Workplace Sexual Abuse Lawyer
Sexual harassment and abuse in the workplace can affect anyone, regardless of sex, gender identity or expression, or sexual orientation.
We Help Hold Employers and Abusers Accountable
Sexual harassment and abuse in the workplace can affect anyone, regardless of sex, gender identity or expression, or sexual orientation. It is a form of sex discrimination and is illegal. If this is happening to you, you may have a viable claim for compensation and protection from retaliation. Start with a free, confidential consultation with our workplace sexual abuse lawyer to understand your rights and next steps.
At Karns & Karns Personal Injury and Accident Attorneys, we understand that reporting sexual harassment, abuse, or assault can feel intimidating and overwhelming. We also recognize that concerns about retaliation, such as demotion or termination, keep people from speaking out. However, California and federal law prohibit retaliation for reporting sexual harassment or participating in an investigation.
You deserve a workplace free from illegal harassment and abuse. We fight for survivors of workplace abuse and work to hold individuals and employers accountable for their unlawful actions.
What Is Workplace Sexual Abuse or Harassment?
In California, sexual harassment is unwelcome sexual advances or visual, verbal, or physical conduct of a sexual nature that interferes with your ability to work or creates an intimidating, hostile, or abusive work environment. In some situations, a single incident may be enough to be unlawful.
There are two main types of sexual harassment:
- Hostile work environment. A hostile work environment refers to unwelcome sexual conduct that unreasonably interferes with your work or creates an intimidating, hostile, or abusive work environment.
- Quid pro quo harassment. Quid pro quo is a Latin term meaning “this for that.” It occurs when someone with power conditions an employment decision on your submission to sexual conduct or threatens job harm if you refuse. For example, a supervisor may tie job benefits to your submission, including hiring, promotion, a raise, or preferred shifts. Quid pro quo harassment also encompasses sexual coercion backed by the threat of negative consequences, such as being passed over for a promotion or termination.
Harassment does not have to be motivated by sexual desire. More so, it can happen to anyone, regardless of sex, gender identity or expression, or sexual orientation.
What Acts Count as Sexual Harassment in the Workplace?
Examples of conduct that may qualify as sexual harassment in the workplace include, but are not limited to:
- Sexual or offensive comments
- Explicit messages, images, or videos
- Sexual gestures or leering
- Unwanted sexual advances
- Blocking your movement
- Sexual favoritism or unequal treatment
- Unwanted or inappropriate touching
- Sexual assault
If your experience feels like a hostile work environment or quid pro quo, we are here to help. Schedule a free, confidential consultation with our experienced workplace sexual abuse attorneys for legal advice specific to your situation.
Steps to Take When Facing Sexual Harassment or Abuse in the Workplace
If you are experiencing sexual harassment or abuse in the workplace, we recommend taking the following steps to protect your legal rights:
Step 1: Document the Harassment and Abuse
Keep documentation of each incident of harassment or abuse. For example, if your manager or supervisor sent you a sexual or offensive email or message, save it and take screenshots. If they made an advance toward you after a meeting, write down what happened right away. Keep a record with dates, times, locations, witnesses, and what happened.
Store your records in a safe place outside your workplace so they are accessible when you need them. If you decide to report the abuse, this documentation will serve as critical evidence to support your claim.
Step 2: Contact an Experienced Workplace Sexual Abuse Lawyer for Legal Help
Dealing with sexual harassment and abuse in the workplace can be challenging to navigate alone. Our workplace sexual abuse attorney can provide compassionate legal guidance and support during this difficult time. During a free, confidential consultation, we will listen to your story and explore your legal rights and options.
If we can help you with your case, then you can count on us to fight for justice and compensation on your behalf. We work on a contingency fee basis, meaning you pay no legal fees or out-of-pocket costs unless we win your case.
How Can I Report Sexual Abuse in the Workplace?
You can report workplace sexual harassment or abuse internally to your employer and externally to a government agency. You can also report it to law enforcement if a criminal act, like assault or rape, occurred.
File an Internal Report With Your Employer
Many companies have policies in place for reporting sexual harassment. Before reporting, review your employer’s sexual harassment policy to confirm the steps you should take and who receives complaints.
If you cannot find the policy, ask a trusted supervisor or the company’s human resources department about how to report it to the company. Then, follow your company’s policy to file an internal report. If the person you should report to is your abuser, report to the next level of management or human resources.
You should put your complaint in writing and keep a copy. We also recommend asking for a written acknowledgement of your complaint.
If your employer does not take appropriate action to stop the harassment, they may be legally responsible for the harassment.
File an External Report
You can also file an external complaint with the California Civil Rights Department (CRD) or the federal Equal Employment Opportunity Commission (EEOC). These agencies investigate workplace harassment. If an agency finds reasonable cause that a law it enforces was violated, it may attempt to resolve the case through mediation, negotiation, or conciliation. In some situations, it may file its own lawsuit.
If the agency decides not to file a lawsuit, it will give you a Notice of Right to Sue, allowing you to file a civil lawsuit. You can also request a Notice of Right to Sue from the agency, even if its investigation is incomplete:
- CRD: You can request an immediate Notice of Right to Sue without going through CRD’s investigation process.
- EEOC: You can request a Notice of Right to Sue if 180 days have passed from the date you filed your complaint. In some cases, it may agree to issue a Notice of Right to Sue before the 180-day period ends.
File a Police Report
If you were sexually assaulted, seek medical attention. In addition to any immediate treatment, your medical records can be critical evidence for a civil claim. This is because they document your condition and the impact of the assault on your physical and mental health.
You should also consider filing a police report. A criminal case is separate from any civil claim you pursue.
What Compensation Is Available in Sexual Harassment Claims?
If you are experiencing workplace sexual harassment or abuse, you may have a viable claim under California’s Fair Employment and Housing Act (FEHA) or the federal Title VII of the Civil Rights Act of 1964. Both of these laws prohibit sexual harassment as a form of discrimination in the workplace. You may be entitled to financial compensation, which can include:
- Back pay and lost benefits
- Reinstatement or front pay
- Compensation for emotional distress
- Attorney’s fees and court costs
Your case may also result in court-ordered policy changes or training at your company to prevent future harassment and abuse.
Remember, retaliation for filing a report or participating in an investigation is illegal. Retaliation can take many forms, for example:
- Schedule or department changes
- Decreases in hours or pay
- Increased harassment or hostility
- Demotion
- Suspension
- Termination
If you experience retaliation after reporting the abuse, document and preserve related records, like emails or messages. You may have a further claim for retaliation.
Schedule a Free Consultation With Our Workplace Sexual Abuse Lawyer
You do not have to stay silent or handle this situation alone. You deserve a workplace free from illegal harassment and abuse. If you are facing workplace sexual harassment or abuse, our team will listen to your story, answer your legal questions, and help you understand your legal options for moving forward. If you would like compassionate legal guidance, call us at 1-888-779-1180 or submit our online contact form, and we will get back to you soon.
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