Alameda County Sexual Harassment Attorney

California Sexual Harassment Lawyer Assisting Clients with Sexual Harassment Claims in Alameda County

Sexual harassment is prohibited as a form of sex discrimination in the workplace. Federal law prohibits sexual harassment under Title VII of the Civil Rights Act of 1964, while California state law prohibits sexual harassment under the Fair Employment and Housing Act (FEHA). An Alameda County sexual harassment attorney can assist with your claim.

What is Sexual Harassment in Alameda County?

The California Department of Fair Employment and Housing (DFEH) defines sexual harassment in the workplace as “unwanted sexual advances, or visual, verbal, or physical conduct of a sexual nature.” Sexual harassment includes both hostile work environment harassment (or behavior that is so egregious that creates a hostile work environment) as well as quid pro quo (or “this for that”) harassment.

The DFEH provides the following examples of sexual harassment in the California workplace:

• Visual conduct, which can include sexually suggestive gestures or display images of a sexual nature;
• Verbal conduct, which can include making derogatory comments that are sexual in nature, graphic comments about an employee’s body, or jokes of a sexual nature;
• Physical conduct, which can include unwanted touching or block an employee’s movements;
• Quid pro quo harassment, or offering an employee certain benefits in exchange for receiving sexual favors; and
• Threats to take retaliatory actions if or when an employee files a sexual harassment claim or takes any action in response to sexual harassment in the workplace.

How Long Does an Employee in Alameda County Have to File a Sexual Harassment Claim?

If an employee files a claim under federal law, she must file her claim through the U.S. Equal Employment Opportunity Commission (EEOC). In general, the EEOC requires that an employee file a charge within 180 days from the date of the harassment incident (or the last harassment incident if the situation is ongoing).

If an employee files a claim under state law, he or she must file the claim through the DFEH. Under California law, an employee must usually file an employment discrimination complaint with the DFEH within one year from the date of the discriminatory act, or the sexual harassment incident.

California state law generally has broader explicit protections for employees than does federal law, especially when it comes to sexual harassment based on sexual orientation or gender identity. Employees in Alameda County who have faced sexual harassment at work should speak with a sexual harassment lawyer to determine whether to file a claim under state or federal law.

Oakland Employer Responsibilities to Prevent Sexual Harassment in the Workplace

Employers in Alameda County are required to take steps to prevent sexual harassment in the workplace. The law requires employers to do the following:

• Distribute copies of a  DFEH brochure on sexual harassment in the workplace;
• Post a copy of the DFEH poster entitled “California Law Prohibits Workplace Discrimination and Harassment” in the workplace;
• Develop a policy to prevent harassment, discrimination, and retaliation; and
• Distribute the policy to employees and require employees to acknowledge the policy.

Employers may be required to take additional affirmative preventive measures and should speak with an Oakland sexual harassment lawyer to ensure that they meet their obligations under the law.

How Employees in Alameda Can Learn More from a Sexual Harassment Attorney

If you have questions about sexual harassment in the workplace, a sexual harassment lawyer who practices in Alameda County can speak with you today. Contact Minnis & Smallets LLP for more information.