Top-Rated Attorneys for Sexual Harassment in The Workplace
Roughly 98% of U.S. organizations have a sexual harassment policy, according to The Harvard Business Review (HBR). Despite businesses being more aware of sexual harassment in recent years, retaliation from upper management remains a common concern for employees. However, victims of workplace harassment should not let their complaints go unheard and unacknowledged. If you were one of many employees that have already filed a complaint, participated in investigations, and received a Right to Sue Letter from the Equal Employment Opportunity Commission (EEOC), half the battle is over. In this article, we explain what you should expect from a sexual harassment lawsuit.
Evidence Is Vital for Your Trial
California is one of many states that require employers to provide a safe work environment free from sexual harassment. After issuing a complaint, the company must act immediately on your behalf. Failure to do so gives you legal grounds to file an additional legal claim on an employer who neglected to take matters into their own hands and stop it.
When you review the details of your case with employment attorneys in Los Angeles, they will review every piece of evidence, including your testimonial. This is the time to mention any unusual incidents that occurred between you and the harasser. For example, many victims are dissuaded from speaking up because they accepted excuses normally relayed from upper management. Providing examples in court can help to refute the defendant’s position statement. A few instances that led to inaction are as follows:
Example #1: Getting told the harasser was not attracted to you. Therefore, the behavior was not sexual.
This is false. In California, harassment includes acts driven by desire, gender harassment, pregnancy harassment, and related factors about one’s sex. Sexual harassment is a broad term, and your employer should consider the harmful implications of denying your claims against another employee.
Example #2: The harasser is not an employee, so nothing can be done about it.
If you were harassed in any way, shape, or form, employers are legally obligated to prevent future occurrences of harassment from happening in the office. The environment should not feel uncomfortable, or should it cause you to fear coming to work.
A sexual assault lawyer in LA would explain, whether it was an employee or non-employee does not excuse the harasser’s behavior. During the trial, the employer will be assessed on the extent of their control of the situation to determine liability. They have a responsibility to act when they learn of inappropriate misconduct.
Example #3: Temporary employees are not protected from harassment like full-time workers.
In California, any employee, whether full-time or temp, is protected by law from sexual harassment. That also includes interns, volunteers, and contracted individuals.
Example #4: The inappropriate advance was directed at a co-worker who has yet to file a complaint.
If your co-worker was subjected to unfavorable treatment, you do not have to be targeted directly to file a report. The harasser is contributing to a hostile work environment, which can impact everyone.
Types of Damages in a Sexual Harassment Lawsuit
After a sexual harassment lawyer in Los Angeles reviews your case you will have a better idea of the type of damages you can recover. Damages (compensatory) are the amounts paid to the plaintiff if the case is settled in your favor. A few examples of compensatory damages include:
- Financial restitution for receiving loss in pay.
- Lost benefits, such as health plan benefits, pension, and paid-time-off.
- Medical expenses, if applicable to your sexual harassment case.
- Psychological counseling for emotional trauma.
Punitive Damages
Punitive damages are awarded to the plaintiff for circumstances that cannot be calculated. For instance, if your lawyer for personal harassment disputes proves the company knew of sexual harassment and did nothing to prevent it from happening, it will benefit your case. Instead of offering monetary compensation, this works to directly punish defendants whose conduct was purposeful and negligent.
Unfortunately, federal law does limit how much plaintiffs can receive in damages based on the size of your company.
- 15-100 Employees: The limit is $50,000.
- 101-200 Employees: The limit is $100,000.
- 201-500 Employees: The limit is $200,000.
- More than 500 Employees: The limit is $300,000.
Costs of a Sexual Harassment Lawsuit
In addition to holding the harasser accountable, legal fees can be a substantial expense. At Mann & Elias, we will work with you on a contingency basis. This means you will not pay anything unless we win and recover money on your behalf. Having an experienced labor attorney in LA to aggressively fight on your behalf is vital and in many cases, the only way you will recover maximum compensation.
Like you, the cost of legal fees will also impact your employer. The company will most likely provide them with liability insurance to cover settlement fees on their behalf. Keep in mind that your job does not always value your best interests, especially in a legal dispute. In many sexual harassment cases, more than 57% of employees walked away from their jobs because of their manager, according to DDI Frontline Leader Project. Employees should refrain from quitting or accepting a severance package to silence their sexual harassment claims.
About Mann & Elias
The Law Offices of Mann & Elias is an employment law firm that provides guidance and legal support for individuals facing issues in the workplace. We represent clients at every state and federal court system level in lawsuits regarding discrimination, wrongful termination, unpaid wages, and more. When your case is in our hands, we hope to minimize stress and concerns associated with work.
Workplace disputes and negotiations can be complicated and uncomfortable between an employee and employer. In many cases an employer can retaliate, causing individuals to feel that they are at a great disadvantage in the company. When you retain one of our lawyers, you will be well-protected and advised. While there are thousands of lawyers to choose from, we strongly believe our success is based on:
- 50+ years of trial experience
- Excellent advocacy skills
- Intense preparation and research
- Quality care
Since our partnership began over 20 years ago, we have settled hundreds of claims, completed 100 jury and bench trials, and recovered more than $18 million in settlements. In the end, our goal is to understand what you need and achieve the best outcome for you by focusing on those needs. For dedicated representation with no upfront fees, give us a call at 323-866-9564 or email info@mannelias.com.