Fighting for the Rights of Sexual Harassment Victims in San Luis Obispo County, California
Victims of sexual harassment often find it impossible to perform their jobs effectively, suffer significant psychological and emotional harm, and may even avoid work to escape offensive behavior. This can profoundly disrupt both personal and professional lives. Whether you’re in San Luis Obispo, Paso Robles, or Arroyo Grande, California and federal laws provide legal remedies to address such misconduct.
If you’ve experienced sexual harassment at work, take immediate steps to stop the behavior and explore your legal options. Contact Winer, Burritt, Scott & Jacobs, LLP to discuss your case with an experienced attorney.
Sexual Harassment in California: What Is It?
California regulations define sexual harassment as unwanted sexual behavior, encompassing visual, verbal, or physical conduct with a sexual or gender-based motive. This includes harassment where the victim and harasser are the same gender. According to the California Department of Fair Employment and Housing (CDFEH), examples include:
- Visual Conduct: Staring, leering, sexual gestures, or displaying sexually suggestive items like pictures, cartoons, or posters.
- Verbal Conduct: Derogatory comments, sexual slurs, innuendos, off-color jokes, or other verbal abuse of a sexual nature.
- Physical Conduct: Unwanted touching, assault, or attempts to block or impede someone’s movement.
- Quid Pro Quo Offers: Offering employment benefits in exchange for sexual favors.
- Retaliation: Threatening or taking adverse actions after rejecting sexual advances.
This list isn’t exhaustive but outlines the broad scope of prohibited behavior. Each case depends on specific facts, which a regulatory agency or jury may evaluate. Our San Luis Obispo County sexual harassment attorney can answer your questions and guide you through the process.
Types of Sexual Harassment
Sexual harassment under federal and California law falls into two primary categories. Below, we break down each type for clarity, outlining their characteristics and legal implications.
Quid Pro Quo Harassment
- Definition: This occurs when a supervisor, implicitly or explicitly, demands sexual favors in exchange for employment benefits, such as hiring, promotions, or job retention. The Latin phrase “quid pro quo” means “this for that,” reflecting a transactional demand.
- Examples: A manager might hint that a promotion depends on agreeing to a sexual relationship, or a supervisor could imply that refusing advances will lead to termination.
- Legal Implications: California law holds employers strictly liable for quid pro quo harassment by supervisors. If the harassment is proven, the employer is responsible for damages, including lost wages, counseling costs, emotional distress, attorney fees, and potentially punitive damages if company leadership failed to act promptly.
Hostile Work Environment Harassment
- Definition: This type involves severe or pervasive conduct that creates an intimidating, offensive, or abusive workplace. It doesn’t require a direct demand for sexual favors but can stem from inappropriate comments, gestures, or actions.
- Examples: Persistent sexual jokes, displaying explicit images, unwanted touching, or derogatory remarks about gender or sexual orientation, even if not directed at the victim, can contribute to a hostile environment.
- Legal Implications: Employers are strictly liable for a hostile work environment caused by a supervisor. If a coworker is the harasser, the employer is liable only if a supervisor knew or should have known about the behavior and failed to act. Federal law is less stringent, allowing employers to avoid liability if they took reasonable steps to prevent harassment and the employee failed to report it.
California’s stricter laws make state courts, particularly in areas like Morro Bay or Pismo Beach, more favorable for plaintiffs seeking justice for workplace harassment.
The Procedures for Seeking Remedy for Sexual Harassment
To pursue a sexual harassment claim, you or your San Luis Obispo County attorney must file a complaint with the Equal Employment Opportunity Commission (EEOC) or the California Department of Fair Employment and Housing (DFEH). These agencies may resolve the case or issue a right-to-sue letter, allowing you to file a lawsuit. Once a lawsuit is filed, you may recover damages for lost wages, emotional distress, and more, with legal protections against workplace retaliation.
Act quickly, as federal claims have a 180-day filing deadline with the EEOC, and California claims must be filed with the DFEH within one year. Our attorneys can ensure compliance with these deadlines and build a strong case.
