Sexual Harassment Lawyer in San Francisco, California

If you are feeling pressured or uncomfortable at work because of your sexual identity, your employer may be violating federal or California sexual harassment laws. Our San Francisco sexual harassment lawyers understand the laws that apply including:

• The US Civil Rights Act – Title VII. Federal law provides that “harassment on the basis of sex is a violation of section 703 of title VII of the US Civil Rights Act. Sexual harassment is defined as follows:

“Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when:

• Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment.
• Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual.
• Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment.”

According to the Equal Employment Opportunity Commission (the agency that enforces the Civil Rights Act), sexual harassment does not have to be of a sexual nature. It can include offensive remarks. “Both victim and the harasser can be either a woman or a man, and the victim and harasser can be the same sex.”

• California’s Fair Employment and Housing Act (FEHA). This law protects women and men from sexual harassment in the workplace. “All employers, regardless of the number of employees, are covered by the harassment provisions of California law.”
  • Employers are liable if their supervisors or agents commit sexual harassment. San Francisco and other California employers must take reasonable steps to prevent harassment.
  • Employers may also be “liable for the harassment by a non-employee (for example, a client or customer) of an employee, applicant, or person providing services for the employer – if the employer “knew or should have known of the harassment, and failed to take immediate and appropriate corrective action.”
  • Sexual harassment programs to eliminate sexual harassment in the workplace are mandated by law.

If you or someone you know is suffering workplace sexual harassment, call our San Francisco sexual harassment attorneys. We’ll assert your rights.

Generally, sexual harassment is categorized as follows:

• “’Quid pro quo’ (Latin for “this for that”) sexual harassment is when someone conditions a job, promotion, or other work benefit on your submission to sexual advances or other conduct based on sex” Quid pro quo sexual harassment also includes threatening an employee with adverse events such as termination or demotion if they fail to comply with the sexual advance. Normally, just one quid pro quo action is enough to file a complaint.
• “’Hostile work environment’ sexual harassment occurs when unwelcome comments or conduct based on sex unreasonably interferes with your work performance or creates an intimidating, hostile, or offensive work environment. You may experience sexual harassment even if the offensive conduct was not aimed directly at you.” Behaviors that may be sexual harassment
  • “Unwanted sexual advances
  • Offering employment benefits in exchange for sexual favors
  • Leering; gestures; or displaying sexually suggestive objects, pictures, cartoons, or posters
  • Derogatory comments, epithets, slurs, or jokes
  • Graphic comments, sexually degrading words, or suggestive or obscene messages or invitations
  • Physical touching or assault, as well as impeding or blocking movement.”

Employers must take action to prevent sexual harassment and take corrective actions when it occurs. This includes having written policies that explain the relevant laws, the rights of employees, how complaints will be handled, and the retaliation actions for filing a complaint that are not permitted.  Employers must monitor sexual harassment by the employer, managers, supervisors, agents of the company, clients, contractors, vendors, co-workers, non-employees who access the workplace, and others.

Both genders are protected. Sexual harassment does not require financial harm.

At Miracle Mile Law Group, our San Francisco sexual harassment attorneys demand seek enforcement of your civil remedies which can include:

• Job reinstatement
• Financial damages if you lost your job, income, or benefits due to a firing, demotion, or other adverse employment action
• Damages for emotional distress
• Statutory damages
• Changes in the policies and procedures of the employer

FEHA requires that San Francisco companies with 50 or more employees must provide two hours of sexual harassment training to supervisory employees every two years.

At Miracle Mile Law Group, our San Francisco sexual harassment lawyers understand how traumatic any type of sexual harassment is. Your rights and your dignity have been violated. Your trust in your employer has been destroyed. We work with experienced counselors and psychologists who can help you understand and treat your emotional concerns.

We help you practically as well as legally. We’ll address what steps to take to stop the harassment immediately. We review your employer’s policies and their failure to control and monitor any sexual harassment. We’ll help you obtain text messages, emails, web postings, performance records, and other documentation that support your version of events. We’ll explain how you can keep a journal and where you can store the journal away from the office. We’ll speak with any witnesses including coworkers who may also be subject to sexual harassment.

We’ll guide you through each phase of the claim from stopping the harassment to holding the employer accountable.