info@walkerlawsd.com
619-839-9978

San Diego Sexual Harassment Attorney

Sexual harassment often goes undetected in the workplace. Let us help be your voice.

Sexual Harassment In San Diego

Sexual harassment cases can be complex and challenging to raise and handle, as well as potentially traumatic for the injured party. Sexual harassment at work can arise in many different forms such as unwelcome sexual advances, a sexually charged working environment, inappropriate behavior on the part of managers or other employees, and any other explicitly sexual conduct that adversely affects a person’s right to work safely.

While sexual harassment cases are most commonly filed by women, sexual harassment also impacts men and Trans individuals who closely identify with the LGBT community.

If you have been sexually harassed, forced to work within a hostile work environment or otherwise suffered due to inappropriate sexual conduct or comments within the workplace, Walker Law is here to help.

How We Approach Sexual Harassment Claims In San Diego

Whether you continue to work in a sexually charged or otherwise hostile working environment or have left a job as a result of the same, you have the right under California law to seek recourse.

Walker Law will fight in your corner and do everything in our power to ensure that the situation is redressed and that you are compensated fairly. We understand these cases are often very sensitive in nature and emotional for the victim. Our team takes privacy seriously and will work with you every step of the way to ensure you are comfortable with the way the case is being handled.

San Diego Sexual Harassment Claims We Handle

We provide a free case evaluation and can help with all sexual harassment claims in the San Diego area, including:
  • If you have been subjected to inappropriate language, comments or behavior of an overtly sexual nature in the workplace.
  • If you work within a hostile environment due to sexually charged or inappropriate workplace behavior.
  • If you have been denied a promotion or other benefits due to rejection of unwanted sexual advances.
  • If your employer has not or will not intervene to prevent or end sexual harassment.
  • If you have been physically attacked or threatened within the workplace.
  • If another person in your workplace touches you inappropriately or behaves towards you in a sexually threatening manner.
If you believe that you or a family member has been sexually harassed in the workplace, you should speak with a lawyer as soon as possible. It's important to act as fast as possible to ensure you have adequate time to file your case. If you need support, assistance, or guidance with any sexual harassment claim in the San Diego area, do not hesitate to contact us.

Frequently Asked Questions About Sexual Harassment In San Diego

The recent high profile sexual harassment cases have meant that the issue is coming more to the fore. Complex and challenging, sexual harassment cases can also be emotive and uncomfortable for many employees reporting sexual harassment at work.

What is sexual harassment at work in San Diego?

Sexual harassment is a form of sex discrimination. It violates Title VII of the Civil Rights act 1964 when it happens in the workplace.

EEOC guidelines define sexual harassment as unwanted sexual advances, requests for sexual favors and other conduct of a sexual nature, verbal or physical.

It also notes that sexual harassment occurs when;

  • An employee has to submit to such conduct as a term or condition of their employment. This can be implicit or implied
  • Whether someone is hired or not is depending on whether they submitted or rejected someone’s advances
  • The conduct was of a sexual nature that has the purpose of the effect of unreasonably interfering with work performance
  • The conduct of a sexual nature creates a working environment that is intimidating, hostile or offensive

The key word is ‘unwelcome’ because it effectively defines the behavior of someone towards you as unwanted. Sexual conduct is unwelcome whenever the person subject to it consider it unwelcome.

ANYONE can be a victim of sexual harassment. From a man to a woman and vice versa, from one man to another male, and from a woman to another woman. It can be an individual or a group issue.

What kinds of behaviors are considered sexual harassment?

If there were clear definitions, the life of attorneys and people seeking help after being sexually harassed at work would be ‘easier’ but what constitutes unwanted and unwelcome sexual advances by one person varies from how another sees it.

Thus, sexual harassment at work varies, depending on the situation and people involved. Sexual harassment might include unwelcome requests for sexual favors.

Harassment may take the form of direct or indirect threats of bribes associated with sexual activity. It can also include sexual innuendos and comments, or sexually suggestive jokes.

Unwelcome touching or brushing against someone can be deemed sexual harassment, as too can the display of sexually explicit material.

Sexual assault attempted or completed, can also be defined as sexual harassment.

Which laws pertain to sexual harassment in San Diego?

Title VII of the Civil rights Act 1964 is the federal law that protects people from discrimination based on sex.

This law makes it illegal for an employer to discriminate against employees, including people they are interviewing for posts when they fire them or promote them because of their sex.

Courts have found that sex discrimination is a form of sexual harassment and therefore violates the laws of sex discrimination at work.

Under the law, sexual harassment is proven when it can be shown the harasser targeted one sex or displayed general hostility to one sex, without ‘regard to which sex the harasser or victim is’.

In some states, there are laws which protect employees against sexual harassment beyond Title VII.

Who can be considered a harasser in the San Diego workplace?

Anyone can be the harasser in the workplace including supervisors and co-workers. It may also be that the person is not employed by the company, such as a client or a customer.

A sexually harassed person does not have to be directly harassed – for example, you could have been negatively affected by the offensive conduct of an employee towards another employee, or a customer towards a co-worker etc.

Can one incident of harassment or offensive behavior constitute sexual harassment?

Some cases such as quid pro quo – the discrimination of someone based on their gender and passed over for promotions etc. – may result in sexual harassment charges after one incident, especially when linked to the denial of employment benefits.

On the other hand, conduct would have to be quite severe or offensive to raise the situation to a hostile environment. In terms of hostile environment definition, there usually has to be a pattern of offensive conduct.

However, a single and extreme sexual harassment incident may be sufficient to constitute a violation of Title VII.

As a general rule of thumb, the more severe the harassment is, the less likely the victim will need to show a repetitive series of incidents. This is certainly true where the harassment is physical.

What is sexual violence in the workplace?

Divided into three categories, sexual violence in the workplace can be;

  • The use of physical force that forces someone into a non-consensual sexual act, whether or not the act is completed
  • Attempted or completed sexual act with someone who is unable to understand the nature of what is or has happened, or where they have declined to participate or have communicated their unwillingness to take part in the act. This may include people will illness, disability, under the influence of alcohol or drugs etc.
  • Abusive contact

Sexual violence in the workplace is considered to be a real issue with the United States Department of Justice estimating that 8% of rapes occur whilst the victim is at work.

Who is covered by sexual harassment laws in San Diego?

Title VII covers;

  • Private employees
  • State and local governments
  • Educational institutions who employ 15 people or more
  • Private and public employment agencies
  • Labor organizations
  • Joint labor-management committees controlling apprenticeships and training

Many states make it illegal to discriminate on the basis of sex, with some applying even more stringent laws than others.

Request A Free Consultation

Fill out the form below to receive a free consultation from Walker Law. Our consultations are confidential and require no commitment.

Call Us Now