Being sexually harassed at work can be a traumatizing experience. Victims of sexual harassment often feel trapped in their situation, and will usually quit their job without pursuing legal action against their employer. In some instances, victims of sexual harassment will file complaints or reports with their company’s human resources department; however, in most cases, the victim is wrongfully terminated from their job as a result. If you or a loved one have experienced sexual harassment in Los Angeles, you may be able to file a lawsuit against your employer or coworker for their actions and behavior. However, when filing a sexual harassment lawsuit, it is highly recommended that you seek legal representation from a sexual harassment law firm. At Normandie Law Firm our Los Angeles sexual harassment attorneys can guide you through the often complicated process of building a case, filing a claim, and reaching a satisfactory settlement. If you have any questions after reading this article, please feel free to reach out to our law offices near Los Angeles, California, for a free consultation from one of our many well-versed legal advisors.
Sexual Harassment At The Workplace
According to the federally run Equal Opportunity Employment Commission, sexual harassment is defined as sexual conduct and sexual advances that are both unwanted and prevent an individual from performing the full requirements of their job. Sexual harassment can often cause a hostile work environment, which can impose stress and emotional trauma on victims. Sexual harassment can involve anything from lude jokes to inappropriate touching. Contrary to popular belief, both men and women can be made victims of sexual harassment. There are plenty of state and federal laws that protect people from experiencing workplace sexual harassment. According to Title VII of the Civil Rights Act of 1964, sexual harassment is considered a form of sex discrimination. Two forms of sexual harassment were identified under Title VII:
- Quid Pro Quo Sexual Harassment: quid pro quo sexual harassment is identified as sexual harassment being imposed by a person in a seat of authority; meaning a boss, manager, or supervisor. This individual in authority forces that their workers tolerate their actions and behavior, and characterize it as a condition of employment. Quid Pro Quo sexual harassment is usually identified as being one-off instances of sexual harassment.
- Hostile Work Environment Sexual Harassment: Hostile work environment sexual harassment is identified as a reoccurring practice of unwanted sexual conduct. Some elements involved in hostile work environment harassment claims include reoccurrence of the conduct; the hostility of the conduct; the form of conduct, whether verbal or physical; if the harassment was focused on an individual or spread amongst a group of individuals.
In most sexual harassment cases, the victim will have to show that they believed the actions and behavior of their employer or coworker, was hostile, abusive, or offensive. These victims must also show that any other reasonable individual would identify the actions and behavior of their employer or coworker as being hostile and unwarranted.
Unfortunately, not all employers are held under Title VII. Employers with 15 or fewer employees can get away with not falling under Title VII. However, if your company has less than 15 employees, there are a multitude of state laws that act similarly to Title VII. Regardless of the size of the company, if any of the two forms of sexual harassment can be proven in a case, the employer can be found liable for the damages. These damages can include payment of financial losses, pain and suffering, and any punitive damages deemed appropriate.
Finding a resolution to a sexual harassment lawsuit can be somewhat challenging. As mentioned before, sexual harassment is identified as a form of sex discrimination. Discrimination is defined as the improper treatment of an individual based on their race, color, sexual orientation, religious background, cultural background, or personal characteristics. As mentioned prior, there are some state and federal laws that protect workers from discrimination in the workplace, and if an employer breaks these laws, they are subject to the legal consequences. Listed below are the elements that must be present in your case to take legal action against your employer:
- The actions of your employer must show, in some way, that they are discriminating against you based on your religion, disability, sex, race, color, or age.
- Your employer’s behavior and actions must last for an extended period. As such you cannot sue your employer for one off-handed comment. Any and all incidents where your employer abused you and bullied you should be recorded and filed with your company’s HR department.
- If your company does nothing or little to nothing to remedy the issue after repeated reports of harassment, you can move forward with legal action against your employer.
- The actions of your employer must be severe and consistent enough to disrupt your ability to fulfill the requirements of the job, by hindering your day-to-day work.
With the help of a law firm experienced in sexual harassment cases, you could find a peaceful and satisfactory resolution to your case. Every individual has a right to represent themselves and their case. However, having a lawyer experienced in sexual harassment cases can make the difference between earning compensation for your damages and being forced to endure continued mistreatment and harassment.
