Going to your workplace should be a safe environment where you feel comfortable. If this isn’t the case and you’ve been sexually harassed by your coworkers or supervisor, our San Jose sexual harassment lawyers can help you.
At Arias Sanguinetti | Trial Lawyers, our team of personal injury lawyers in San Jose is ready to hold the responsible parties accountable. We care about you and want you to be hopeful for your future.
Understanding Your Rights Under FEHA and Title VII
The Fair Employment and Housing Act (FEHA) and Title VII of the federal Civil Rights Act of 1964 protect employees in California from sexual harassment and discrimination. These laws prohibit unwelcome conduct of a sexual nature that negatively impacts one’s work or work environment. All individuals have the right to feel safe and respected at their jobs without facing such inappropriate treatment.
Sexual harassment is:
- Sexual advances that are unwanted, like flirtations, propositions, or requests for dates.
- Lewd comments, whistles, or jokes of a sexual nature.
- Verbal abuse of a sexual nature, including graphic comments about one’s body or sexual activities.
- Physical conduct, such as touching, pinching, grabbing, kissing, or brushing up against someone.
- Displaying sexually suggestive posters, cartoons, or drawings.
- Continuing to ask someone out socially after they have expressed no interest.
- Offering workplace benefits in exchange for sexual favors.
- Retaliation for rejecting advances or complaining about harassment.
The laws protect against harassment by supervisors, coworkers, or non-employees like customers or clients. Both overt acts and more subtle behaviors can potentially be considered harassment, depending on the specific circumstances. If any sexual conduct interferes with your ability to do your job, you have legal recourse under FEHA and Title VII.
How do You File a Sexual Harassment Claim?
After you’ve experienced sexual harassment at your workplace, there is hope moving forward. Here are the steps you need to take to file a sexual harassment claim:
Consult an Attorney
Having an experienced sexual harassment lawyer in San Jose guide you through the legal process is highly recommended. Our attorneys can:
- Review the specifics of your case to assess potential claims.
- Ensure all filing deadlines are met to preserve legal options.
- Properly draft complaint paperwork for the EEOC and DFEH.
- Submit supporting documentation and witness statements.
- Request mediation or demand letters if the initial complaint is rejected
- Negotiate with opposing parties on your behalf.
- Advise on benefits and risks of potential settlement offers.
- Represent your interests if claims move forward in litigation.
Taking that first step of contacting a lawyer allows us to address any harassment issues promptly, hold accountable those responsible, and obtain the just resolution you deserve.
File a Complaint with the EEOC or DFEH
For harassment cases in California, you can file an administrative complaint with either the Equal Employment Opportunity Commission (EEC) or the California Civil Rights Department (CDR). Filing with the EEOC automatically files your complaint with the CDR as well, as the CDR has a work-sharing agreement with the EEOC.
Request a Right to Sue Notice
After filing a complaint, the agency will investigate your case. The agencies aim to resolve disputes through mediation or settlement within 180 days.
Our attorneys monitor the process closely. If efforts are not moving productively, we may request issuance of a Right to Sue notice sooner than typical. Upon receiving the notice, you have one year to file a lawsuit regarding the claims. Our lawyers ensure this deadline is met to preserve legal options.
File a Lawsuit
Once you have received a Right to Sue notice, we will immediately file a formal complaint on your behalf in court. We will conduct thorough legal research to understand all applicable laws and review all evidence collected to construct the strongest case possible.
We will adhere to all relevant rules of civil procedures when drafting the complaint. We will also properly serve the legal filings to all appropriate defendants.
In addition, our San Jose workplace harassment attorneys will handle any necessary pre-trial motions, such as requesting mediation to explore settlement. We conduct comprehensive discovery through the litigation process, including requesting records, sending interrogatories, and taking depositions of key witnesses. If needed, we will retain expert witnesses to support claims at trial.
Investigate all Options
Our team will explore options through the CDR, like mediation and settlement discussions. However, we are fully prepared to litigate claims through trial if necessary to achieve justice.
San Jose Sexual Harassment Lawyer Near Me 310-844-9696
What Compensation Can You Recover After You’ve Been Sexually Harassed at Work?
If you’ve suffered sexual harassment, you are eligible for compensation to help you cope and build your future. Our team can help you recover damages such as:
- Back pay: If the harassment resulted in termination, demotion, or other economic losses, you may recover lost pay and benefits.
- Compensatory damages: These cover things like emotional distress, mental anguish, harm to reputation, and other non-economic losses. There is no cap on compensatory damages under FEHA.
- Punitive damages: For cases with egregious employer conduct, punitive damages may be awarded to punish the employer on top of compensatory damages. The court determines the amount.
- Attorney’s fees and costs: FEHA allows you to recover your legal expenses if they prevail to ensure victims can find representation.
- Declaratory or injunctive relief: The court may require the employer to reform policies, provide anti-harassment training, and address hostile work conditions.
- Job reinstatement: If fired due to harassment, you can seek reinstatement to your original position or a comparable one.
- Front pay: Awarded in lieu of reinstatement if returning to work would still be intolerably hostile or difficult under the circumstances.
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How Much does It Cost to Hire a San Jose Sexual Harassment Attorney?
Our lawyers at Arias Sanguinetti | Trial Lawyers work on a contingency fee, which means that if we don’t win you compensation, you don’t have to worry about paying anything. We believe that everyone should have access to legal help regardless of their financial situation.
If we win you a settlement, we’ll take a percentage of it to cover our attorney’s fees, and then the rest is yours. Our team will discuss the percentage and find an amount that works for both of us.
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Contact Us to Work Toward Justice Today
Our San Jose sexual harassment lawyers at Arias Sanguinetti | Trial Lawyers are ready to help you get compensation and hold the liable parties accountable. We’ll make sure that you correctly file your complaint so your claim isn’t delayed.
Contact us for a free consultation.
Call or text 310-844-9696 or complete a Free Case Evaluation form