Sexual Harassment Attorneys Fighting for Justice in Kern County Workplaces
If you’ve faced sexual harassment, you don’t have to suffer in silence. A Kern County sexual harassment lawyer at Winer, Burritt, Scott & Jacobs, LLP can help you take action to stop the harassment and seek justice. We understand how overwhelming it feels to come forward, and we’re here to support you every step of the way. Call us at (866) 939-2588 or fill out our online contact form for a free, confidential consultation with a compassionate attorney from our team. We serve Kern County, including Bakersfield, Delano, Ridgecrest, and all of California.
What Counts as Sexual Harassment in California?
Sexual harassment includes any unwanted sexual or gender-based behavior in the workplace. The California Department of Fair Employment and Housing (DFEH) defines it as actions like:
- Visual Harassment: Leering, suggestive gestures, or displaying inappropriate images, such as explicit posters, cartoons, or photos.
- Verbal Harassment: Sexual jokes, offensive comments, slurs, or suggestive remarks, even if not directed at you.
- Physical Harassment: Unwanted touching, blocking someone’s path, or any form of assault.
- Quid Pro Quo Offers: Offering job perks, like promotions or raises, in exchange for sexual favors.
- Retaliation: Punishing someone for rejecting advances, such as giving them worse shifts, demoting them, or firing them.
This isn’t a complete list, but it shows the range of behaviors that qualify. Harassment can happen between people of the same gender or involve gender-based discrimination, like targeting someone for not fitting gender stereotypes. Each case depends on specific details, which a Kern County sexual harassment lawyer can help you evaluate. If you’re unsure whether your experience qualifies, we can clarify during a free consultation.
Types of Sexual Harassment
California and federal laws recognize two main types of sexual harassment, and our Kern County sexual harassment attorneys are experienced in both:
Quid Pro Quo Harassment
This happens when a supervisor or someone with authority pressures an employee for sexual favors in exchange for job benefits, like a promotion, raise, or even keeping their job. The pressure doesn’t need to be explicit. For example, a manager might imply that refusing could lead to being fired or passed over for opportunities. In Kern County workplaces, this power imbalance can make victims feel trapped.
California law holds employers strictly liable for quid pro quo harassment by supervisors. This means if a lawyer proves the harassment happened, the employer is responsible for damages, with no excuses. Victims can recover compensation for lost wages, emotional distress, therapy costs, missed promotions, attorney fees, and possibly punitive damages if the employer’s leaders knew about the harassment and did nothing.
Hostile Work Environment
A hostile work environment occurs when unwelcome sexual or gender-based behavior is so severe or ongoing that it makes the workplace unbearable. Examples include repeated crude jokes, inappropriate touching, sexual comments, or displaying explicit images. Even if the behavior isn’t aimed at you—for instance, coworkers making offensive remarks within earshot—it can still create a hostile environment.
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 promptly. A Kern County sexual harassment attorney can help determine who’s responsible and build a strong case.
How to File a Sexual Harassment Claim in Kern County
To pursue a sexual harassment claim, you or your sexual harassment attorney must file a complaint with the California DFEH or the federal Equal Employment Opportunity Commission (EEOC). These agencies will either resolve the case or issue a right-to-sue letter, allowing you to file a lawsuit. Once you file a complaint, you’re protected from workplace retaliation, such as being fired, demoted, or given worse assignments. Witnesses who support your claim are also protected.
- DFEH: Handles claims under California’s Fair Employment and Housing Act (FEHA), which offers strong protections for employees in workplaces with one or more employees. The DFEH can investigate, mediate, or issue a right-to-sue letter, allowing you to file a lawsuit in state court.
- EEOC: Oversees claims under federal law, like Title VII of the Civil Rights Act, which applies to employers with 15 or more employees. The EEOC may investigate or issue a right-to-sue letter for federal court.
You can file with both agencies if your case involves both state and federal claims, and a Kern County sexual harassment lawyer can advise on the best approach.
Important Deadlines:
- EEOC: You have 180 days from the incident to file.If you’re also filing with the DFEH, this deadline extends to 300 days because the agencies share information under a work-sharing agreement.
- DFEH: You have 3 years from the incident to file.
- Lawsuit Deadlines: After receiving a right-to-sue letter, you have 1 year to file a lawsuit under FEHA (DFEH) or 90 days under Title VII (EEOC). These deadlines are strict, so working with a lawyer ensures you don’t miss them.
Hiring a sexual harassment lawyer early ensures you meet these deadlines and prepare a strong case. Complex cases, especially those involving multiple incidents or retaliation, can take time to build.
Employer Obligations to Prevent Harassment
California law requires employers with 50 or more employees (including contractors) to provide sexual harassment prevention training to supervisors every two years. New supervisors must be trained within six months of starting. The training must cover:
- Definitions of sexual harassment under California and federal law.
