San Francisco Sexual Harassment Lawyer

Aside from giving advances for sexual favors, quid pro quo sexual harassment can result in penalties for refusal of sexual advances.

For instance, your employer asks you for a sexual favor, He offers you additional time off to be used as you desire. You refuse to give into his requests. As a result, he denies you requests for vacation or personal time over the next few months.

This type of behavior is known as retaliation for the refusal to give into sexual advances.

Sexual harassment in San Francisco affects employees and job applicants in any company. The company can include one other person or hundreds of people. It can target men, women, or non-binary individuals in the workplace. Sexual harassment in the workplace does not discriminate. It can occur against people, despite their race, color, religion, age, gender, sex, sexual orientation, gender identity, disabilities, national origin, or other identifying characteristic.

It can also affect people who have worked for a company for a few hours, has applied to the company, or has worked with the company for many years. However, you have a right to fight sexual harassment in the workplace, no matter how you are affected by it.

If you are the victim of sexual harassment in the San Francisco workplace, you have the right to work with an experienced sexual harassment lawyer. Your sexual harassment attorney in San Francisco will advocate for your rights and ensure you get the justice you deserve.

You have a right to report sexual harassment claims in your San Francisco workplace. However, you may choose to try to stop the behavior by confronting your harasser before filing a complaint. You have the right to ask your harasser to stop their behavior. However, if they refuse to stop their behavior, you may wish to file a complaint with your employer, HR director, or Union representative.

Before you file your complaint, make sure you document everything that occurred up to the point of filing a complaint. Include what happened, when it happened, who was involved, who witnessed the sexual harassment, and the results of your confrontation with your harasser.

When you file your complaint with your employer, document how it was delivered, when it was delivered, and who accepted the delivery. You can also document the results of your filing with your employer, as you may need that information when speaking with a sexual harassment lawyer San Francisco.

Once you have tried to handle the sexual harassment on your own and with your employer, you have the right to contact a qualified San Francisco sexual harassment attorney and proceed with a sexual harassment lawsuit against your employer. Make sure you provide your sexual harassment lawyer with the details of the claim as well as the results of the complaint you filed with your employer.

Sexual harassment in San Francisco can occur in person as well as online. Online sexual harassment occurs when employees or job applicants face issues such as cyber-stalking, requests for sexual favors online, and other sexual advances online.

Online sexual harassment also includes sexual bullying, cyberstalking, taking unauthorized videos of others, revenge porn, and more. Sometimes sexual harassment is direct. Direct sexual harassment means that you are in direct receipt of the attempts at sexual harassment by your employers, boss, or coworkers.

It can occur as direct or indirect sexual harassment. Direct sexual harassment occurs when you are the intended victim of sexual harassment and you receive sexually harassing photos, comments, sexual advances, or become the victim of other acts of online sexual harassment directed at you.

Indirect sexual harassment can also occur in the workplace in San Francisco. Indirect sexual harassment is also known as revenge porn. For instance, you are the intended target of the sexual harassment, however, you do not receive any direct sexual advances, requests for favors, or sexually explicit images. Instead, others receive sexually explicit images, messages, and advances referencing you.

Federal and state laws prohibit all forms of sexual harassment. Therefore, they prohibit all forms of online sexual harassment in the workplace.

When you are the victim of online sexual harassment, you can save evidence of such attacks by taking screenshots of emails, videos, text messages, and social media communications. You can use this evidence to help you file a claim for online sexual harassment in the workplace.

Your sexual harassment lawyer in San Francisco can help you use your evidence to report your claim for online sexual harassment at work. They can protect your rights and help you file a claim against your employer for allowing such acts within the workplace. The sexual harassment lawyers at the San Francisco office of the Derek Smith Law Group can help you fight for the justice against online sexual harassment you deserve.

Retaliation occurs when your employer attempts to punish you for seeking justice against sexual harassment at work. Retaliation against sexual harassment claims violate San Francisco sexual harassment laws. Whether your employer demotes you, fires you from work, cuts your hours, or otherwise punishes you for filing a sexual harassment claim with your HR department, union representative, or the court, they are violating the law.

Federal and California state laws expressly prohibit retaliation in the workplace. The idea is that retaliation will prevent others from standing up for their rights against workplace sexual harassment. The laws do not want employees to fear retaliation instead of filing a sexual harassment claim against their employer.

The dedicated sexual harassment lawyers of the Derek Smith Law Group in San Francisco can help you fight against retaliation and wrongful termination relating to your claim of sexual harassment. Your sexual harassment lawyers can help you advocate for your rights and get the justice you deserve.

Sexual harassment in the San Francisco workplace can occur in many ways. Below are a few examples of sexual harassment in San Francisco.

• Your boss tells you that you can get a corner office if you agree to sleep with him.
• You manager sets a new policy that men cannot post pictures of their girlfriends or wives at their workstation because they must appear single for the client base.
• Your CEO insists women wear skirts. They are not allowed to wear pants of any kind.
• A customer continues to grab your backside every time you pass by her table. You ask her to stop. She complains to your manager that you are not providing good service to her and her friends.
• Your supervisor promises you extra time off for an extended holiday weekend if you agree to go on a date with her.
• Your coworker sexually assaults you.
• A company vendor is invited to the company holiday party. He rapes you at the party.
• Your coworker will not stop asking you on dates.
• Your boss sends emails of sexist jokes and memes to everyone in the office. You ask them to stop, and they do not.
• During a job interview, the interviewer places his hand on your thigh and proceeds to caress your thigh even after you ask them to stop. You abruptly leave the interview and do not get the job.

