If you believe that you have experienced sexual harassment in the San Francisco workplace, Brandon Banks Law will fight to protect you every step of the way. Workplace sexual harassment should never happen under any circumstances.
At Brandon Banks Law, APC, our San Francisco employment lawyers understand how alone and confused you may be feeling if you are facing sexual harassment in the workplace or lost your job as a result of it. Every worker deserves to be treated fairly and be protected from this type of harassment.
If you have experienced sexual harassment in the workplace, contact us today to schedule an initial consultation. You can also fill out our intake form that will collect information regarding your claim. We can determine how to best serve you following these initial steps.
Do I Need an Attorney for a Sexual Harassment Claim?
Though you can speak with human resources and move forward with a sexual harassment claim on your own, it is highly suggested that you speak with an attorney regarding your options. Especially if you have been terminated from your job due to retaliation for reporting sexual harassment, a resourceful attorney will be able to help you file your initial claim.
Luckily, there are many laws in place in California that protect employees from sexual harassment in the workplace. The help of a knowledgeable attorney can ensure that your rights are being protected every step of the way. At Brandon Banks Law, we can also help you expedite the process so that you can receive results more quickly and efficiently.
We will work one-on-one with you to help you gather evidence that you can use to prove your case, as well as speak with witnesses who may have experienced the harassment firsthand. We may also discover that other events of sexual harassment have occurred in the workplace previously. You may have limited time to file your claim in San Francisco, which is why we will assist you in meeting deadlines along the way.
How is Sexual Harassment Defined in the San Francisco Workplace?
Sexual harassment in the workplace is a type of sex discrimination. This type of harassment violates many laws in California such as California’s Fair Employment and Housing Act. It is entirely illegal for any worker or employer to engage in. Sexual harassment takes on many forms, some of which include the following:
- Sexual advances toward a worker
- Threats or unwanted touching
- Sexual gestures
- Requesting sexual favors from employees
- Comments made regarding gender stereotypes
- Showing a worker sexually themed pictures or jokes
Sexual harassment can take on forms both physical and verbal. The U.S. Supreme Court has stated that it is against the law for a workplace to become hostile based on your sex, which includes sexually hostile work environments. To prove a sexual harassment claim, you will work with your attorney to show that the harassment was based on your sex or sexual advances.
California Workplace Sexual Harassment Laws and Departments
California has several laws and departments responsible for assisting and protecting those who have experienced sexual harassment in the workplace.
California Civil Rights Department (CRD): This state agency is in charge of protecting those in California who have been discriminated against in the workplace or experienced any form of harassment. When you believe that your civil rights have been violated in any way, the CRD will pursue damages on your behalf.
California’s Fair Employment and Housing Act (FEHA): FEHA bars discrimination, harassment, and retaliation in the workplace provided your workplace has five or more employees. If you have experienced sexual harassment or lost your job due to reporting the harassment, you are offered protections under this law.
Federal Equal Employment Opportunity Commission (EEOC): The EEOC enforces workplace antidiscrimination laws on a federal level. They protect those who have experienced harassment in the workplace.
Title VII of the Civil Rights Act of 1964: Title VII prohibits any type of discrimination based on an employee or applicant’s race, color, religion, national origin, or sex. This includes sexual harassment, which falls under unwelcome sexual advances, sexual favor requests in the workplace, and more.
Stop Harassment and Reporting Extension (SHARE): This law, also known as AB 9, was signed into legislation in 2019 in California. Under the law, a victim’s right to file a FEHA complaint due to sexual harassment has been extended from one year to three years.
What Steps Should I Take if I Experienced Workplace Sexual Harassment?
At Brandon Banks Law, we want you to know that you have our full support if you decide to come forward about sexual harassment in the workplace. If you have experienced this form of harassment, there are some steps that you can take to protect yourself and your rights as we work with you to receive results:
- Read your workplace’s sexual harassment policies and take appropriate action, which could include putting your complaints in writing. Take notes regarding who was involved or may have witnessed the harassment and any notes related to your company’s previous experiences with sexual harassment.
- Inform your employer or human resources about the incident and timeline. Reporting the conduct is sometimes one of the next steps toward your ability to pursue remedies against the company, whether you have been terminated or not.
- File a complaint with a state or federal agency that handles these cases. These include filing a complaint with either the California Civil Rights Department (CRD) or Federal Equal Employment Opportunity Commission (EEOC).
- Report any incidents of sexual assault to the local police and seek assistance from your healthcare provider.
At Brandon Banks Law in San Francisco, our employment lawyers understand that sexual harassment in the workplace can be traumatizing and confusing. With our assistance and that of other related organizations and departments, you can return to a life of feeling safe and protected as we handle your claim. To make sure that your claim is moving toward the resolution that is best for you, we are here to assist you.
How Much is a Sexual Harassment Case Worth in San Francisco?
It is not always possible to determine the exact amount you could receive in damages as you move forward with a sexual harassment claim. However, working with an attorney can give you insight into what you can expect. We will examine the overall strength of your claim and gather evidence to help you prove your claim. Here are some of the damages that may be available for you in the midst of one of these claims:
- Pain and Suffering: If you suffered mental or emotional distress due to sexual harassment on the job, you may be eligible for these benefits.
- Back Pay: If you were terminated after you reported sexual harassment in the workplace, you could be rewarded back pay damages.
- Front Pay: Front pay damages cover earnings that you could lose in the future due to losing your job. You could be awarded these damages until you find new work.
- Loss of Benefits: You could receive the value of certain benefits that you have lost due to job termination, such as 401k plans or health insurance coverage.
- Punitive Damages: Punitive damages are meant to punish a plaintiff for their negligent behavior and deter others from engaging in sexual harassment in the workplace. The jury will determine how much is fair to you.
Contact a San Francisco Sexual Harassment Lawyer Today
Facing sexual harassment in the workplace is traumatic and can affect your daily life in many ways. If you have lost your job due to retaliation after reporting sexual harassment, you have options as well. At Brandon Banks Law, APC, we offer you representation and resources that you can rely on as you move forward with a San Francisco sexual harassment claim. You deserve protections in the work community during this difficult time. Please complete our Employment Intake Form today so that we can get started on working with you on your case.
