San Jose Sexual Harassment Lawyer

The 2017 Annual Report prepared by the California Department of Fair Employment and Housing (FEHA) states that almost 10% of employment-related claims allege various forms of sexual harassment.

At Minnis & Smallets LLP, we are committed to protecting employees from such misconduct, and to holding employers who protect harassers accountable, so we are prepared to seek all available remedies through government agencies and in court. Please contact our firm to set up an appointment with a San Jose sexual harassment lawyer who can explain your rights.

Synopsis on Federal and State Sexual Harassment Laws

Title VII for the Civil Rights Act of 1964 and California’s Fair Employment and Housing Act (FEHA) protect employees by prohibiting two types of sexual harassment in the workplace:

• Quid Pro Quo: Sexual harassment may occur when a manager or other employee in a supervisory position demands sexual conduct, accompanied by either a promise of advantageous treatment or refraining from adverse treatment.
• Hostile Work Environment: An employee may create a hostile work environment through sexually suggestive comments or conduct that makes another worker feel intimidated, offended, or the subject of hostilities.

FEHA is broader than the federal law in two key aspects. For one, you can claim quid pro quo harassment against any employee – not just a supervisor. Plus, you can file a sexual harassment claim if you work for a smaller California employer with five or more workers. Federal law only protects employees when the employer has at least 15 workers.

Filing a Sexual Harassment Claim

Depending on the specifics of your situation, you can file a sexual harassment claim against your employer through the Equal Employment Opportunity Commission (EEOC) or the California DFEH. The process is similar once you submit your complaint:

• The relevant agency will investigate the facts and make a finding regarding sexual harassment;
• The EEOC or DFEH may request that you engage in a mediation session with your employer; and,
• If mediation is not successful, you may proceed to the next step and file a lawsuit against your employer in court.

A San Jose Sexual Harassment Attorney Will Help Protect Your Rights

When you retain experienced legal counsel to address sexual harassment in the workplace, you have an advantage in succeeding on your claim. Your lawyer will:

• Review your circumstances and investigate your claim;
• Assist with gathering information and preparing the necessary forms to file with EEOC or DFEH;
• Obtain the right to sue from the EEOC or DFEH, which preserves your legal rights; and,
• Fight on your behalf in court as necessary to enforce your rights in a sexual harassment case.

In a sexual harassment claim, you may be entitled to compensation for your losses, such as back pay, fees, costs, front pay, and other monetary damages. You can also seek equitable remedies, including job reinstatement, hiring, a promotion, or other relief.

Discuss Your Claim with a San Jose Sexual Harassment Lawyer

Please contact Minnis & Smallets LLP for more information on your rights and remedies in a sexual harassment case. Our employment law attorneys can schedule a consultation to review your circumstances and develop a strategy regarding your claim.