San Francisco Sexual Harassment Lawyers Protecting Employees Against Workplace Sexual Harassment
Sexual harassment can occur within any San Francisco workplace at any time. It can affect anyone within the workplace, whether the victim is an employee or a job applicant. It is a form of sex and gender discrimination that targets employees and job applicants of any age, any gender, any race, any color, any religion, and any sexual orientation.
When you become the victim of sexual harassment in the San Francisco workplace, your harasser violated both federal and California state laws. These laws are meant to protect employees from working in a hostile work environment, ripe with sexual harassment. These laws are meant to hold employers accountable for the illegal actions occurring within their workplace.
In San Francisco, when you face sexual harassment in the workplace, you need a sexual harassment lawyer that will advocate for your rights. You need a sexual harassment attorney who understands the laws in San Francisco. Your sexual harassment lawyer should be able to advocate for your rights while advising you of the best course of action based on federal and California state laws.
Your San Francisco sexual harassment lawyer should stand by your side from the moment you agree to file a lawsuit against your employer until the very end of the process. They should inform you of your rights, answer your questions as they come up, and advice you throughout each step of the process. They should do these things without charging any fees until you win your case. You should feel as though your sexual harassment lawyer is the trusted advocate you need throughout the entire legal process.
What Is Sexual Harassment in the San Francisco Workplace?
Sexual harassment in San Francisco can come from anyone within the workplace. Sexual harassment can occur as employer sexual harassment, owner sexual harassment, CEO sexual harassment, manager sexual harassment, supervisor sexual harassment, coworker sexual harassment, customer sexual harassment, and nonemployee sexual harassment (including, vendors, sub-contractors, interns, and more). Your employer must ensure your workplace is free from all forms of sexual harassment, no matter who the harasser may be. If they allow this type of behavior to continue, you have a right to hold them accountable under San Francisco and federal laws.
What Are the Types of Sexual Harassment in San Francisco Workplace?
Workplace sexual harassment in San Francisco can create two types of legal claims: (1) a hostile work environment and (2) a quid pro quo sexual harassment claim.
A hostile workplace environment occurs when you experience such horrific treatment that you cannot return to work and complete your job responsibilities. You may be continuously tormented, harassed, or face severe acts of retaliation which may lead to you experiencing anxiety, depression, and other mental health issues. You may even feel the need to quit your job to avoid the excessive
A quid pro quo sexual harassment claim occurs when you are offered advances in the workplace in exchange for sexual acts or favors. These sexual acts may include explicit sexual contact, agreeing to a date with a manager or supervisor, or other requests for sexual favors. Quid pro quo sexual harassment usually is a form of manager, supervisor, employer, or CEO sexual harassment.
Quid Pro Quo as Retaliation for Refusal of Sexual Advances
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.
Who Can be the Victim of Sexual Harassment in San Francisco, CA?
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.
How Can Sexual Harassment Victims Report Complaints in San Francisco?
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.
When to Contact a San Francisco Sexual Harassment Attorney
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.
Does Online Sexual Harassment Occur in the San Francisco Workplace?
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.
Types of Online Sexual Harassment in the LA Workplace
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 Online Sexual Harassment in the San Francisco Workplace
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.
How Can You Report Online Sexual Harassment in the Workplace?
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.
Can You Get Fired from Work for Reporting Sexual Harassment in San Francisco?
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.
What are Examples of Sexual Harassment in the Workplace in San Francisco?
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.
Can Sexual Harassment Occur in Public Places and Schools in San Francisco?
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.
Sexual Harassment in San Francisco Schools
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.
What Laws Protect You from Workplace Sexual Harassment in San Francisco?
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.
San Francisco Laws Prohibiting Workplace Sexual Harassment
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.
What Can Your San Francisco Employer Do to Prevent Sexual Harassment?
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.
- 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.
- 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.
Is Sexual Harassment in San Francisco a Criminal Offense?
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.
Civil Claim Against Your Employer for Criminal Sexual Conduct in the San Francisco Workplace
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.
What is the Time Limit for Filing a Sexual Harassment Charge in San Francisco?
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.
How Long Will a Sexual Harassment Lawsuit Take in San Francisco?
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.
What Compensation Is Available to Sexual Harassment Victims at Work in San Francisco?
Civil lawsuits often result in financial compensation. San Francisco courts may award your money for pain and suffering, emotional distress, and lost wages. However, you may also receive other types of compensation. For instance, you may get your job back, force the company to change their policies and procedures, and even see your harasser removed from their position with your employer.
A qualified and knowledgeable sexual harassment attorney in San Francisco can help you determine what you deserve and need from your legal action. They will negotiate on your behalf to ensure you get the compensation you deserve.
Why You Need to Work with an Experienced Sexual Harassment Lawyer in San Francisco
San Francisco is its own, unique entity within northern California. It is the 17th most populated city in the United States and the 4th most populated city in California.