- Examples of behaviors that qualify as harassment.
- How employees can report harassment and access remedies.
- Strategies to prevent harassment in the workplace.
- Steps to correct harassing behavior.
- What supervisors should do if accused of harassment.
- How to implement an effective anti-harassment policy.
Training must be led by qualified professionals, such as attorneys with at least two years of employment law experience, HR experts with practical harassment prevention experience, or educators with specific credentials in employment law.
Our Track Record: Notable Case Results
Our Kern County sexual harassment lawyers have secured significant settlements for clients, including:
- $3,850,000 – Female Plaintiff in Her Mid 20’s Sues Medical Supply Company for Sexual Harassment and Retaliation
- $3,850,000 – Settlement for a single-plaintiff sexual harassment case against a large insurer
- $2,000,000 – Three Women Who Were Sexually Harassed During Physical Exams by a Company Doctor
- $1,950,000 – Female Plaintiff in Her Early 20’s Sexually Harassed by Plant Manager of a Large Manufacturing Company
- $1,500,000 – settlement for a Los Angeles employee facing workplace harassment
These results show our commitment to fighting for victims of workplace harassment in Southern California including Bakersfield, Delano, Ridgecrest, and beyond.
Steps to Take If You’ve Been Harassed at Work
Experiencing sexual harassment can feel isolating and overwhelming, but you have the power to act. A Kern County sexual harassment attorney can guide you, but here are key steps to take:
If you’re in immediate danger, call 911 or local law enforcement. Your safety comes first.
- Contact a sexual harassment lawyer as soon as possible to protect your rights and start your claim.
- Document everything: Write down details of each incident, including dates, times, locations, what happened, and who was present. Save emails, texts, voicemails, or photos related to the
- harassment. Note any reports you made to HR or supervisors.
- Identify witnesses: If coworkers saw or heard the harassment, their statements can strengthen your case.
- Don’t wait: Harassment rarely stops on its own, and deadlines for filing claims are strict.
Taking these steps can help you hold harassers and employers accountable. Our Kern County sexual harassment attorneys are here to make the process as smooth as possible.
Frequently Asked Questions About Sexual Harassment in Kern County
What is a hostile work environment in Kern County?
Under California’s Fair Employment and Housing Act (FEHA), a hostile work environment happens when unwelcome sexual or gender-based conduct disrupts your ability to work. This could include ongoing inappropriate comments, gestures, or advances. For example, a coworker repeatedly making sexual remarks or a supervisor displaying suggestive images could qualify. Documenting these incidents is key.
Can I sue a coworker for harassment in Kern County?
Yes, you can file a claim against a coworker if their actions create a hostile work environment or involve quid pro quo harassment. Employers are responsible if they fail to address reported misconduct. For instance, if you report a coworker’s harassment to HR and nothing is done, the employer could be liable.
How does the DFEH process work for harassment claims?
The California Department of Fair Employment and Housing (DFEH) investigates workplace harassment complaints in Kern County under FEHA. You must file a complaint within three years of the incident. The DFEH may mediate, investigate, or issue a right-to-sue letter, allowing you to file a lawsuit.
What laws protect Kern County employees?
California’s FEHA covers workplaces with one or more employees, offering stronger protections than federal Title VII, which applies to employers with 15 or more employees. Kern County may also have local ordinances enhancing workplace safety. Our sexual harassment lawyers stay updated on all relevant laws to provide top-notch representation. Contact us to learn about your specific protections.
What evidence do I need for a harassment claim?
Strong evidence includes detailed notes about incidents (dates, times, locations, witnesses), emails, texts, voicemails, or photos showing harassment, and any reports you made to HR or management. Witness statements from coworkers can also help. California law requires clear proof of unwelcome conduct, so thorough records are essential.
What if I’m retaliated against for reporting harassment?
California law protects employees from retaliation, such as demotion, firing, or unfavorable job assignments, for reporting harassment. If you face retaliation, our Kern County sexual harassment attorneys can file claims to seek remedies like reinstatement, back pay, or compensation for emotional distress. With over 40 years of experience, we have a proven record of protecting clients from retaliation.
Can I file a claim if the harassment wasn’t directed at me?
Yes, you can file a claim if you witnessed harassment that created a hostile work environment. For example, if coworkers openly share crude jokes or a supervisor makes sexual comments within earshot, it can still affect your workplace.
Act Now With A Kern County Sexual Harassment Lawyer
Sexual harassment can have lasting effects on your mental health, career, and well-being. Waiting to act risks missing legal deadlines or allowing the harassment to continue. A Kern County sexual harassment lawyer at Winer, Burritt, Scott & Jacobs, LLP can help you stop the harassment, seek compensation, and regain control. With over $225 million recovered for clients, we have the experience and dedication to fight for you.