Sexual Harassment Attorneys in San Francisco

In California, workplace sexual harassment can take two forms. Quid pro quo harassment occurs when a superior such as a boss, supervisor, or manager requests that an employee engages in sexual conduct in exchange for a benefit at work. A hostile work environment is a type of harassment that creates an abusive work environment and is so severe or pervasive that the victim cannot properly complete the job. Hostile work environment harassment can be sexual in nature, although it can also be discriminatory and based on race, national origin, religion, etc.

If you believe you have been subjected to either type of sexual harassment, contact trusted sexual harassment attorneys in San Francisco right away.

Laws regarding Sexual Harassment Training in the Workplace 

The state of California requires that all employers with five or more employees provide sexual harassment training. One hour of sexual harassment and abusive conduct prevention training is required for all nonsupervisory employees, and two hours of training is required for all employees in supervising and managing positions. This training must include examples of harassment based on sexual orientation, gender identification, and gender expression. Additionally, employers are required to: 

• Keep all employees’ training records for a minimum of two years. 
• Provide all employees with a fact sheet produced by the Department of Fair Employment and Housing regarding sexual harassment.
• Develop harassment, discrimination, and retaliation prevention policies.
• Develop a complaint process that ensures discrimination complaints remain confidential and are timely and impartially investigated. Additionally, the process must ensure timely responses to complaints, documentation processes, and options for remediation and resolution. 

Types of Conduct That Amount to Sexual Harassment

At times it may be difficult to determine whether a coworker or supervisor’s actions amount to sexual harassment. The following are common examples of sexual harassment suffered by victims in the workplace: 

• Unwanted touching, including seemingly innocent touching of the thighs 
• Degrading and demeaning comments that are sexual in nature
• Constant and repeated staring  
• Sexual propositions 
• Unequal treatment 

Steps a Victim Can Take to File a Sexual Harassment Complaint

If you have suffered as a result of sexual harassment at work, you should begin by reviewing your company’s sexual harassment policies and following the procedures to submit a complaint. Be sure that you keep records and copies of your written complaints that include dates of incidents and individuals involved. 

Inform your employer or HR department of the harassment according to the company’s policies. Even where there are no procedures in place, failing to inform your employer of any sexual harassment may affect your claim later on.

File a complaint with the Department of Fair Employment and Housing. The DFEH will review your complaint and elect whether to investigate. The party who allegedly committed the harassment will have the opportunity to respond to the complaint. 

In the event that the DFEH issues a “right to sue” letter, consult with an employment law attorney to discuss your legal options and file a lawsuit. 

Contact Minnis & Smallets LLP If You Are a Victim of Sexual Harassment in the Workplace

If your professional life has been affected by sexual harassment from coworkers or supervisors, contact the attorneys at Minnis & Smallets LLP. Our sexual harassment attorneys in San Francisco will gather information to determine if you have a viable employment law case. Visit our website to schedule an appointment today.