San Francisco is among the wealthiest cities in the United States. The average income per resident as of 2019 was $139,405. The most successful and populated region of the city and county is within the San Francisco Bay area, which is the northern tip of San Francisco.
With financial and economic stability, comes business growth and expectations. As a result, some people will break the laws to get ahead, including violating sexual harassment laws within the workplace.
San Francisco Lawyers Understand the Local Corporate Landscape
San Francisco is home to many well-known, national, and international companies. Companies, such as Lyft, BNP Paribus, and Wells Fargo have a home base in San Francisco. These large corporations are not immune to litigation. However, they know how to fight claims and intimidate employees to back down from a fight.
Working with an experienced sexual harassment lawyer in San Francisco will help you stand up for your rights against companies that notoriously expect people to back down. They will advocate for your when your employer’s lawyers are working to keep you from obtaining the justice you deserve.
What an Experienced Sexual Harassment Lawyer San Francisco Can Do for You
There are many benefits to working with a qualified and experienced sexual harassment lawyer in San Francisco. First, they will ensure you are meeting all the deadlines to file your claim under the laws best suited for your sexual harassment action. They will help explain federal and California laws to ensure you understand your rights and choose the laws best suited for your case.
Your sexual harassment attorney in San Francisco will help you draft your complaint, gather the evidence you need to present for your case, and fight for your rights from the moment you sign on as a client. Without their help, you may miss nuances in the laws or timelines that can keep you from getting the justice you deserve.
The sexual harassment lawyers at the Derek Smith Law Group in San Francisco can help you fight for your rights by providing compassionate and experienced advocacy for your claim.
How Can Employees Find a Qualified Sexual Harassment Lawyer in San Francisco?
Many victims of sexual harassment may rather stay quiet and ignore the problem than take action. They may feel embarrassed or ashamed. They may feel that the harassment was their fault. However, these feelings are based out of fear. The truth is that you deserve to fight back against sexual harassment, and it is never your fault. Therefore, you can feel confident in speaking out against the harassment and asking people you know who they may recommend as a sexual harassment attorney in San Francisco.
You should trust your friends and family to help you , as opposed to add to your shame. Therefore, ask them who they know or would recommend for these actions. Many times, they either know others who have gone through sexual harassment at work or have dealt with it themselves.
If your trusted circle does not know who to recommend for your sexual harassment claim, you can turn to t the internet. Look for Google reviews, Facebook reviews, Yelp reviews, and AVVO reviews to find the right sexual harassment lawyer in San Francisco for you. Take the time to interview potential attorneys and make an educated choice for the right attorney for your claim.
The Derek Smith Law Group in San Francisco is home to exceptional lawyers that tirelessly work to advocate for their clients’ rights. They are willing to work towards a settlement early in the process. Yet they are not afraid to back down in a fight in court.
Our Compassionate Sexual Harassment Lawyers in San Francisco Are Ready to Help.
In cities like San Francisco, the problem of sexual harassment at work grows as the corporate culture grows and changes. You need a sexual harassment lawyer that can help you fight for your rights while giving you the compassionate, knowledgeable, and dedicated advocacy you need and deserve. The sexual harassment lawyers at the Derek Smith Law Group in Los Angeles can help.
How Can You Contact San Francisco Sexual Harassment Attorneys for a Free Consultation?
Our experienced team of San Francisco sexual harassment lawyers has years of experience ensuring their clients recover compensation and justice for violations of their rights in the workplace.
Please contact us with any sexual harassment questions you may have. Many times, sexual harassment gets ignored or swept aside. However, if you think you experienced any form of sexual harassment at work, contact us to find out. Call 415-915-4322 or email derek@dereksmithlaw.com. You may choose to fill out our online form as well. We are here to help you. We never charge a fee until you win your case.
Interesting Facts About San Francisco
- San Francisco joined the union in 1848.
- The San Francisco gold rush in 1849 raised the population in the area from 1,000 settlers to over 25,000 in one year.
- Development in the Port of San Francisco was established in 1869, allowing it to become a large trade port and growing the population.
- An earthquake in 1906 nearly destroyed San Francisco. Or than 400,000 residents were homeless after the earthquake.
- During the 1929 stock market crash, not one San Francisco bank failed. During that time and the Great Depression, San Francisco took on many large projects, including building the San Francisco–Oakland Bay Bridge and the Golden Gate Bridge.
- During World War II, the Hunters Point Naval Shipyard became a center of activity, and Fort Mason became the primary port of embarkment for service members shipping out to the Pacific Theater of Operations.
- In 1951, the United States entered the Treaty of San Francisco. The treaty established peaceful relations between Japan and Allied nations.
- Over the past two decades, San Francisco has been the home of many technology-based companies and has been instrumental in the .com boom.
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