While not legally required, reporting harassment through your company’s internal procedures can strengthen your case and may resolve the issue without litigation. However, if the employer fails to take appropriate action or if you face retaliation, you should consult with an experienced employment attorney immediately.
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(415) 444-5800Sexual Harassment
San Francisco Sexual Harassment Attorneys
Sexual harassment is gender discrimination under California’s Fair Employment and Housing Act (FEHA). Thanks to social movements like #MeToo, many employers have recently become more aware of the prevalence of sexual harassment in the workplace, expanded their anti-harassment training, and enacted stricter sexual harassment policies. However, sexual harassment continues to be a serious problem in California workplaces, and employees at all levels of a company need a clear, strong understanding of what actions can constitute sexual harassment and what conduct is acceptable under the law.
If you believe you have been the victim of sexual harassment in the workplace, be sure to discuss your situation with a knowledgeable sexual harassment attorney. You could have a valid legal claim that entitles you to compensation. Jeannette A. Vaccaro focuses exclusively on representing former employees in complex matters, including sexual harassment. When the stakes are high, her track record and her commitment to each individual client set her apart.
What is Sexual Harassment in the Workplace?
Workplace sexual harassment generally falls into two categories: quid pro quo harassment and hostile work environment harassment. Quid pro quo is Latin for “this for that” and refers to situations in which an employee is offered a reward in exchange for a sexual favor or threatened with negative action if they don’t comply. This behavior is usually, but not always, directed at an employee by a manager or someone with supervisory authority over the employee. The creation of a hostile work environment, on the other hand, constitutes harassment that negatively impacts the victim employee’s working conditions or ability to perform their job duties.
Generally, sexual harassment is a form of gender discrimination involving prohibited behavior that is unwanted and results in harm to the person being harassed. Some examples of sexual harassment may include, but are not limited to:
- Unwanted sexual advances, requests for sexual favors, or other verbal or physical harassment of a sexual nature
- Being touched in a way that makes you feel uncomfortable
- Inappropriate communications including letters, notes, emails, texts, and phone calls
- The sharing of explicit photos or videos
- The spreading of sexually-charged rumors
- Gender-based remarks, which may or may not be sexual in nature
- Inappropriate sexual gestures, jokes, or implications
- Retaliation for ending or refusing a sexual or romantic relationship
- Unwanted gifts of a sexual or romantic nature
- Sexual demands with words or actions
- Off-color jokes or offensive nicknames
Some forms of harassment are clearer than others, and the following can all be true of workplace sexual harassment:
- The victim or the perpetrator may be of any gender and doesn’t have to be of the opposite sex.
- The offender can be a direct supervisor, an agent of the employer, a supervisor in another area, a co-worker, or even a non-employee like a client or a customer.
- The victim could be anyone impacted by the offensive conduct, not just the person it was directed towards: for example, a co-worker who witnessed the behavior.
- Sexual harassment can occur without economic harm to or firing of the victim.
Conduct based on an employee’s gender that interferes with an employee’s ability to work, puts their job on the line, or creates a hostile work environment is considered unlawful. Sexual harassment is not always apparent, so it’s critical that anyone who believes they’ve been subjected to such behavior discuss their circumstances with an experienced sexual harassment lawyer. An attorney can gather the necessary details and evidence to determine if a valid sexual harassment claim exists.
Who We Represent
Sexual harassment takes many forms, and no two situations are exactly alike. We represent individuals in complex situations, including those who’ve been:
- Pressured by a Supervisor or Authority Figure: A manager, owner, or other authority figure has suggested that your job security, schedule, raise, promotion, or discipline depends on accepting sexual attention or requests for sexual favors.
- Subjected to a Hostile Work Environment: Sexual jokes, comments, images, repeated advances, or other behavior have become frequent or severe enough that you dread work, feel unsafe, or cannot perform your job comfortably, whether from one person or a wider culture that management has allowed to continue.
- Retaliated Against for Reporting Harassment: You reported harassment or raised concerns to HR, but your former employer minimized the issue or allowed it to continue, or you were demoted, transferred, given worse shifts, or fired after speaking up.
- Facing Sex-Based or Gender Identity Harassment: You are facing slurs, gender stereotypes, outing threats, or offensive conduct connected to your sexual orientation, gender identity, or gender expression, whether from a supervisor, coworker, or customer.