Employers’ Legal Obligations to Prevent Sexual Harassment
California law mandates that businesses with 50 or more employees, including those in places like Atascadero or Cambria, provide sexual harassment prevention training to supervisors every two years. New supervisors must receive training within six months. The training covers:
- Definitions of sexual harassment under state and federal law
- Examples of prohibited conduct
- Company and government resources for victims
- Strategies to prevent and correct harassment
- Procedures for handling accusations against supervisors
- Elements of an effective anti-harassment policy
Trainers must be qualified attorneys, HR professionals, or educators with specific experience in employment law or harassment prevention.
Notable Sexual Harassment Case Settlements
- $3,850,000 – Female plaintiff in her mid-20s sues medical supply company for harassment and retaliation
- $3,850,000 – Single-plaintiff case against a large insurer
- $2,000,000 – Three women harassed during physical exams by a company doctor
- $1,950,000 – Young female plaintiff harassed by a plant manager at a manufacturing company
What to Do if You Believe You Were Sexually Harassed
Sexual harassment can be traumatizing, leaving victims feeling helpless. However, taking action is critical to assert your rights. Follow these steps:
- Contact Law Enforcement: If your physical safety is threatened, call local authorities immediately.
- Consult an Attorney: Speak with an experienced San Luis Obispo County sexual harassment lawyer
to protect your rights and start your claim. - Document Incidents: Keep a detailed log of offensive conduct, including dates, times, witnesses, and any relevant media (e.g., emails, texts).
No one should endure workplace harassment. Our team is here to hold harassers and employers accountable.
Questions to Ask a Sexual Harassment Attorney
What constitutes a hostile work environment in San Luis Obispo County?
A hostile work environment occurs when unwelcome sexual conduct, such as inappropriate comments or gestures, disrupts your ability to work, per California’s Fair Employment and Housing Act (FEHA). Signs include ongoing offensive behavior or discrimination based on gender or sexual orientation. Our attorneys at Winer, Burritt, Scott & Jacobs, LLP can evaluate your case and pursue justice.
Can I file a sexual harassment claim against a coworker in San Luis Obispo County?
Yes, California law allows claims against coworkers if their actions create a hostile work environment or involve quid pro quo harassment. Employers are liable if they fail to address reported misconduct. Our sexual harassment lawyers have a strong track record of holding employers accountable for coworker harassment, so contact us for a free consultation.
How does the DFEH handle sexual harassment complaints in San Luis Obispo County?
The California Department of Fair Employment and Housing (DFEH) investigates complaints under FEHA, requiring a filing within three years of the incident. The DFEH may mediate, investigate, or issue a right-to-sue letter for court action. Our experienced sexual harassment attorneys can guide you through this process to build a robust case.
What local laws protect against sexual harassment in San Luis Obispo County?
San Luis Obispo County adheres to California’s FEHA, which prohibits harassment in workplaces with one or more employees, stricter than federal Title VII. Local ordinances may bolster protections, such as county workplace safety initiatives. Our firm stays current on these laws to provide strong representation for clients.
What evidence is needed for a strong sexual harassment claim?
Strong evidence includes detailed logs of incidents (dates, times, witnesses), emails, texts, or photos documenting harassment, and HR reports. Witness statements or coworker corroboration can bolster your case. Our San Luis Obispo County sexual harassment lawyers at Winer, Burritt, Scott & Jacobs, LLP help clients compile compelling evidence to meet California’s requirements.
How can I protect myself from retaliation after reporting harassment?
California law prohibits retaliation, such as demotion or termination, for reporting sexual harassment. Our San Luis Obispo County attorneys can file claims to address retaliatory actions and seek remedies like reinstatement or compensation. With over 40 years of experience, we’re committed to safeguarding your rights.
Contact Our San Luis Obispo County Sexual Harassment Attorney Today
If you’ve faced sexual harassment in San Luis Obispo County or nearby areas like Nipomo or Grover Beach, consult our experienced attorneys to explore your rights. At Winer, Burritt, Scott & Jacobs, LLP, we’ve recovered over $300 million for clients and are dedicated to achieving the best possible resolution for your case.
Schedule a free case evaluation with one of our San Luis Obispo County sexual harassment attorneys by calling (866) 963-2135 or using our online contact form.