Do You Need a Sexual Harassment Lawyer in LA?
You must contact a sexual harassment lawyer in LA if you wish to proceed with a sexual harassment claim as he or she can advise you on the process and guide you proficiently through each step of the case. You simply cannot file a lawsuit.
How a Sexual Harassment Lawyer Can Help
You have to file an administrative complaint with the Equal Employment Opportunity Commission (EEOC) and the Department of Fair Employment and Housing (DFEH) first. You cannot file a sexual harassment lawsuit then until these complaints are made.
Moreover, you only can file each complaint within a certain time frame. This window of time is known as the statute of limitations. In California, the statute of limitation is 3 years from the last harassment if you file first with the DFEH.
Should you file a complaint with the EEOC, you only have 180 days to file from the last incident. Should you file complaints at the same time, the EEOC will allow you the same time frame as the DFEH.
Even if you have 3 years to file an administrative grievance, that still does not allow you much leeway. That is why it is important to contact a sexual harassment lawyer right away to discuss your sexual harassment claim. He or she can investigate the case further and explain what you can receive in any lost pay, compensatory damages, or punitive awards, based on the circumstances of your case.
So, how is sexual harassment determined? When can you sue for this form of workplace discrimination?
Defining Workplace Discrimination: What It Covers
The EEOC gives a clear definition of sexual harassment on the job, based on Title VII of the 1964 Civil Rights Act.
The Department of Justice further outlines the legislation on its website. According to the Department of Justice, Title VII covers workplace discrimination based on a person’s sex, country of origin, race, color, or religion. Also, employers or harassers cannot retaliate against an employee who makes a claim of discrimination or who complains.
Therefore, Title VII provides relief against discrimination with respect to the following:
- Firing and hiring practices
- Employee classification or assignments
- Compensation
- Testing on the job
- Employment ads and recruitment
- Transfers, layoffs, promotions, or recalls
- The use of facilities in the workplace
- Employee training practices or apprenticeships
- Employee leave, benefits, and retirement policies
- Other employment terms and conditions
Therefore, the EEOC uses Title VII to form its guidelines for preventing sexual harassment in the workplace. California also requires employers to provide information to employees to reduce problems with sexual harassment. However, even with these policies in place, it does not keep harassment from happening.
Examples of Sexual Harassment
That is why you need to consult with a sexual harassment lawyer about your specific case. Get acquainted with what the EEOC says about harassment. Sexual harassment occurs anytime the following activities take place:
- The harasser requests a favor sexual in nature, expressed or implied, as a condition for employment.
- The harasser responds to the employee’s reaction to his harassment for making employment decisions
- The harassment negatively affects the employe, disrupting his or her ability to work
- The harassment of another employee negatively affects the worker (he or she does not have to be a direct victim of the behavior)
You do not have to lose your job or experience a salary cut to file a complaint about harassment. This is important to know, as you may have a claim and don’t know it.
Defining the Harasser
A sexual harasser in the workplace does not have to be your supervisor. He can also supervise another department or work in the same job as you. Harassers may also work in another division in the company or visit the workplace as a vendor or clients. Victims of harassment may either be of the same sex or the opposite sex. Therefore, the harasser can be a woman or a man.
The harasser, therefore, does not have to find you sexually desirable. They may make your workday difficult by making rude or offensive comments, not allowing you to pass in the hall, or telling inappropriate jokes.
The Awarding of Damages
What you receive for filing a sexual harassment claim depends on the facts surrounding your case and the extent of the sexual bullying. Claimants may receive front pay and compensatory and punitive damages.
Front Pay Rewards
In some cases, where an employee may find reinstatement of their job impossible, they may request front pay from the court. The compensation is awarded from the date of judgment to a specified future date. Front pay covers the income lost because of the harassment.
The Reward of Compensatory Damages
You may also receive compensatory damages that cover pain and suffering (emotional distress from the harassment) or out-of-pocket costs paid for searching for another job or for receiving medical or psychological care.
Punitive Damages and Awards
Courts may also award punitive damages if the employer was obviously negligent. For example, if the Human Resources department knew about the illegal harassment and did not respond to the activity, the court may punish the employer for the oversight.
Who to Call in Los Angeles about a Sexual Harassment Claim
To receive further guidance in Los Angeles, contact a sexual harassment lawyer who is well versed in workplace discrimination law. Your go-to attorney in LA is Jance M. Weberman, a Professional Law Corporation. Call the firm directly at (213) 386-9100 now.