San Francisco Sexual Harassment Lawyer
Experienced Sexual Harassment in the Workplace?
At Nichols Kaster, PLLP, we understand the devastating impact sexual harassment can have on employees and workplaces. Our team of dedicated employment law attorneys is here to provide expert legal guidance and representation to victims of sexual harassment.
Our firm has extensive experience representing clients in sexual harassment cases in San Francisco. We are committed to advocating for your rights and holding perpetrators accountable for their actions.
What is Sexual Harassment?
Sexual harassment in the workplace is an unfortunate reality that affects countless individuals. It encompasses unwelcome sexual advances, requests for sexual favors, or any other verbal, physical, or visual conduct of a sexual nature that creates a hostile, intimidating, or offensive work environment.
Sexual harassment in the workplace can manifest in various forms. Here are some common examples:
- Verbal Harassment: This includes unwelcome sexual advances, comments, jokes, or explicit conversations of a sexual nature. Examples could be sexual comments about a person's appearance, explicit jokes, or persistent requests for dates.
- Physical Harassment: Unwanted physical contact or advances, such as touching, groping, hugging, or kissing without consent, constitute physical harassment. It can also include blocking someone's path or cornering them in a way that feels intimidating or threatening.
- Visual Harassment: Displaying or sharing sexually suggestive or explicit images, videos, or objects in the workplace can create a hostile environment. This includes sending explicit emails, showing explicit content on computer screens, or sharing inappropriate materials.
- Quid Pro Quo Harassment: This occurs when an individual in a position of power, such as a supervisor or manager, demands sexual favors in exchange for job benefits like promotions, raises, or continued employment. It can also involve threats of negative consequences if the advances are rejected.
- Hostile Work Environment: A hostile work environment is created when pervasive or severe sexual harassment interferes with an individual's ability to work. It may include persistent unwelcome sexual comments, gestures, or other forms of harassment that make the workplace intimidating, offensive, or hostile.
- Cyber Harassment: With the rise of digital communication, sexual harassment can occur through emails, text messages, social media platforms, or other online channels. This includes sending explicit or offensive messages, sharing inappropriate images, or engaging in online stalking.
Federal State Protections from Sexual Harassment
California state laws and federal statutes such as Title VII of the Civil Rights Act of 1964 protect employees from sexual harassment and provide avenues for legal recourse.
Title VII prohibits sexual harassment in workplaces with 15 or more employees. It applies to both public and private employers, labor organizations, and employment agencies. Employers have a duty to prevent and address sexual harassment in the workplace. They are responsible for taking prompt and appropriate action to prevent and remedy harassment if it occurs.
Employers can be held liable for sexual harassment committed by supervisors or managers. If a supervisor's harassment results in a tangible employment action, the employer is strictly liable. If the harassment is perpetrated by a co-worker, the employer may be held liable if they knew or should have known about the harassment and failed to take appropriate action.
Sexual harassment that creates a hostile or intimidating work environment is considered unlawful. Unwelcome conduct of a sexual nature that is severe or pervasive may contribute to a hostile work environment.
On the other hand, California law applies to employers with five or more employees, providing broader protection compared to federal law. Employers can be held strictly liable for sexual harassment by supervisors, regardless of whether the harassment resulted in a tangible employment action.
California law extends the time limit for filing a complaint with the Department of Fair Employment and Housing (DFEH) from 180 days to one year.
How We Can Help
At Nichols Kaster, PLLP, we are dedicated to fighting for justice and creating safe working environments free from sexual harassment. As experienced San Francisco sexual harassment lawyers, we have a deep commitment to our clients and a strong track record of success.
The following is how we can help you with your sexual harassment claim:
- Case Evaluation: Our first step is to conduct a thorough evaluation of your case. We will listen to your experiences, review any relevant documents or evidence, and provide an honest assessment of the strength of your claim. This initial consultation is an opportunity for you to ask questions and gain a better understanding of the legal options available to you.
- Filing a Complaint: If we determine that you have a valid claim, we will guide you through the process of filing a complaint with the appropriate government agency, such as the Equal Employment Opportunity Commission (EEOC) or the DFEH. We will ensure that your complaint is properly documented and filed within the required timeframes.
- Negotiation and Settlement: In many cases, we can achieve a favorable resolution through negotiation or mediation. Our skilled negotiators will work tirelessly to secure a fair settlement that compensates you for your damages, including lost wages, emotional distress, and other related losses. We will always prioritize your best interests while striving for the most favorable outcome possible.
- Litigation and Trial: If a settlement cannot be reached, our seasoned trial attorneys will vigorously advocate for you in court. We will meticulously prepare your case, gather evidence, interview witnesses, and present a compelling argument before a judge and jury. Throughout the litigation process, we will provide you with the support and guidance you need, keeping you informed of all developments and strategies.
- Retaliation Claims: As we mentioned earlier, it is illegal for employers to retaliate against employees who report or oppose sexual harassment in the workplace. If you have faced adverse employment actions, such as wrongful termination, demotion, or harassment, as a result of your complaint, our attorneys can help you pursue a retaliation claim.
If you have experienced sexual harassment in Colleton County, our skilled team of attorneys can provide the legal support you need. We are dedicated to fighting for justice and ensuring a safe work environment for all.
Speak with our San Francisco sexual harassment lawyer by calling (877) 344-4628 to learn more.