If any of these situations sound familiar, you may have a valid legal claim under California law. Our firm represents those who have been terminated or felt forced to resign due to intolerable workplace conditions.
How to File a Sexual Harassment Claim
California’s Fair Employment and Housing Act (FEHA) classifies sexual harassment as a form of gender discrimination and provides strong protections for employees. Under FEHA, both quid pro quo harassment and hostile work environment harassment are prohibited. Federal law, through Title VII of the Civil Rights Act, offers additional protections.
To pursue a claim, employees typically follow these steps:
- Document the conduct: Record dates, times, witnesses, and descriptions of each incident, and preserve any relevant communications.
- Report internally: While not legally required, filing a report with HR or management can strengthen your case and create a paper trail.
- File a complaint: Before filing a lawsuit, most employees must file a complaint with the California Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC). There are strict deadlines, so acting promptly is critical.
- Obtain a right-to-sue notice: Once the agency issues this notice, you may proceed with a civil lawsuit.
Why Choose Our Firm
We bring a combination of legal skill and genuine compassion to every case we handle. Jeannette personally handles her clients’ cases from start to finish, spending the time needed to understand each unique situation rather than rushing through a consultation. Our firm’s results speak for themselves, with settlements and awards ranging from $400,000 in gender discrimination cases to over $1 million in harassment and discrimination matters.
Clients consistently describe working with Jeannette as feeling supported, heard, and guided every step of the way. When you are up against an employer with a team of attorneys, having a proven advocate in your corner makes all the difference.
Turn to a Skilled Lawyer for Guidance
If you think you’ve been subjected to workplace sexual harassment, you should discuss your case with a sexual harassment lawyer at the Law Offices of Jeannette A. Vaccaro PC today to find out what rights you have under federal and California laws. Contact us to schedule a confidential case review.
FAQs About Sexual Harassment in California
What should employees do immediately after experiencing sexual harassment?
Document the incident by writing down details, including dates, times, witnesses, and exactly what happened or was said. Keep copies of any relevant communications, emails or messages, and report the harassment to your supervisor or HR department following your company’s established procedures.
What if a supervisor says the harassment was just a joke?
The intent of the harasser is not the determining factor in sexual harassment cases. What matters is whether the conduct was unwelcome and created a hostile work environment. Comments that are claimed to be jokes can still constitute harassment if they are sexual in nature and create an offensive workplace atmosphere.
Does sexual harassment only include physical conduct?
No, sexual harassment encompasses verbal, visual, and written conduct in addition to unwanted physical contact. This includes sexual comments, jokes, emails, text messages, displaying sexually explicit materials, and making sexual gestures or expressions.
Should former employees hire an attorney for their sexual harassment case?
Yes, sexual harassment cases involve complex legal standards and procedures that require experienced legal representation to navigate successfully. An experienced employment attorney can help you understand your rights after being terminated or constructive discharge, gather evidence, negotiate with the employer, and pursue the full possible compensation you deserve under California law.
Think You May
Have A Case?
Jeannette is passionate about employee rights. She fights to shed light on injustices and to help her clients move beyond troubling times. Contact Jeannette today for a free case evaluation.
Jeannette A. Vaccaro is a Passionate and zealous advocate, representing employees in all facets of employment law.
Over
$20 MILLION
Recovered on Behalf of Employees
Think You May Have A Case?
Jeannette is passionate about employee rights. She fights to shed light on injustices and to help her clients move beyond troubling times. Contact Jeannette today for a free case evaluation.
$2,000,000
Settlement after arbitration in a disability discrimination case involving a tech worker.
$1,822,000
Settlement after successful jury verdict in disability discrimination case.
$1,021,000
Arbitration award in race harassment and discrimination suit.
$924,000
Arbitration award obtained on behalf of employee terminated on account of his national origin.
$800,000
Settlement on behalf of a janitor in a medical leave retaliation case.
$475,000
Settlement for employee that was retaliated against on account of reporting discrimination.
$425,000
Settlement for employee discriminated against on account of her gender.
$425,000
Pre-litigation settlement for victim of race & national origin discrimination.
$400,000
Settlement negotiated in a gender discrimination case.
What Our Clients Say
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