Compassionate Sexual Harassment Representation

Sexual harassment can involve overt forms of behavior such as pinching, unwanted touching or sexually suggestive comments. It can also be subtle, involving salacious jokes or remarks implying the possibility of a promotion in exchange for sexual favors. In many cases, the tone or nature of a work environment plays an important role in analyzing cases of sexual harassment.

At the law office of Shanberg Stafford LLP, our sexual harassment attorneys counsel and represent clients in California, Washington, Colorado and across the country. We have the investigative knowledge and resources needed to recreate what happened by recovering and reviewing emails, memos, hiring and firing patterns and eyewitness testimony.

The Importance Of Sexual Harassment Policies And Procedures

It’s important to determine what policies and procedures regarding sexual harassment were in place and if they were followed. Did an employee report comments or behavior that made him or her uncomfortable to their supervisor? Did the employee go to their human resources department? If so, was there a record made of the report? Were employees disciplined or talked to afterward? The existence of a paper trail and any follow-up is essential in determining if any actual harassment took place, if it was addressed or if it was concealed.

Understanding Liability For Retaliation

Retaliation and allegations of a hostile work environment often go hand in hand in sexual harassment cases. Again, the issue is whether or not a pattern emerges in how an employee was treated.

After making complaints regarding sexual harassment, was the employee given an inordinate amount of extra work? Required to adjust their work schedule? Denied a promotion? Put on a “performance improvement plan”? Or was an employee fired? The answer to these questions and any evidence one way or the other will often determine whether or not a charge of retaliation can be supported in sexual harassment cases.

Recognizing Sexual Harassment And Documenting Your Claim

Unwelcome sexual advances or sex-based behavior may constitute sexual harassment if it is severe or pervasive. It must be to the point that it alters the conditions of your employment and creates a hostile work environment. An act can also be considered sexual harassment if it involves a “quid pro quo” offer, which is when a person in a higher position demands sexual favors for job benefits.

Sexual harassment can take many forms, such as:

• Unwanted physical contact, such as pinching or blocking your path
• Sexual comments, repeated requests for dates or questions about your body
• Lewd jokes, explicit images or videos shown at work
• Threats or promises tied to job benefits in exchange for sexual favors
• Same-sex harassment and harassment based on gender identity
• After-hours messages and online conduct that spill into the workplace

If you experienced any of the above, documenting what happened is key. Note who, what, when, where and any witnesses. Save all evidence in a secure place you control, not on a work computer. This can include emails, texts, chats and photos. However, be careful about recording conversations. States such as California and Washington have “two-party consent” laws, which often require permission from all parties.

Your Options For Reporting Harassment

There are three ways you can report sexual harassment at the workplace:

• Reporting internally: You can start by reporting the conduct to your employer in writing, following the policy in your handbook. This can offer a chance for a fast resolution. However, it may provide limited leverage if the company responds poorly.
• Reporting to a government agency: You can file a charge with the Equal Employment Opportunity Commission (EEOC), or state-specific agencies such as the California Civil Rights Department (CRD) or the Washington State Human Rights Commission. You can file this at any time after the harassment occurs, regardless of whether you have also reported it internally. However, take note that there are strict deadlines for filing.
• Filing a lawsuit: If the agency you filed with issues a “right-to-sue” notice, you can pursue a lawsuit. This allows for a formal discovery process, where both sides can gather evidence and pursue the full range of legal remedies.

For federal claims and California state claims, “administrative exhaustion” or filing with the appropriate agency is a necessary step before you can file a lawsuit. However, under Washington state law, you do not need to file a report with a government agency before doing so.

As your legal counsel, our attorneys at Shanberg Stafford LLP, will help you choose the route that fits your timeline and situation, as well as any privacy concerns and career goals you may have.

Know Your Protections Against Retaliation

Federal and state laws provide strong protections for employees who report harassment. You have a legal right to oppose or report harassment in good faith without fear of punishment. The law forbids any form of employer retaliation.

While getting fired is an obvious form of retaliation, many instances are more subtle. Retaliation can also include:

• Demotions, pay cuts or being passed over for promotion
• Loss of shifts, overtime or desirable assignments
• Schedule changes that interfere with your family or school needs
• Sudden, unfair performance reviews or a surprise “performance improvement plan”
• A transfer to a less desirable role or location
• Isolation from your team, intimidation or increased scrutiny

If you faced any of the above, consider discussing your situation with an attorney. Our lawyers can assess the situation and help you take steps to stop the retaliatory conduct. We can add a distinct retaliation claim to your case, which allows you to pursue separate damages and relief for this new harm.

Potential Resolutions For Your Harassment Claim

While no attorney can guarantee a specific result, our attorneys can help you pursue monetary relief, which may include:

• Back pay for lost wages and benefits
• “Front pay,” if returning to your job is not a practical option
• Compensation for emotional distress
• Punitive damages, in cases where the law allows

Our lawyers can also help you pursue nonmonetary remedies. These can include demanding that the company update its policies and provide meaningful training for managers and staff. We can also work to clear unfair write-ups from your file or seek a transfer away from the harasser.

If you choose to leave, we can negotiate a separation agreement. This may include severance pay, continued health coverage for a set time and a neutral reference for future career opportunities. Our lawyers work to align the legal strategy with what matters most to you.

Contact Us Today To Learn More About How We Can Help You

We understand the law and how to establish whether or not sexual harassment took place. In some of our cases, the CRD, as well as the EEOC, have been involved. To schedule an appointment and learn how we can help, contact the Newport Beach law office of Shanberg Stafford LLP, today at 866-902-0497 or contact us by email.