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At Derek Smith Law Group, we represent employees facing sexual harassment and retaliation, including those who are still employed by the employer. Our team brings more than 30 years of combined experience to this work, with personal attention to how harassment affects your income, health, and career.
An Arts District sexual harassment lawyer from our firm can explain your options under California and federal law. Contact us for a free consultation to discuss what happened and what you can do next.
Sexual harassment can include repeated comments about your body, sexual jokes, explicit messages, unwanted touching, groping, or pressure tied to job benefits. The conduct may be immediately recognizable, or it may build over time. Physical contact is not required for a claim.
For a hostile work environment claim, unwelcome conduct based on sex must be severe or pervasive enough to create an abusive working environment. A single severe incident can support a claim, as can a pattern of less severe conduct. Quid pro quo harassment involves conditioning employment benefits on submission to unwelcome sexual conduct.
You do not need proof of a physical assault before speaking with us. If you feel pressured, humiliated, or unsafe at work, we can review the conduct and explain whether it may violate the law.
Our sexual harassment lawyers serving the Arts District represent employees facing misconduct by supervisors, coworkers, and people outside their employer’s staff. We handle the following types of claims:
California’s Fair Employment and Housing Act (FEHA) prohibits workplace harassment based on sex, gender, gender identity, gender expression, sexual orientation, pregnancy, and related protected characteristics. Its harassment protections generally cover workplaces with at least one employee, as well as certain non-employees, including contractors and unpaid interns.
Title VII of the Civil Rights Act of 1964 provides federal protection against sex-based workplace harassment and generally applies to employers with at least 15 employees. Our Arts District sexual harassment attorneys can determine which laws apply to your employment and claims.
You have legal protection when you report harassment in good faith, participate in a protected investigation, or support another employee’s complaint. Retaliation may include reduced hours, demotion, unjustified discipline, or termination for exercising those rights. We examine changes in your treatment and the employer’s explanations.
Before suing under FEHA or Title VII, you generally must complete the applicable administrative filing process and obtain a right-to-sue notice. For California harassment claims, the CRD filing period is generally three years. For federal sex-discrimination claims in California, the EEOC deadline is generally 300 days.
Different rules can apply, including shorter initial deadlines for federal employees. Separate lawsuit deadlines also apply after a right-to-sue notice. Contact us early so we can identify the dates that apply to you. An internal workplace complaint generally does not pause the agency filing deadline.
What you do next can affect your well-being and your legal claim. If you can do so safely, preserve any evidence you lawfully possess and keep it somewhere secure. Avoid accessing records you are not authorized to obtain. We can advise you on how to preserve workplace communications.
Consider reporting the conduct through your employer’s complaint procedure. If the harasser is your supervisor, look for an alternative contact, such as human resources or another manager. A written report can establish what you reported and when. If you fear retaliation, speak with us about your options.
Helpful steps include:
Depending on the facts and applicable law, we may seek compensation for lost income, emotional distress, and other harms resulting from harassment or retaliation. We evaluate both the financial losses and the effect on your health and career.
Available compensation and other relief may include:
If harassment led you to resign, we can evaluate whether the conditions support a constructive discharge claim. The standard is demanding: your employer must have intentionally created or knowingly allowed conditions so intolerable that a reasonable person in your position would have felt compelled to resign.
If you were fired for reporting harassment, we also assess claims of retaliation and wrongful termination. Before resigning, consider speaking with us about how that decision could affect your claims and potential recovery.
Our team includes former sex-crimes prosecutors. Through our DSLG process, we work to move cases efficiently toward the strongest available outcome. We take a personal interest in the people we represent and the consequences they are facing.
That means listening to your account, examining the evidence, and explaining your choices clearly. Whether you want to address ongoing harassment or take action after losing your job, we will discuss your concerns and the legal options available to you.
Contact Derek Smith Law Group to arrange a free consultation with an Arts District sexual harassment attorney. Tell us what has been happening at work, how your employer responded, and what you need help addressing now.