San Francisco Sexual Harassment Lawyers
Experienced & Dedicated Representation
At Polaris Law Group, we have a reputation for being fierce advocates for the rights of employees. We know how difficult it can be to come forward with a sexual harassment complaint, and we understand the many fears and concerns that employees often have about their jobs and their futures. Our San Francisco sexual harassment lawyers are here to help you navigate the legal process and fight for the justice you deserve.
Call (888) 796-4010 or contact us online to request a confidential consultation with our team.
What is Sexual Harassment?
Sexual harassment is a form of sex discrimination that is strictly prohibited by both state and federal law. When an employee is subjected to unwelcome sexual advances, requests for sexual favors, or other verbal, physical, or visual conduct of a sexual nature, this is considered sexual harassment.
There are two primary types of sexual harassment:
- Quid pro quo — This type of sexual harassment involves a supervisor or employer demanding sexual favors in exchange for a job benefit or threatening adverse employment action if the employee does not comply.
- Hostile work environment — This type of sexual harassment involves unwelcome conduct of a sexual nature that is so severe or pervasive that it creates an intimidating, hostile, or offensive work environment for the victim. This can include anything from inappropriate jokes and comments to sexually explicit images or videos, lewd gestures, offensive language, and more.
Sexual harassment can occur in any type of workplace, including offices, retail establishments, restaurants, construction sites, and more. It can be perpetrated by supervisors, managers, co-workers, customers, clients, and others. Regardless of the specific circumstances, it is important to remember that you have rights and that you are protected by the law.
What Are My Rights as a Victim of Sexual Harassment?
California law provides several protections for employees who are victims of sexual harassment. If you have been subjected to sexual harassment in the workplace, you have the right to:
- Report the harassment to your employer without fear of retaliation
- Have your employer conduct a fair and impartial investigation into your complaint
- Be free from retaliation for reporting sexual harassment
- Take legal action against your employer for failing to take appropriate action to stop the harassment, including filing a civil lawsuit and seeking monetary damages
In addition to the above, California law requires employers with 50 or more employees to provide sexual harassment prevention training to supervisory employees at least once every two years. This training must be provided within six months of the employee assuming the supervisory role and must cover a wide range of topics. Employers who fail to provide this training can be held liable in the event that a supervisory employee sexually harasses a subordinate.
How to Report Sexual Harassment in San Francisco
If you are the victim of sexual harassment in San Francisco, it is important that you take certain steps to protect yourself and your rights. The first thing you should do is report the harassment to your employer.
Here are some tips for reporting sexual harassment at work:
- Make your complaint in writing and keep a copy for your records
- Be as specific as possible when describing the harassment
- Include the dates and times of any incidents
- Identify any witnesses who can support your claim
- Submit your complaint to someone in a supervisory role who is not involved in the harassment
- Submit your complaint to your employer’s human resources department, if one exists
- Make sure that your employer investigates your complaint
- Cooperate with your employer’s investigation
- Keep detailed notes of any discussions you have with your employer or its representatives during the investigation
- Follow up with your employer to find out the results of the investigation
Under California law, your employer has a legal obligation to conduct a fair, thorough, and impartial investigation into your complaint. If your employer fails to take appropriate action to stop the harassment, you may be able to take legal action against your employer.
How Can Employers Prevent Sexual Harassment?
In addition to investigating and taking appropriate action to stop sexual harassment when it occurs, employers have a legal obligation to take steps to prevent harassment from happening in the first place. This includes providing sexual harassment prevention training to supervisory employees and maintaining effective sexual harassment policies.
California law requires employers to develop and maintain written sexual harassment policies. These policies must:
- Clearly explain what constitutes sexual harassment, including examples of inappropriate behavior
- Inform employees that they have the right to report sexual harassment without retaliation
- Explain how employees can report sexual harassment
- Explain how employers will investigate complaints of sexual harassment
- Inform employees that they have the right to report sexual harassment to the California Department of Fair Employment and Housing (DFEH) and the U.S. Equal Employment Opportunity Commission (EEOC)
- Inform employees that they are protected from retaliation for reporting sexual harassment
- Inform supervisors and managers that they are required to report any complaints of sexual harassment to the appropriate person within the organization
Employers who fail to develop and maintain effective sexual harassment policies can be held liable in the event that an employee is sexually harassed in the workplace.
How Our Firm Can Help
If you have been the victim of sexual harassment, you may be entitled to compensation for your damages. This may include lost wages, lost benefits, emotional distress, and more. Our San Francisco sexual harassment attorneys can help you file a claim with the appropriate agency and, if necessary, fight for you in court. We are prepared to aggressively advocate for your rights every step of the way.
Call us at (888) 796-4010 or submit an online request form to get started.