Sexual harassment claims can run rampant in San Francisco workplaces. Even though San Francisco may appear to be a perfect place to live and raise your family, with its almost perfect climate and cultural significance, it is not immune to sexual harassment against employees and job applicants at work. The examples above highlight only a few ways in which sexual harassment can occur in the San Francisco workplace.

San Francisco is home to many tourist attractions, amazing history, and outstanding culture. However, with all these amazing locations, sexual harassment can occur easily. California laws prohibits sexual harassment in public places and schools. You can feel safe visiting the Golden Gate Bridge, Alcatraz Island, the San Francisco-Oakland Bay Bridge, Chinatown, Fisherman’s Wharf, the Ferry Building Marketplace, Golden Gate Park, Coit Tower, Palace of Fine Arts, the Swedish American Hall, Twin Peaks Tavern, the San Francisco Bay, the San Francisco Museum of Modern Art, the San Francisco Opera, and Ghirardelli Square, to name a few attractions, without the fear of sexual harassment without rights to justice.

California has its own state law that protects individuals from sexual harassment in public places. The Unruh Civil Rights Act protects individuals from sexual harassment and sex discrimination in public places and housing.

The law protects individuals from sexual harassment in any of the following places:

• Hotels
• Retail establishments
• Medical Offices
• Theaters
• Museums
• Stadiums
• Salons

Under the state law, victims of sexual harassment in public spaces or housing must file an initial complaint with the Department of fair Employment and Housing (DFEH) first. Then they may file a claim in state court.

Under the Federal Law, Title IX of the Education Amendment of 1972, individuals have the right to expect protection from sexual harassment in schools and on educational campuses. The law protects individuals in any school that receives federal funding. These schools include private schools, universities, colleges, parochial schools, and public schools.

Federal and state laws protect employees from sexual harassment in the San Francisco workplace. Under Title VII of the Civil Rights Act, employees in companies with 15 or more employees have the right to seek justice against sexual harassment in the workplace. However, state laws may provide more protection for employees, especially if they work in smaller companies.

For employees working in companies with as few as five employees, the Fair Employment and Housing Act (FEHA) can help them receive justice for sexual harassment at work. FEHA is the California employment law that protects San Francisco employees from sexual harassment and other forms of sex and gender discrimination in the workplace.

The dedicated sexual harassment lawyers at the Derek Smith Law Group in San Francisco can work with you to determent the law best suited for your claim.

San Francisco employers must provide specified training to employees and supervisors as per the California Fair Employment and Housing Act. Under the law, employers must train their employees regarding sexual harassment. The law provides the following provisions for San Francisco companies with five or more employees.

1. Managers must complete at least two hours of classroom or interactive classroom training within the first six months on the job. They must repeat this training every two years.
2. All non-supervisor employees must complete at least one hour of approved sexual harassment training within the first six months on the job. They must repeat this training once every two years.

Employers refusing to provide this training are violating the law. As a result, you have the right to file a complaint with the DFEH to hold your employer accountable and force them to provide the required sexual harassment training.

Not all forms of sexual harassment are criminal offenses. However, if the acts of sexual harassment harm your physical body or physical well-being, you may have a claim for criminal sexual conduct.

Rape and sexual assault are the two most common forms of criminal sexual conduct. However, cyber-stalking, stalking, and revenge porn can also be a form of sexual harassment that results in criminal sexual conduct. Criminal sexual conduct occurs in instances of rape and sexual assault. If you experience any of these actions, you have a right to file a police report and file a charge for criminal sexual conduct.

When you press criminal charges against your attacker, you are not a party to the case. Instead, you are a witness to the criminal acts. Your case will not provide significant monetary justice. However, you will help ensure your attacker cannot attack another person.

As opposed to a criminal claim, filing a civil lawsuit against your employer for sexual harassment, rape, and sexual assault, allow you to receive financial justice against your employer. The goal is to help you make yourself whole again. You are an active participant in the lawsuit as opposed to a witness to a crime.

Keep in mind that you do not need to file or win your criminal case to file a civil lawsuit against your employer.

The compassionate sexual harassment lawyers at the Derek Smith Law Group in San Francisco can help you hold your employer accountable if you are the victim of criminal sexual conduct in the workplace. They will help you file your civil lawsuit against your employer and hold them accountable.

Federal and state laws provide different time limits, or statutes of limitations, to file your sexual harassment claim against your employer. Under federal law, California employees have 300 days to file a charge with the EEOC. Once the EEOC issues a Right to Sue letter, employees have 90 days to file a complaint in federal court.

The FEHA provides sexual harassment victims three years to file a claim with the DFEH. However, you do not need to wait for the DFEH to complete its investigation. You can contact them to get the right to sue letter immediately, giving you an opportunity to immediately file your case with California state courts.

The experienced employment discrimination and sexual harassment lawyers at the Derek Smith Law Group can help you file your claim against your employer within the proper time limit and with the proper agency. As a result, you can ensure your case will have its day in court.

An experienced San Francisco sexual harassment lawyer will attempt to negotiate a settlement with your employer the moment you agree to file a lawsuit. Sometimes, employers will settle a case quickly to avoid the expense of hiring a lawyer and the publicity of fighting a sexual harassment claim. However, if your employer refuses to settle on the first attempt, your sexual harassment lawyer in San Francisco will attempt again after they file the complaint with the proper organization.

Depending on your employer’s willingness to negotiate a fair settlement, your case may end in as little as six to nine months. However, if your employer insists on going through the litigation process, you may have to go to trial, or prepare to go to trial.

As a result, you case may take years until the courts enter a final decision. The best way to ensure your case concludes sooner, rather than later is to work with a dedicated sexual harassment lawyer in San Francisco. Your attorney will aggressively advocate your rights the moment you become a client. They will work to settle your claim as soon as possible to help you move on from the situation quickly.