Experienced Sexual Harassment Lawyers Fighting to Protect Victims Throughout Amador County
Highly Respected
Winer, Burritt, Scott & Jacobs, LLP is highly regarded by judges, mediators, and legal experts. A former judge and mediator has stated, “As a former judge and now a mediator… I have observed many attorneys in action. Unquestionably, John D. Winer is among the most effective. He is tenacious and an accomplished advocate.”
Award-Winning
Our firm has earned numerous accolades, including:
- Finalist for Consumer Attorney of California Attorney of the Year
- San Francisco Trial Attorney of the Year
- AVVO 10/10 rating
- SuperLawyers
- Martindale Hubbell AV Rated
- CAOC Presidential Award of Merit
- 10 Best Injury Attorneys for Client Satisfaction by AIOPIA
Happy Clients
Our clients consistently share positive feedback:
- “The support and empowerment I received from this law firm truly changed the course of my life.”
- “My experience with WB&S was ABSOLUTELY amazing.”
- “From day one, I knew I was in great hands with this firm.”
Understanding Sexual Harassment in California
Sexual harassment remains a pervasive issue that affects individuals across all industries, including in Amador County communities like Jackson, Ione, and Sutter Creek. Despite federal and California state laws prohibiting it, victims in these areas often face emotional, psychological, and professional consequences, including poor job performance, anxiety, and reluctance to return to work. If you’ve experienced sexual harassment in in Amador County, our dedicated sexual harassment attorneys are here to help you navigate the legal process and seek justice.
At Winer, Burritt, Scott & Jacobs, LLP, we are committed to providing a safe, non-judgmental space for victims to share their experiences. Our attorneys have decades of experience advocating for those who have suffered from inappropriate workplace behavior in Amador County and beyond. We understand how challenging it can be to come forward, especially when your job security is at stake. Our team will work tirelessly to hold harassers and employers accountable, ensuring you receive the compensation and support you deserve. Call our office today to discuss your case in a confidential, compassionate setting.
What Constitutes Sexual Harassment?
According to the U.S. Equal Employment Opportunity Commission (EEOC), sexual harassment includes “unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature.” It also encompasses offensive remarks about a person’s sex, such as derogatory comments about women or men in general. Sexual harassment can occur between individuals of any gender, and the victim and harasser may be of the same sex.
The California Department of Fair Employment and Housing (DFEH) outlines specific behaviors that qualify as sexual harassment, including:
- Offering employment benefits in exchange for sexual favors.
- Threatening consequences for rejecting sexual advances.
- Physical conduct, such as assault, unwanted touching, or blocking movements.
- Verbal conduct, including derogatory comments, sexual innuendos, or suggestive remarks.
- Visual conduct, such as displaying sexually suggestive images, posters, or cartoons, or engaging in inappropriate staring or leering.
One common form of sexual harassment is quid pro quo harassment, a Latin term meaning “this for that.” This occurs when a supervisor, coworker, or employer demands sexual favors in exchange for job benefits, such as a promotion, raise, or continued employment. For example, a manager might imply that agreeing to a sexual encounter will lead to a job opportunity, or refusing could result in termination or demotion. Even if the victim does not comply, the demand itself constitutes harassment under California law.
Strict Liability in Sexual Harassment Cases
In California, employers are held strictly liable for sexual harassment committed by supervisors, regardless of whether the employer was aware of the behavior or attempted to address it. This means there are no defenses available to the employer to avoid liability. Victims can recover compensation for losses, including attorney fees, economic damages, and emotional distress. In some cases, courts may award punitive damages if company officers or directors failed to act despite knowing about the harassment.
A hostile work environment can also constitute sexual harassment. Behaviors that create such an environment include:
- Descriptive discussions of sexual acts.
- Inappropriate sexual jokes or explicit images.
- Sexually suggestive gestures.
- Unwanted physical contact.
Even if an employee is not directly targeted but is exposed to inappropriate conduct, they may have a valid claim for a hostile work environment. Under California law, if the harasser is a supervisor, the employer is automatically liable. If the harasser is a coworker, the employer is liable if they knew about the harassment and failed to take corrective action.
Federal vs. California Law
Federal and California laws differ slightly in their approach to employer liability. Under federal law, an employer can avoid liability by proving they took reasonable steps to prevent harassment and acted promptly upon learning of it, even if the harasser is a supervisor. However, employees must report the harassment promptly for this defense to apply. California law is stricter, holding employers liable for supervisor harassment without exception, making state claims often more favorable for victims.
To file a sexual harassment claim, victims can start with either the EEOC or the California DFEH. These agencies investigate claims to confirm the harassment and may issue a “right to sue” letter, allowing victims to pursue legal action. Both victims and witnesses are protected from employer retaliation under state and federal law. Given the short statute of limitations for these claims, consulting an Amador County sexual harassment lawyer promptly is critical to protect your rights and avoid jeopardizing your case.
Employer Obligations to Prevent Sexual Harassment
California law mandates that employers with 50 or more employees provide sexual harassment prevention training to all supervisors within six months of hiring. This training covers:
Definitions of sexual harassment under state and federal law.
- Examples of conduct that constitute harassment.
- Remedies available to victims, including government and company policies.
- Strategies for preventing harassment.
- Supervisors’ duty to report harassment.
- Procedures for reporting harassment.
- Guidance for supervisors accused of harassment.
Who Can Provide Sexual Harassment Training?
Qualified trainers include:
- Attorneys with at least two years of active bar membership and experience practicing employment law under the Fair Employment and Housing Act.
- Human resource professionals with two years of experience in harassment prevention, discrimination, or complaint investigation.
