Napa County Sexual Harassment Attorney

Experienced Sexual Harassment Lawyers Serving Napa County And Surrounding Areas

Sexual harassment is a serious violation of your rights, and it can occur in any workplace, from wineries and hospitality venues in Napa Valley to corporate offices in American Canyon. In Napa County, where industries like tourism, agriculture, and wine production thrive, workplace dynamics can sometimes lead to power imbalances that foster harassment. Our attorneys are intimately familiar with local courts, judges, and mediators in areas like Napa, St. Helena, and Calistoga. We handle cases involving quid pro quo harassment, hostile work environments, and more, ensuring that victims receive the maximum compensation for lost wages, emotional distress, and punitive damages.

At Winer, Burritt, Scott & Jacobs, LLP, we are dedicated to fighting for the rights of sexual harassment victims in Napa County and throughout California. Our team of experienced Napa County sexual harassment attorneys has a proven track record of holding perpetrators and employers accountable, recovering over $225 million for our clients in sexual harassment and related cases. We understand the profound impact that sexual harassment can have on your life, career, and well-being, and we are committed to providing compassionate, aggressive representation to help you seek justice and compensation.

If you’ve experienced unwelcome advances, hostile work environments, or retaliation for reporting harassment, you don’t have to suffer in silence. Our firm offers free, confidential consultations with no recovery, no fee guarantees. Contact us today at (866) 939-2588 or through our online form to speak with a qualified Napa County sexual harassment attorney.

What Is Sexual Harassment?

Sexual harassment is any unwelcome sexual advance, request for sexual favors, or other verbal or physical conduct of a sexual nature that affects an individual’s employment, interferes with work performance, or creates an intimidating, hostile, or offensive work environment. Under California law, specifically the Fair Employment and Housing Act (FEHA), and federal Title VII of the Civil Rights Act, sexual harassment is prohibited in all workplaces with five or more employees.

There are two primary types of sexual harassment:

1. Quid Pro Quo Harassment: This occurs when submission to sexual conduct is made a condition of employment benefits, such as promotions, raises, or continued employment. For example, a supervisor in a Napa County vineyard might imply that an employee’s job security depends on accepting romantic advances.
2. Hostile Work Environment: This involves pervasive or severe conduct that creates an abusive atmosphere. It doesn’t need to involve economic injury but must be objectively and subjectively offensive.

Conduct that may constitute sexual harassment includes, but is not limited to:

• Obtaining sexual favors by granting or promising employment benefits, such as job offers or positive evaluations.
• Using threats of demotion, termination, or other adverse actions if sexual advances are rejected.
• Physical conduct like assault, impeding movement, unwanted touching, or groping.
• Verbal abuse, including derogatory comments, sexual innuendos, jokes, or propositions.
• Visual harassment, such as displaying sexually suggestive images, posters, cartoons, or making lewd gestures, staring, or leering.

In Napa County, where seasonal workers in the wine industry may be particularly vulnerable, our attorneys have seen cases involving migrant workers, hotel staff, and office employees. It’s important to note that harassment can be same-sex, and victims can be of any gender. If the conduct is severe or pervasive enough to alter the conditions of employment, it may qualify as harassment.

Even a single incident, if egregious (e.g., sexual assault), can form the basis of a claim. Our Napa County sexual harassment attorneys can help evaluate your situation to determine if you have a viable case.

Strict Liability in Sexual Harassment

Under California law, employers can be held strictly liable for sexual harassment committed by supervisors or agents, even if the company was unaware of the behavior. This means the victim doesn’t need to prove negligence on the employer’s part; the mere fact that a supervisor engaged in harassment makes the employer responsible.

For non-supervisory employees, employers may be liable if they knew or should have known about the harassment and failed to take immediate and appropriate corrective action. In Napa County, with its mix of small family-owned wineries and larger corporations, understanding these liabilities is crucial. Our firm has successfully litigated cases where employers attempted to evade responsibility by claiming ignorance, but strict liability protections ensured justice for our clients.

Federal law under Title VII also imposes similar liabilities, with caps on damages based on employer size (e.g., up to $300,000 for companies with over 500 employees). However, California FEHA has no such caps, allowing for potentially higher recoveries in state claims.

Federal Law and Liability

Title VII of the Civil Rights Act of 1964 prohibits sexual harassment as a form of sex discrimination. Victims must file a charge with the Equal Employment Opportunity Commission (EEOC) within 300 days in California (due to state agency crossover). After receiving a right-to-sue letter, you can pursue a lawsuit.

In Napa County, you can also file with the California Civil Rights Department (CRD, formerly DFEH), which offers a one-year statute of limitations for most claims, extendable to three years in certain cases under recent amendments.

Liability extends to employers, but individuals (harassers) can also be sued under state law. Options for resolution include:

1. Filing with the EEOC for federal claims.
2. Filing with the CRD for state claims, which often provide broader protections.
3. Pursuing a civil lawsuit directly after administrative exhaustion.

