need to be more severe for you to succeed in your claim.

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Domb & Rauchwerger What is Sexual Harassment?

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.

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.

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 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.

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 California sexual harassment lawyers can examine your situation and offer legal counsel on the best course of action.

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Remedies & Compensation for California Workplace Sexual Harassment

Before taking your case to court, your lawyer will meet with you to discuss the impact that workplace sexual harassment has had on your finances, employment, and mental health.

Based on the information you provide, the following damages may apply:

Back pay: If you were wrongfully terminated or forced to quit due to a hostile work environment, a successful claim might yield back pay for lost wages, bonuses, benefits, retirement plan contributions, and paid time off. You may receive back payment from the beginning of your claim to the day it is resolved.
Emotional distress: Dealing with unwanted sexual conduct and a hostile work environment can lead to anxiety and emotional distress. These damages can help you seek counseling and cope with the distress you’ve experienced.
Front pay: You may be awarded front pay, which includes the wages you would have received if you had not been terminated or forced to quit your job due to a hostile work environment.
Reputational harm: If your reputation was harmed due to the sexual misconduct committed against you, you deserve compensation to make up for the damage.
Punitive damages: These damages can be used to punish your employer and deter others from engaging in similar misconduct.

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Don’t Quit Until You’ve Spoken to a Pasadena Sexual Harassment Attorney

At Domb & Rauchwerger, we understand how difficult it can be to continue working in a hostile environment. However, it may be in your best interests to continue working at your job until an attorney can pursue compensation for the sexual harassment you’ve experienced.

If you quit, you’ll have to file a constructive discharge claim, which is more difficult to prove than a wrongful termination claim, so it’s essential to have the proper evidence. Your evidence must prove that your situation was so bad that you had no choice but to leave.

Before you quit, consult with one of our attorneys. We can offer the legal advice you need to make intelligent decisions and improve your chances of receiving damages.

Contact us online or at (213) 772-5882 for more information and legal help in a free initial consultation.

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