- Law graduates or educators with 20 hours of instruction in employment law under the Fair Employment and Housing Act or Title VII of the Civil Rights Act of 1964.
Proper training ensures workplaces are safe and employees are treated fairly. Our Amador County sexual harassment attorneys can assist employers in implementing effective training programs to prevent harassment.
Steps to Take if You’re a Victim of Sexual Harassment
If you’ve experienced sexual harassment, whether once or repeatedly, taking action is essential. Ignoring the issue often allows the behavior to continue or worsen. Here are steps to protect your rights:
- Contact an Amador County sexual harassment lawyer immediately. The statute of limitations for filing a claim is short, so prompt action is critical.
- Document the harassment. Save emails, texts, voicemails, or other communications that serve as evidence of the inappropriate behavior.
Our attorneys will guide you through the legal process, ensuring your case is handled with care and respect. We understand the emotional toll of harassment and are committed to helping you seek justice.
Notable Case Results
Our firm has a proven track record of securing justice for sexual harassment victims. Below are some of our notable case results, demonstrating our commitment to holding wrongdoers accountable:
- $3,850,000 for a young woman harassed and retaliated against by a medical supply company
- $3,850,000 for a single-plaintiff case against a large insurer
- $2,000,000 for three women harassed by a company doctor during physical exams
- $1,950,000 for a young woman harassed by a plant manager at a manufacturing company
- $1,500,000 for a Los Angeles employee facing workplace harassment
We are dedicated to achieving justice for our clients. While every case is unique, our Amador County sexual harassment lawyers approach each matter with the same tenacity and compassion to deliver results.
Frequently Asked Questions About Sexual Harassment in Amador County
1. What qualifies as sexual harassment in the workplace under California law?
Sexual harassment in the workplace, as defined by the California Department of Fair Employment and Housing (DFEH), includes unwelcome sexual advances, requests for sexual favors, and other verbal, physical, or visual conduct of a sexual nature. This can include inappropriate comments, unwanted touching, suggestive gestures, or displaying offensive materials. It also covers derogatory remarks about a person’s sex, such as offensive comments about women or men in general. Harassment can occur between individuals of any gender, and the victim and harasser may be of the same sex. Both quid pro quo harassment (demanding sexual favors for job benefits) and hostile work environment (ongoing inappropriate behavior) are actionable under California law.
2. What types of damages can I recover in a sexual harassment lawsuit in California?
Victims of sexual harassment in California may be entitled to various types of compensation, depending on the specifics of their case. Recoverable damages often include economic damages for lost wages, benefits, or other financial losses due to harassment or retaliation. Non-economic damages may cover emotional distress, anxiety, or psychological trauma caused by the harassment. In cases involving egregious misconduct, punitive damages may be awarded to punish the employer or harasser, particularly if the employer failed to act despite knowing about the harassment. Additionally, you may recover attorney fees and court costs. Our Amador County sexual harassment lawyers at Winer, Burritt, Scott & Jacobs, LLP work to maximize your compensation based on the impact of the harassment.
3. What is the statute of limitations for filing a sexual harassment claim in California?
In California, the statute of limitations for filing a sexual harassment claim is generally three years from the date of the last incident of harassment, under the California Fair Employment and Housing Act (FEHA). However, before filing a lawsuit, you must file a complaint with the California Department of Fair Employment and Housing (DFEH) within three years of the incident. If you choose to file with the U.S. Equal Employment Opportunity Commission (EEOC) under federal law, the deadline is typically 300 days from the incident if a state agency like the DFEH is involved, or 180 days otherwise. Because these timelines are strict and missing them can jeopardize your case, it’s critical to contact an Amador County sexual harassment attorney promptly to ensure your rights are protected.
4. Can I file a sexual harassment claim if I am an undocumented worker in Amador County?
Yes, undocumented workers in Amador County and throughout California are protected from sexual harassment under both state and federal laws, including the California Fair Employment and Housing Act (FEHA) and Title VII of the Civil Rights Act of 1964. Your immigration status does not affect your right to a safe workplace free from harassment. You can file a claim with the California Department of Fair Employment and Housing (DFEH) or the U.S. Equal Employment Opportunity Commission (EEOC) and pursue legal action against harassers or employers. California law also prohibits employers from retaliating against you, such as threatening to report your immigration status, for reporting harassment.
5. Do I need to prove that my employer knew about the harassment to hold them liable?
Not necessarily. Under California law, employers are strictly liable for sexual harassment committed by a supervisor, meaning they are responsible regardless of whether they knew about the behavior or tried to address it. If the harasser is a coworker, the employer is liable only if they knew or should have known about the harassment and failed to take prompt corrective action. Our Amador county sexual harassment attorneys can help gather evidence, such as prior complaints or witness statements, to demonstrate employer liability and strengthen your case.
Contact Our Amador County Sexual Harassment Lawyer Today
If you’ve experienced sexual harassment in Amador County, including in communities like Jackson, Ione, Sutter Creek, or surrounding areas, don’t delay in seeking the justice you deserve. At Winer, Burritt, Scott & Jacobs, LLP, our dedicated attorneys are here to support you every step of the way, fighting tirelessly to protect your rights and restore your sense of security. We’ll work diligently to hold harassers and employers accountable, seeking compensation for your emotional distress, lost wages, and other damages.
Our firm offers a free, no-obligation consultation to thoroughly evaluate your case and explain your legal options. With our no-recovery, no-fee policy, you face no financial risk—our fees are contingent on securing compensation for you. Reach out to our Amador County sexual harassment attorney today by giving us a call or filling out our online contact form. Let us help you reclaim your power and move forward with confidence.