Our Napa County sexual harassment attorneys guide clients through these processes, maximizing outcomes by leveraging both federal and state laws.

What Employer Obligations Are There To Prevent Sexual Harassment?

California employers with five or more employees must provide sexual harassment prevention training every two years. For supervisory employees, this is a two-hour interactive session; for non-supervisors, it’s one hour. Employers must also distribute the CRD’s sexual harassment fact sheet or equivalent policy.

Additional obligations include:

• Establishing a clear anti-harassment policy with complaint procedures.
• Investigating all complaints promptly and thoroughly.
• Taking remedial action to stop harassment and prevent recurrence.
• Protecting complainants from retaliation.

In Napa County’s hospitality sector, where late-night events and alcohol may be involved, employers must be vigilant. Failure to comply can lead to additional liability. Our firm holds employers accountable when they neglect these duties, as seen in cases where inadequate training led to widespread harassment.

Who Is Qualified To Train Employees On Sexual Harassment?

Under California Government Code Section 12950.1, qualified trainers include:

• Attorneys admitted to the bar for at least two years, with experience in employment law.
• Human resources professionals or harassment prevention consultants with at least two years of practical experience.
• Professors or instructors in law schools, colleges, or universities who have a postgraduate degree or equivalent and 20 instruction hours in relevant subjects.

Training must be interactive, covering definitions, examples, and complaint processes. For Napa County businesses, especially those with diverse workforces, culturally sensitive training is essential. Our attorneys often review training programs in litigation to expose deficiencies.

Protecting Your Rights When You Have Become A Victim of Sexual Harassment

If you’ve been harassed, act quickly to preserve your rights. The statute of limitations is limited, so delay can bar your claim. Steps to take include:

• Document everything: Keep records of incidents, including dates, times, witnesses, emails, texts, voicemails, or notes.
• Report the harassment internally following your employer’s policy, if safe to do so.
• Speak with a qualified Napa County sexual harassment attorney to understand your options and avoid common pitfalls.
• File a complaint with the CRD or EEOC within the deadlines.
• Preserve evidence, such as clothing or objects if a physical assault occurred.

Retaliation for reporting is illegal and can form a separate claim. Our firm has secured significant settlements for clients facing demotions or terminations after complaints.

Frequently Asked Sexual Harassment Questions

1. What qualifies as sexual harassment in a Napa County workplace?

Sexual harassment includes any unwelcome sexual advances, requests for sexual favors, or verbal, physical, or visual conduct of a sexual nature that creates a hostile work environment or affects employment conditions. This can range from inappropriate comments or jokes to physical assault. In Napa County, our experienced sexual harassment lawyers at Winer, Burritt, Scott & Jacobs, LLP can evaluate your situation to determine if you have a valid claim.

2. How long do I have to file a sexual harassment claim in Napa County?

In California, you generally have one year from the date of the harassment to file a complaint with the California Civil Rights Department (CRD), though this can extend to three years in certain cases. For federal claims under Title VII, you must file with the Equal Employment Opportunity Commission (EEOC) within 300 days. A Napa County sexual harassment lawyer from our firm can help you navigate these deadlines to ensure your rights are protected.

3. Can I sue my employer if a co-worker harassed me?

Yes, you may have a claim against your employer if a co-worker’s harassment created a hostile work environment and your employer knew or should have known about it but failed to take action. If the harasser is a supervisor, the employer may be strictly liable under California law.

4. What compensation can I seek in a Napa County sexual harassment case?

Victims of sexual harassment may recover compensation for lost wages, emotional distress, medical expenses, and punitive damages in some cases. California’s FEHA has no damage caps, unlike federal law, potentially allowing for higher recoveries. At Winer, Burritt, Scott & Jacobs, LLP, our Napa County sexual harassment attorneys work to maximize your compensation through negotiation or litigation.

5. What should I do if I’m facing retaliation for reporting sexual harassment?

Retaliation, such as demotion, termination, or hostility for reporting harassment, is illegal and can form the basis of a separate claim. Document all retaliatory actions, preserve evidence, and contact a Napa County sexual harassment attorney immediately.

Contact A Qualified Napa County Sexual Harassment Attorney Right Away

Don’t let sexual harassment derail your career or your life. At Winer, Burritt, Scott & Jacobs, LLP, we exclusively represent victims, not perpetrators or accused individuals. With decades of experience, we fight tirelessly for justice in Napa County courts.

Get in contact with us today for a free, no-obligation consultation. Call (866) 939-2588 or fill out our online form. Remember, time is critical—reach out to our Napa County sexual harassment lawyers now to protect your future. We’re here to listen and advocate for you.

We represent only victims of sexual harassment, not perpetrators or those accused of harassment.