Brandon Banks Law, APC stands up for San Francisco workers that are being harassed and discriminated against at work.
Facing gender discrimination at work can be isolating, especially when your employer does nothing to stop it. My team will fight to protect your rights and hold your employer accountable. Contact us today for a free consultation to talk about your options.
Do You Need a Lawyer?
Being harassed because of your gender can make any job unbearable, but unfortunately, this issue happens in businesses of all sizes. Worse yet, it impacts your well-being and productivity. If you’re facing harassment in your workplace based on your gender, understanding your rights and legal options is crucial.
You’re not legally required to get a lawyer, but having one in this situation can be really helpful. Here’s what we’ll do for you:
- Explain your rights and options, as well as what the path forward might look like.
- Help you gather important evidence, from text messages to work records.
- Talk with your employer (and their insurance companies) to try to reach an agreement.
- File an administrative claim or a full lawsuit if your employer decides not to fix the issue.
No matter where you work, you have a right to a workplace free of harassment and discrimination. Our team will be there to guide you through the process of fixing the issue and holding your employer accountable under the law.
How Does Gender Harassment Happen in the Workplace?
Gender harassment in the workplace can take many forms, but in California, it is broadly defined as unwelcome conduct that creates a hostile, intimidating, or offensive work environment based on gender.
This type of harassment is not just about occasional conflicts or personality clashes–it involves mistreatment specifically motivated by gender. Recognizing what constitutes gender harassment is key to understanding your legal rights. Some common forms include:
- Verbal harassment – Most of the time, gender harassment starts with derogatory comments or jokes about your gender, or using sarcasm, jokes, or making comments that reinforce gender stereotypes.
- Unequal treatment – This happens when different job opportunities, expectations, or responsibilities are given out based on your gender.
- Exclusion – Other times, you might be left out of meetings, decisions, or work events because of your gender.
- Gender bias – Small actions or comments that reinforce unfair assumptions, like assuming a woman is there to take notes instead of lead a meeting.
- Hostile behavior – If your employer uses Intimidation, aggressive criticism, or excessive scrutiny aimed at you because of your specific gender, it creates a hostile work environment.
- Unfair policies – Your employer might enforce certain workplace rules differently, like stricter dress codes or harsher discipline for certain genders.
These behaviors make the workplace feel unwelcoming and can lead to serious issues if not addressed. But more to the point, gender harassment can come from anyone in the workplace–supervisors, coworkers, clients, or vendors. At that point, it’s important to understand what you can do to help your claim.
What Should I Do If I’m Being Harassed at Work Because of My Gender?
Gender harassment creates a toxic work environment, making it harder for everyone to do their jobs. This doesn’t just hurt you–it damages the morale of the workplace itself and can impact a company’s success. And while the law protects you from this mistreatment, you need to build a case with strong evidence. So, when you think you’re experiencing harassment because of your gender, here’s what you should do:
- Document everything – Keep a record of incidents, including dates, times, locations, and people involved.
- Save any evidence – Keep emails, messages, performance reviews, or any other proof of harassment.
- Report the harassment – Crucially, you have to report the mistreatment to your employer so they know what’s going on. Follow your company’s complaint process and report to HR or a supervisor.
- Look for witnesses – If others have seen or experienced the same behavior, their statements can help.
Taking these initial steps can help protect your rights and improve the workplace for everyone. It might even fix the issue without the need for further action. Most of the time, though, it’s going to require further steps to address unlawful harassment.
What Legal Options Do You Have If You’re Experiencing Gender Harassment at Work?
Gender-based harassment is illegal in California under the Fair Employment and Housing Act (FEHA). This law applies to any workplace in San Francisco with more than five employees and protects workers from harassment and discrimination at every stage of employment–even before being hired. It also safeguards you and other employees from retaliation (like being wrongfully fired) if you report harassment or participate in an investigation. But in order to actually enforce this law, sometimes you have to take legal action. There’s a few different ways you can do this:
- Filing a Complaint with the California Civil Rights Department (CRD) – The CRD enforces workplace harassment laws in California. Filing a complaint can lead to an investigation, and if harassment is found, your employer may be forced to take corrective action. They’ll also issue a right to sue letter that will allow you to file a lawsuit.
- Filing a Complaint with the Equal Employment Opportunity Commission (EEOC) – The EEOC enforces federal anti-discrimination laws, so if you work for the federal government, they’ll handle your claim.
- Civil lawsuit – If your employer does not resolve the issue, you can take legal action in court. A lawsuit means filing a complaint in civil court, but it will give you the chance to recover “damages” for your:
- Lost wages (past and future)
- Emotional distress and mental anguish
- Damages for humiliation or loss of dignity
There’s important time limits with these claims. A CRD or EEOC complaint has to be filed within one year of the harassment or retaliation, while the civil lawsuit has to be filed within two years. Taking action can help protect your rights and create a safer workplace for everyone, but it still requires huge courage. Our team will be there to support you and guide you through the entire process.
Fighting Gender Harassment in San Francisco Workplaces.
At Brandon Banks Law, we stand up for victims of gender harassment in San Francisco. We can help you and any other employee understand their legal rights, make their way through the complaint process, and hold your employer accountable under the law. Don’t let gender harassment go unchallenged in your workplace–contact us today for a free consultation.
