Sexual Harassment in Workplace Lawyer in Ventura

As a leading law firm, Bamieh & De Smeth, PLC, specializes in employment law, and we aim to educate workers about their rights and the legal protections available to them.

What Constitutes Sexual Harassment?

As a leading law firm, Bamieh & De Smeth, PLC, specializes in employment law, and we aim to educate workers about their rights and the legal protections available to them. Under California law, sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, or other verbal, visual, or physical conduct of a sexual nature that creates a hostile, intimidating, or offensive work environment. It's important to note that:

The behavior doesn't need to be motivated by sexual desire.
It can be based on an employee's actual or perceived sex, gender identity, sexual orientation, pregnancy, or related conditions.
Same-sex harassment is also prohibited.
Even a single severe incident can constitute sexual harassment.

California's Strong Stance Against Sexual Harassment

California has some of the most comprehensive anti-harassment laws in the nation. The California Fair Employment and Housing Act (FEHA) prohibits sexual harassment in all workplaces, regardless of the number of employees.

Key aspects of California's approach include:

Mandatory sexual harassment prevention training for employers with five or more employees
Extended statute of limitations for filing complaints (3 years)
Strict liability for employers when supervisors engage in harassment
Protection against retaliation for reporting harassment

Alarming Statistics

Recent data highlights the prevalence of sexual harassment in California: Approximately 86% of women in California experience sexual harassment at some point in their careers, 5% higher than the national average:

For men in California, the rate is about 53%, which is 10% higher than the national average
LGBTQ+ individuals are about three times more likely to experience sexual harassment or assault
On average, 427 cases of workplace sexual harassment are reported annually to the EEOC in California

Steps to Take if You're Experiencing Sexual Harassment

If you believe you're a victim of sexual harassment, consider taking the following actions:

Document all incidents, including dates, times, and witnesses
Report the harassment to your employer following their established procedures
File a complaint with the California Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC)
Seek support from friends, family, or professional counseling services

Legal Recourse and Compensation

Victims of sexual harassment have the right to seek legal recourse and may be entitled to various forms of compensation, including:

Lost wages and benefits
Emotional distress damages
Punitive damages in cases of egregious conduct
Reinstatement or promotion if employment was affected
Attorney's fees and court costs

The Importance of Legal Representation

Navigating a sexual harassment case can be complex and emotionally challenging. An experienced employment law attorney can:

Evaluate the strength of your case
Guide you through the complaint filing process
Negotiate with employers on your behalf
Represent you in court if necessary
Ensure you receive fair compensation for your suffering

Bamieh & De Smeth, PLC

Sexual harassment has no place in California workplaces. By understanding your rights and the legal protections available, you can take a stand against this unacceptable behavior. If you're experiencing sexual harassment, remember that you're not alone, and there are resources and legal options available to help you seek justice and create a safer work environment for all.

Call the law firm of Bamieh & De Smeth to schedule a free case review. Let us get to know you and our sexual harassment attorneys in Ventura answer your questions and discuss your options.