Sexual harassment can create a hostile work environment, and victims of this type of harassment may be fearful to go to work every day. No one should have to be subjected to this type of behavior. Not only is sexual harassment unfair, but it is also illegal under both California and federal law.
Some people might think that only women can be the victims of sexual harassment; however, that is not the case. Men can also be victims. Harassers can be either men or women and sometimes they are the same sex as the victim.
If you are the victim of sexual harassment, you need our Ojai employment attorney who will fight to protect your rights. At Gutierrez Law Firm, we have helped hundreds of clients get the justice they are entitled to. Contact us today for a free consultation to let us learn more about you and your case.
Why Choose Gutierrez Law Firm?
Victims of sexual harassment can suffer extreme emotional distress. These types of cases are very personal, and you need a Ojai sexual harassment attorney who will give you the personal attention you deserve. You will never be just another case number in our office. Instead, our caring and compassionate team will be there for you every step of the way while we put together a winning strategy for your case.
Our founding attorney has devoted her entire career to helping protect the rights of employees in the workplace, and she is ready to help you too. Give us a call today to let us get started holding the responsible parties accountable.
What Classifies As Sexual Harassment in Ojai?
The EEOC has defined sexual harassment as “unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature.” Additionally, offensive remarks about a person’s sex can be considered harassment, even if the remarks are not sexual in nature.
Some common examples of behavior that can be considered sexual harassment in California include:
- Unwanted sexual advances
- Unsolicited touching
- Promises of promotions or incentives in return for sexual favors
- Threats of wrongful termination or changes to employment status if the victim refuses to perform sexual favors
- Sending explicit messages or photos to a coworker
- Detailing your own personal sexual experience or questioning a coworker about their sexual experiences
While this list is certainly not exhaustive, it is apparent that there are many types of conduct that classify as sexual harassment.
What Should I Do If I Have Been Sexually Harassed in the Workplace?
Being sexually harassed at work is an overwhelming experience, but you do not have to deal with it alone. Taking the right steps early on can protect your rights and strengthen your legal claim. The following actions can help you document what happened and start building your case against the at-fault party:
Document the Harassment and Preserve Evidence
Writing everything down might feel like the last thing you want to do, but it matters more than you think. Start with the date and time of each incident, who was involved, where it happened, and what was said or done.
If anyone witnessed what happened, write down their name and what they may have seen or heard. The more details you have in one place, the easier it is to remember what happened later. You do not need to explain it perfectly. You just need to get it out of your head and onto paper or into a secure note.
Report the Harassment and Seek Legal Guidance
Once you feel ready, make a report to someone in a position to help. That might be a supervisor, the Human Resources (HR) department, or another manager if your supervisor is the one involved. You can usually file a written complaint or send a formal email.
Try to be clear about what happened and include any dates or supporting information you have. If your company has a reporting policy, follow the steps exactly as they are written. If they do not, keep a record of anything you submit and who you gave it to.
How to Prove Sexual Harassment in the Workplace
Sexual harassment cases often come down to what you can prove, not just what happened. Even if the behavior felt subtle or built up over time, there are still ways to show a clear pattern. Below are some of the most helpful types of evidence we use in California sexual harassment cases:
- HR complaint forms
- Emails or text messages with harassing content
- Documentation of verbal reports made to management
- Witness statements from coworkers
- Performance reviews following a refusal of advances
- Copies of disciplinary action taken after complaints
- Pay stubs showing retaliation or demotion
- Surveillance footage (if applicable)
- Written policies from employee handbooks
- Screenshots of inappropriate messages or images
- Calendars or journals tracking incidents
- Documentation of emotional or medical treatment
- Employer responses (or lack thereof) to reports
Putting together the right evidence can make all the difference in your case. California law, specifically California Gov. Code § 12940(j)(1), makes it clear that employers are responsible for stopping harassment once they know it is happening. At Gutierrez Law Firm, we take your story seriously, and we are here to help you organize what you have so your voice is heard.
Who Can Be Held Liable For Sexual Harassment in Ojai
Your harasser can almost always be held personally liable for their conduct. Additionally, criminal penalties might apply, depending on the specifics of the conduct. In some cases, your employer may also be liable.
Generally, if your harasser is your supervisor or another manager, the employer may be held liable. Under California Government Code §12940(j)(1), employers are strictly liable for the conduct of the managers and leaders who work there. If the harasser is a coworker, your employer will only be liable if they knew or should have known about the conduct and did nothing to stop it.
How Long Do I Have to File a Sexual Harassment Case in California?
California has strict time limits for filing sexual harassment claims, and these deadlines can affect whether your case can even be heard. In most situations, you will need to file a complaint with the California Civil Rights Department (CRD) within three years from the date of the last incident, according to California Gov. Code § 12960(e).
If your claim also falls under federal law, you may have as little as 180 to 300 days to file with the Equal Employment Opportunity Commission (EEOC), based on 42 U.S. Code § 2000e–5(e)(1). These deadlines can sneak up quickly, especially when you are still trying to process what happened.
Let Our Ojai Sexual Harassment Lawyer Handle Your Claim
If you have been the victim of sexual harassment, contact Gutierrez Law Firm today. You have a limited amount of time to file a claim, and our Ojai sexual harassment lawyer can help you through the process of filing a claim and getting compensated for your emotional distress. You do not have to tolerate this type of behavior, so schedule your free consultation with us today by calling (213) 460-8380 to get started.