How To File A Sexual Harassment Lawsuit Against A Employer
Filing a lawsuit for sexual harassment can be an incredibly complicated process. Sexual harassment lawsuits are very similar to any other discrimination lawsuit, and they require that the plaintiff follow certain steps to ensure a positive resolution to their case. Fortunately, a case can be resolved at any point during this process, and often a settlement is reached before the case can even get close to a courtroom. Listed below are some of the key steps involved in bringing a sexual harassment case to a settlement:
- Contact an HR Representative: The first thing you should do is report every incident of abuse to your company’s Human Resources department. These departments are put in place to fight for the rights of their employees and resolve issues of this nature. Often, cases will be resolved at this point as a result of the actions of an HR representative. By reporting your incidents, you not only document the harassment, but you can also show a jury that you exhausted all options of solution before relying on legal action.
- Collect Any and All Evidence: If your HR department fails to remedy the issue, you may need to file a report with either a state or federal anti-discrimination agency. Before you do so, you should gather any and all evidence you need to support your claims. This evidence can include things like photographs, video footage, or audio recordings of incidents of harassment; text messages, phone calls, emails, or other points of contact shared between you and your employer or; eyewitness testimonies from co-workers, customers, or even family members that back up your claims. At this point, you should consult a skilled attorney if you haven’t already.
- File a Report With an Anti-Discrimination Agency: Before you can file a lawsuit against your employer, you must file a report with either the federally run Equal Employment Opportunity Commission (EEOC) or a state-run agency. These agencies will review your case, and either give you the approval to sue or reject your right to sue an employer. During this period, it is highly recommended that you keep a low-profile at work as you do not want to give your employer any evidence to later dispute your claims in court.
- Move to Court or Resolve: If the anti-discrimination agency approved your case, you and your attorney would receive a ‘right-to-sue,’ letter, giving you the go-ahead to take your case to court. However, at this point, many cases settle as companies would rather settle a case than expend the exuberant legal fees to fight the case in court. It is up to you whether you want to take your case to court or not, and before making a choice, it is highly recommended that you reach out to your lawyer for advice on the best course of action.
It is important to note that there is a time limit, victims have to bring their case to court after receiving the ‘right-to-sue’ letter from an anti-discrimination agency. Often considered, the statute of limitations, if a plaintiff fails to follow this deadline there is no guarantee that they will find a positive resolution to their case. Regarding sexual harassment cases, the statute of limitations can vary depending on the anti-discrimination agency you decide to file a report with. For example, if you file a claim with a state-run anti-discrimination agency you have 300 days from the date you receive the ‘right-to-sue’ letter to file your claim. On the other hand, if you filed with the EEOC, you have 180 days.
Regardless of what route you decide to take with your sexual harassment lawsuit, it is highly recommended that you seek legal guidance from an attorney well-versed in cases of this nature. While you can file a suit against your employer alone, the best way to guarantee a sizeable settlement is to retain a lawyer to help you fight for you and your case in court.
How Normandie Law Firm Can Help
If you or a loved one has experienced sexual harassment at the workplace, you may be eligible to file a claim for monetary compensation. Victims of sexual harassment often feel trapped, and as such may be unaware of their options of resolution. With the help of a law firm experienced in fighting workplace harassment cases, victims can receive the positive resolution that they hoped for. At Normandie Law Firm our Los Angeles sexual harassment attorneys are committed to ensuring all of our clients receive the resources they need to earn the compensation they deserve. Our experienced Los Angeles sexual harassment attorneys can guide you every step of the way from filing a report with the right anti-discrimination agency and follow the statute of limitations. Victims of sexual harassment in the workplace can contact our law offices to learn more about how we can assist. While our law firm is based in Los Angeles, our attorneys also practice in Tulare County, Visalia, Riverside, Corona, San Bernardino, Pomona, Fontana, Orange County, Santa Ana, Anaheim, Irvine, San Diego, and throughout the state of California.
Free Second Opinions
Other attorneys will sign you up for their firm but will disappear once your name is on the paper as they are busy signing up more cases. In these instances, their business is based more on volume and will attempt to sign up as many cases as possible. In turn, they will spend less time on cases resulting in severely reduced settlements. Our firm will not treat you like a number. We will be in communication with you throughout our lawsuit and will treat you like family. So if you already have an attorney don’t worry, we’ll give you a second review of your case 100% free of charge.
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If you contact our law offices today, we can walk you through the complicated process of filing your claim completely free of charge. As a show this commitment to you and your case we offer our clients the benefits of a zero fee guarantee policy. Under our zero fee policy, all clients don’t pay for our services until their case is won. If you feel in need of a second opinion, second opinion case reviews are also free under this policy. Please, feel free to give us a call, and we can guide you down the path of receiving proper compensation for your damages.
