Guide to File Sexual Harassment Lawsuits in California

Sexual harassment is an injustice committed against people in the workplace that can change the entire environment, making people feel unsafe, unvalued, and disrespected. The legal process can be complex, and the emotional toll it can take may not seem worth it. You may be wondering where to find a guide on how to file a sexual harassment lawsuit. An expert sexual harassment lawyer in Los Angeles can provide the expertise and support you need to navigate this challenging process.

If this is something you are experiencing, you may be overwhelmed by the idea of standing up against sexual harassment. You deserve to work in a place you feel safe, and you also deserve to pursue that process without shame and confusion.

What Is Considered Sexual Harassment?

The most important thing to know as you start the claim process is what qualifies as sexual harassment. Here are some examples of sexual harassment in the workplace:

• Making inappropriate comments, remarks, or jokes through verbal, written, and electronic sources
• Showing people sexually suggestive content
• Sexually degrading someone through suggestions and/or invitations
• Touching without want or consent
• Talking about sexual activities
• Making obscene gestures toward or in reference to other employees
• Leering at employees
• Offering quid-pro-quo exchanges where benefits, such as raises and promotions, are offered in exchange for sexual favors
• Reducing hours or acting in any way that is harmful to another employee’s reception of work and payment after declining sexual advances
• Firing employees because they have rejected unwanted sexual advances and/or filed a sexual harassment claim

If any of these apply to you or someone you know, it is wise to start preparing your case right away. The first step you can take is reaching out to a local sexual harassment lawyer. Their experience and compassion will help you organize evidence, as well as emotionally face the daunting task ahead of you.

When Does Sexual Harassment Become Criminal?

Sexual harassment should never be tolerated, but when it becomes assault, it crosses into criminal territory. This includes but is not limited to sexual assault, sexual abuse, rape, forcing victims to view or perform sexual acts against their will, fondling, groping, unwanted touching, and the attempt of any of the aforementioned actions.

If any of these have happened to you or someone you know, the first thing you should do is call 911. Your safety is more important than anything. After the police are involved, you can file charges against your attacker. Any evidence found during the police’s investigation may be used in building your case against the aggressor.

How Do I File a Sexual Harassment Case in California?

Sexual harassment can greatly impact your life at work and outside of it. You deserve better than to have to put up with it without your aggressor facing repercussions for their unlawful behavior. If your employer is not making any efforts to remedy this situation, there are legal processes that you can undergo to pursue reparations.

• Hire a sexual harassment lawyer. While this is not legally required, you give yourself a strong advantage if you involve an experienced lawyer in the legal process. They will be able to guide you every step of the way and shed some light on an otherwise confusing and overwhelming process.
• File a complaint. You and your lawyer will want to file a complaint with the Department of Fair Employment and Housing (DFEH). In California, this is something you can do by mail, in person, or online.
• Obtain the right to sue. In order to move forward with your case, you must receive a Right to Sue Letter from the DFEH. This letter enables you to launch your claim against your employer.
• File the claim. This is the step where you let your employer know you are filing a case against them for sexual harassment in the appropriate court.
• Pursue a settlement. Attend any mediation or settlement talks and, if needed, the trial. If you and your employer settle outside of a trial, there will be no need to move forward. This happens on a case-by-case basis, and consulting your lawyer will help you make the right decision.

FAQs About Los Angeles,CA Sexual Harassment Law

What Is Needed to File a Sexual Harassment Charge?

There are three things in California that qualify you to file a sexual harassment charge:

• You must be the recipient of unwanted sexual advances, conduct, and/or comments.
• The harassment you’re experiencing is at least slightly related to your sex.
• The harassment is severe or pervasive enough to change the conditions of your employment.

If these three things apply to you, find a local sexual harassment lawyer to help you start the charge-filing process.

What Do You Need to Prove Someone Is Sexually Harassing You?

In California, the more evidence you have to present, the stronger your case will be. Evidence can include emails and texts where sexual harassment is present, coworker witness accounts, reports of times the harassment occurred, copies of any complaint you have filed against them to your employer and/or the police, and any pictures you may have. If you think it is even slightly related to your claim, it is worth presenting.

What Happens After You File a Police Report for Sexual Harassment?

When you file a police report for sexual harassment in California, the police will examine your case, review any evidence presented, investigate things further, and then decide whether or not to file charges. If they decide to file the charge(s), they may issue a restraining order on whoever has been harassing you, and further penalties may be given to the individual, depending on severity.

Is It Worth Reporting Sexual Harassment?

While it can be a scary and emotional process, reporting sexual harassment is worth it. You deserve to work in an environment in which you feel safe, and you may even be helping other employees by standing up against sexual harassment. It is also a good idea to report it right away and start gathering evidence as soon as you can to build a compelling, thorough case.

Your Safety Is Worth It

You and your coworkers deserve to feel safe and respected at work. The team at Park APC is prepared to advocate on your behalf and help you start the legal process today and move toward a better workplace for tomorrow. Contact us for a consultation.