LOOKING FOR A SEXUAL HARASSMENT LAWYER IN LOS ANGELES?
You take great pride in the work you do. You should be able to go to your place of business each day without the threat or fear of harassment. Employers are obligated by federal and state law to protect their employees from sexual harassment.
Title VII of the 1964 Civil Rights Act prohibits gender discrimination in the workplace. It is the main federal law that protects people against sexual harassment. The state of California has a range of statutes that reinforce this policy.
If you have been sexually harassed at work, you may need to take legal action against your company. Your first move should be to hire an employment attorney in Los Angeles.
The Right Response to Sexual Harassment
Your knowledge, expertise, and experience are what got you the job, and you want to be judged on your ability to do the work. This may make you hesitant to speak out about sexual harassment from embarrassment about the situation.
Employees often believe that their co-workers will look at them differently if they file a complaint. They may also fear that they will be retaliated against if they report their harasser to management. It is natural to feel all these things. However, it might be much harder to do the job properly under the constant emotional and mental strain that is a consequence of sexual harassment.
If you believe that you can get your harasser to stop by confronting them directly, then you should do so. Some people do not understand when they have crossed the line into inappropriate behavior. Sometimes a simple discussion is enough to stop the misconduct in its tracks.
However, those dealing with a more aggressive intentional type of harassment might be uncomfortable confronting the perpetrator. There is no shame in seeking help. And if you think it is better to report the person to your superiors, you should do so.
The Nature of Sexual Harassment
With the rise of the #MeToo and #TimesUp movements, many people have gotten the wrong idea of what is and what is not sexual harassment. The common rejoinder that “you can’t talk to anyone anymore” is sometimes used to obscure the difference between decent and indecent behavior.
People will naturally socialize in the workplace. Friendships will form and, of course, there will be individuals who become romantically involved. This is nothing to do with sexual harassment. The latter consists of unwanted sexual advancements. If you have already turned a co-worker down and they insist on pestering you about a date or escalate to behavior that includes inappropriate touching, emails, or comments, then they have descended into sexual harassment.
Sexual harassment is not limited to targeted aggression. If one or more of your colleagues puts up sexually suggestive posters, calendars, or screensavers, makes sexually explicit jokes or engages in catcalling, they have created a hostile work environment. That is against the law.
Filing a Legal Claim
You should hire a lawyer and file a legal claim against your employer only if they have failed to act on your original complaint or their action did not affect the harasser. You should file a lawsuit if you have faced retaliation for filing a complaint or pressured into dropping your complaint. It may seem like a serious step to take, and the prospect of going head-to-head with your company may unnerve and unsettle you. However, you need not go through the process alone. A Los Angeles workplace rights lawyer will be your guide, protector, and advocate as you pursue justice.
Statute of Limitations on Sexual Harassment
The California Fair Employment and Housing Act (FEHA) makes it unlawful for any employee to be discriminated against and harassed in the workplace. It also forbids retaliation against such a person for reporting the misconduct. Since January 1st of 2020, employees have three years to file a sexual harassment complaint with the California Department of Fair Employment and Housing (DFEH) after an alleged violation.
The extension from one to three years came as a result of the work done by the #MeToo movement. Sexual harassment can be a traumatic event. Many victims need time to fully process what they experienced before they can come forward. Victims also fear for their jobs and are threatened by the prospect of retaliation.
This new extension gives victims of sexual harassment time to understand their rights and options. It also obligates employers to monitor their retention of employee records so that they are accurate for the appropriate time frame.
Once you file with DFEH, the department will investigate your claims. They will either resolve the case or issue a notice of right to sue. You will then have an additional year to file an action in court.
How to Resolve Your Sexual Harassment Complaint
If the DFEH has issued a notice of right to sue, you will need to decide what you want from your employer. Your sexual harassment lawyer in Los Angeles can help you with this by getting you reinstated and ensuring that you are put back on track for career advancement. Your legal counsel can also pursue compensation on your behalf for mental and emotional pain and suffering.
We will ensure that your criminal complaint is taken seriously and that the person who assaulted you is brought to justice.