San Francisco Sexual Harassment Lawyer
Sexual harassment occurs in every industry and all types of workplaces. While the victim just wants to have a typical day at the office, the harasser makes normal work impossible. Afterward, the victim is left with lasting emotional scars. Through the help of a sexual harassment attorney, individuals can resolve their situation and seek justice.
What Is Sexual Harassment in the Workplace?
Unfortunately, sexual harassment is far too common in the workplace. According to the United States Equal Employment Opportunity Commission, sexual harassment is when someone is harassed based on their sex. This may be a request for a sexual favor or some kind of unwanted sexual advance. The harassment can be physical or verbal.
While most people think of sexual harassment as something purely sexual, it can also be an offensive remark or similar harassment based on the person’s gender. There is no limitation to who can be sexually harassed. A boss, employee, woman or man could be the victim or the harasser.
Random, offensive comments are not generally enough to be considered sexual harassment. These comments or actions have to be severe and occur so often that the workplace feels offensive or hostile in order for them to violate the sexual harassment law. Another example of sexual harassment is when someone is fired or loses a promotion because of the harassment.
This type of sex discrimination is against Title VII of the Civil Rights Act of 1964. Any company with 15 or more employees is bound by this law. Sexual harassment does not have to result in lost wages, getting fired or suffering an economic injury. To violate the law, the only requirement is that the harasser’s actions or language is not welcome.
Sexual Harassment Statistics
Recent surveys indicate that one in three women between the ages of 18 and 34 have suffered from sexual harassment in the workplace. In movies, sexual harassment is overt and aggressive. In real life, sexual harassment is a lot harder to spot because it exists in offhand, sexual comments and insinuating texts.
Despite how prevalent this problem is, 71 percent of women never report workplace sexual harassment. Only 29 percent of women come forward to report their experience. Meanwhile, 81 percent of women have been subjected to verbal harassment like jokes or rude comments.
While most of the victims are women, men are the victims in about 17 to 20 percent of cases. Men are the most likely perpetrators, but there are plenty of women who harass coworkers, employees and staff members as well. Harassment happens to every gender, education level and occupation.
There are three types of sexual harassment that are the most common. Unwanted sexual attention involves sexual advances like touching or pressuring someone to go out for a drink. Meanwhile, sexual coercion is a kind of harassment where a worker is threatened or pressured into having a sexual relationship that they do not want.
Gender harassment is the most common form of sexual harassment. This kind of harassment involves threats, hostile behavior and off-color comments based on someone’s gender. Gender harassment might be the most common, but many people do not even realize that this behavior constitutes harassment and do not report it.
How to Tell If You Are a Victim of Sexual Harassment in the Workplace
If you have felt uncomfortable at work, there might be a reason for it. Lewd comments and unwanted advances are not just a normal part of the workplace. While many people think that they have to put up with this behavior, sexual harassment is never alright. A sexual harassment lawyer can help you determine if the behavior is illegal and your next steps.
You may be a victim of sexual harassment if a coworker regularly touches you inappropriately or flirts with you constantly. He or she may make up reasons to be close to you. A supervisor may shut the door after asking you to come into the office alone or invite you to a dinner meeting without any other coworkers present.
If you believe that you are a victim of sexual harassment, make sure to document the time, date and description of the event. Report the incident to human resources or your superiors. If nothing happens, a sexual harassment attorney can help you determine the right legal action for your situation.
What Should I Do If I’m a Victim of Sexual Assault in the Workplace?
If you have suffered from sexual harassment in San Francisco, you have options. The first thing that you should do is tell the harasser that you find their behavior offensive. Most people will stop their harassing conduct at this stage. At the very least, they now know that their behavior is not acceptable.
If the harasser continues to behave offensively, follow your company’s procedures for sexual harassment claims. This might involve talking to your boss, visiting human resources or filing an official complaint. If there is no formal procedure in place, then you should tell your supervisor. When your supervisor is the guilty party, tell their immediate supervisor instead.
Throughout the process, make sure to write down everything that happens with each incident. Take note of who is involved, the date and what was said. If you cannot resolve your complaint through your company’s procedures, then this information can help you file an administrative complaint with a governmental agency.
If nothing seems to improve the situation, a sexual harassment lawyer can help. An attorney can help you bring a civil lawsuit for emotional injuries. If your lawsuit is successful, you may be able to gain damages for emotional distress, back pay and fringe benefits that you lost. You can also get reinstated in your job position if you were let go because of the harassment.
Do I Need to Hire a Sexual Harassment Lawyer?
No one deserves to become the victim of sexual harassment. A San Francisco attorney can help you figure out the next step in your case. If your workplace does not take care of the harassment appropriately, then legal action may be the only option left.
Navigating the court system can be challenging. With the help of a skilled attorney, you can file your case, compile evidence and achieve the justice you deserve. Even if you are uncertain about what you want to do next, talking to an attorney can help you clarify your feelings and decide what you want to do. Contact us today for your free consultation.
- This article should only be used for informational purposes. It does not constitute legal advice, and it does not create an attorney-client relationship with anyone. If you need legal advice, please consult an attorney in your community.
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A Review of Rizio Lipinsky
Sexual Harassment Lawyer
I was the victim of harassment at my place of work, based on my same sex relationship and my status as a gay male. I was taunted, called names, humiliated in front of co-workers by my supervisors and manager. When I told my H.R rep and district H.R they did nothing. The last straw was when my H.R and supervisor started telling the general workforce about my sexual status and if they've ever seen me in any lude acts. That's when I took legal acting against the company. Daren was recommend to me by a friend, so i looked him up and read his profile. I was looking for a lawyer who had experience in labor relations, sexual harassment and harassment based on sexual orientation and he fit the bill.
From our first meeting, he made me feel comfortable discussing the full details of what was happening to me at work. He took notes and kept me composed during every meeting we had. He gave me realistic time frames for what was to come moving forward. Standing up to my harassers was not easy but Daren assured me that I was making things better for myself and others.
Fast forward several months.... Litigation time. He prepared me about the environment we were about to enter. I was extremely nervous and excited at the same time. I wanted to tell the "Big Brown company" I have worked for and still do what they've done to me and how wrong they were to treat me and many others like me that way. So they had the TEAM of lawyers and the district H.R manger on one side and Daren and I on the other. Daren's words were sharp, clear and to the point. To make a long story short, we came to a very fare settlement. I did not loose any wages and still had my job which I've held for 17 yrs.
In the end I left really good for what I've done and I owe it all to Daren, for taking my case, knowing the law and caring for peoples rights in today's society.