An employer cannot use their position of power or authority to sexually harass and assault their employees. Sexual harassment violates both state and federal law. Unfortunately, every day we see news reports about another high-profile sexual harassment case where victims are being mistreated or unheard. Victims of sexual harassment rarely feel comfortable bringing their claims forward due to fear of retaliation, embarrassment, or lack of support. In short, they don’t have an advocate on their side. This is why many sexual harassment claims go unreported in California and across the United States each year. But our sexual harassment lawyers in San Diego hope to change that. If you have been a victim of sexual harassment, we are here to fight aggressively on your behalf to make sure the perpetrators are held accountable for their actions.
The California Fair Employment and Housing Act (FEHA) outlines several categories of harassment based on sex. If your employer harasses you based on your gender, sex, pregnancy, childbirth, and other medical conditions, you can be protected by FEHA. FEHA goes on to further define sexual harassment:
In California, the employee who committed the harassment is personally liable for the victim’s damages regardless if the employer knew or should have known about the harassment. While our sexual harassment attorneys will always pursue damages against the employee who committed the harassment, the employee may often be “judgment proof” or simply lacking financial resources to compensate the victim for their damages. Because of this common occurrence, our sexual harassment lawyers make sure that they include in any lawsuit all individuals and entities responsible, in whole or in part, for the harassment.
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An employer will be heldstrictly liable if the harassment of the victim was perpetrated by either a supervisor or by the employer himself/herself. This means that the employer is liable for the victim’s damages regardless if the employer knows or should have known about the harassment and regardless if they took corrective action. Time and time again we have seen how the position of power a supervisor or employer exerts over their employees makes these types of claims relatively common and even more egregious.
Lastly, the employer is liable for damages stemming from sexual harassment when the employer knew or should have known about the harassing behavior but failed to take the appropriate steps or corrective actions to remedy the problem.
Before a victim is allowed to bring a lawsuit for sexual harassment, they must first file a complaint with the California Department of Fair Housing and Employment (DFEH). This administrative complaint allows the DFEH to conduct an investigation into the claim to decide if they are going to take action against the employer. If the DFEH decides not to bring a civil action within 150 days of your filing of the complaint, then you can request a “right-to-sue” notice. Once you obtain this “right-to-sue” notice, you then have the right to file an independent lawsuit in court.
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Victims of sexual harassment may pursue variety of damages as part of their lawsuit, including monetary damages to compensate them for their losses. Moreover, if the victim prevails in their lawsuit against the employer, they may also be entitled to the following remedies:
In rare instances, you may also be entitled to punitive damages against the employer. In order to obtain punitive damages, you must prove by clear and convincing evidence that the conduct amounted to malice, oppression, or fraud.
Understanding your rights is empowering. You have the right to be free from sexual harassment in the workplace; no one should have to endure sexual harassment. To that end, you should obtain a copy of your employer’s sexual harassment policy so that you know the proper process and procedure to address the issue. In general, you will want to file a claim to the appropriate person within the company, usually a representative in Human Resources. If your complaint is not addressed, you may also want to consider filing a claim with the California Department of Fair Housing and Employment.
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Most importantly, you should reach out to a knowledgeable and experienced sexual harassment attorney in San Diego for advice on how to move forward with your claim. Even after bravely coming forward with your claim, you should expect a vigorous response and defense by the harasser. With an experienced sexual harassment attorney fighting for you on your side, you can rest assured that your rights will be protected and that the harasser will be held accountable for his/her actions.
When it comes to sex offenses, prosecutors do not negotiate these types of cases the same way he or she would with other offenses. Prosecutors will give little room when negotiating sex offenses and they will push the defendant to plead guilty. The prosecution will usually offer a plea deal that includes less jail or prison time but will include mandatory lifetime registration as a sex offender. You need to have an experienced sexual harassment attorney that has experience dealing with sex cases that can help you fight against the prosecution’s accusations. Here are some of the most common types of sex crimes that a person may face:
Unfortunately, sex crime accusations can arise because a spouse, friend, etc., is motivated by another malicious agenda. Sex crime accusations frequently appear after a divorce, a break-up, or child custody dispute. The skilled trial and sexual assault attorneys at HHJ have seen a number of unreliable sources accusing defendants of sex crimes. These cases often lack physical evidence or are brought forward years after the incident allegedly took place. A prosecutor’s overzealous actions can force an innocent person to plead guilty because of the inexperience of the defendant’s attorney. Please make sure that you have a skilled and experienced sex crimes trial attorney that can aggressively protect your rights and reputation before you have to face unwarranted consequences.
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Sex crime offenses can be charged either as a misdemeanor or a felony offense. Either way, if you are convicted of a sex offense, your personal and professional life will change forever because you will have a sex offense conviction that can stay on your record forever. Sex offenses are more difficult to expunge than other offenses. Depending on the charge, you could face the following potential consequences:
The attorneys at HHJ are ready and available to help you with your case. We answer our phones and email 24/7. Call now!The San Diego sexual harassment lawyers at Melmed Law Group P.C. offer a free consultation for victims of sexual harassment in San Diego and throughout San Diego County. If we do not recover for you, we do not charge you any fees. Our law firm represents clients on contingency, which means that you will not need to pay any costs upfront, and our fee is a percentage of what we recover for you. If we do not recover anything, then will not charge you.
Every worker has the right to a workplace free from intimidation and fear but fortunately, this is not the case for some employees in San Diego. Our sexual harassment lawyers at our firm understand that sexual harassment in the workplace is a traumatic experience and that you may not feel comfortable discussing it. We take a sensitive approach and guide our clients through each step of the legal process answering any questions that they have to ease them during their time of distress.
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The harassment attorneys at Melmed Law Group P.C. have significant experience litigating sexual harassment claims, and we don’t just fight for our clients in San Diego, we’re here to help them heal and move forward.
We fight on a contingency plan and offer a free 15-minute consultation with a sexual harassment lawyer serving San Diego to help you evaluate your options, and determine the best plan of action for you.
First, if you think you’re a victim of sexual harassment, review your company’s sexual harassment policy to understand the company’s policies and procedures for reporting an issue. Your complaint to your human resources department should be in writing. Maintain records of each incident of harassment with the date and time and the individuals who were a part of the incident or who witnessed it. Save any emails, memos, or other supporting documentation.
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Next, go through your employer’s process to report the harassment (if there is such a policy). Note that sometimes, if you don’t report the conduct in any way, it may affect your ability to move forward and make a claim against your employer. If that’s the case, you can also use your company’s supervisors and coworkers who can be found personally liable for their harassment.
If you believe that you’re experiencing illegal harassment at your job and want to seek compensation for your injuries, contact the San Diego sexual harassment lawyers at Melmed Law Group P.C.
Our knowledgeable sexual harassment attorneys can answer your questions and determine how to proceed in San Diego County. In many cases, the next step is to file a complaint with the appropriate state or federal agency.
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The California Department of Fair Employment and Housing (DFEH) is the state agency responsible for protecting
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