Top-Rated Fresno Sexual Harassment Attorney
Representing Only Executives and Employees
If you are a Fresno area employee and believe that you or someone you know experienced sexual harassment at work, the law is on your side. We urge you to consider both your work environment as well as others who are similarly situated and may continue to suffer if no one speaks up against an unruly supervisor, intimidating coworker, or threatening client/customer. If you complain to your supervisor and/or Human Resources Department and nothing is done to prevent the re-occurrence of the above unlawful sexual harassment, you may have a strong claim. It is unfortunate that many employees fear for their jobs and do not bring forth their claims when employers committed or allowed others to commit violations and create a hostile work environment. Many of the laws protecting you have strict deadlines which our attorneys can guide you on during the initial complimentary consultation.
Guidelines to Use When Assessing Sexual Harassment at Work
At the initial client interview, we are often asked what events constitute sexual harassment. We hope that the following information will point you in the right direction. However, each circumstance is unique and it takes a versed, knowledgeable, and experienced attorney to truly align the facts to the elements of the laws to know the strength of each claim. Thankfully, Title VII of the Civil Rights Act of 1964 (“Title VII”) and California’s Fair Employment and Housing Act (“FEHA”) provide guidance as to what entails sexual harassment at the workplace. In addition, the agency most known for enforcing these laws is the U.S. Equal Employment Opportunity Commission (“EEOC”). The EEOC defines sexual harassment as:
(i) Unwelcome verbal conduct such as derogatory jokes, epithets, sexual advances or invitations, and other comments;
(ii) Unwelcome visual conduct such as derogatory and/or sexually-oriented posters, photographs, e-mails, cartoons, and drawings;
(iii) Unwelcome physical conduct such as sexual assault, unwanted touching, groping, or massages, simulated sex acts, blocking normal body movement and interfering with work because of sex, race or any other protected basis; and
(iv) Threats and demands to submit to sexual requests as a condition of continued employment, or to avoid some other loss, and offers of employment benefits in return for sexual favors.
The key that plaintiff’s attorneys search for is whether the conduct exhibited was “severe or pervasive” in the workplace. Therefore, if the harassment was isolated such as out of place sexist/derogatory/racist comments, touching or advancement, this may not rise to the stage where we will bring the claim. Further, another key ingredient is whether the “severe and pervasive” harassment in the workplace was aimed at someone due to his or her being a part of a protected group such as a given race, age, disability, national origin, ethnicity, or gender/sex.
What Should You Do When Experiencing Sexual Harassment at Work
Under both federal and California anti-sexual harassment laws, employees have rights only if they actually report the pervasive harassment either internally through Human Resources (or the supervisor if he/she was not the cause) or externally through the EEOC or the Department of Fair Employment and Housing (“DFEH”). Such unlawful harassment often goes unreported to the dismay of the employee and others in the community who would benefit. If you report the harassment in the workplace, ensure that it is in writing and as specific as possible including the type of harassment and that it was based on you being a given gender, race, ethnicity, etc. If you have any uncertainty about where to report the harassment, employers in California should have this information in their employee handbook or in an anti-harassment policy. Then, a report should be made to the designated individual.
After You File the Sexual Harassment Report
Once a report is made, the employer is required to investigate and mitigate the harassment. The report is crucial since your failure to notify your employer of such sexual harassment may prevent you from seeking recovery for it after you file the charge or lawsuit. Please note that any retaliation as a result of your report is strictly prohibited by Title VII and FEHA, and may end up being a separate cause of action. Accordingly, employees who report sexual harassment in the workplace are safeguarded from any repercussions. In addition, the laws protect employees who participate in sexual harassment or related investigations of the unlawful workplace environment. Each claim stands on its own and therefore even though the claim of workplace harassment may not succeed, the one for retaliation may allow for recovery of wages, emotional distress, and another possible punitive recovery.
Our attorneys can help you each step of the way in stopping unlawful workplace sexual harassment. Under the leadership of Stephen Danz, the attorneys have decades of combined experience in interpreting the events, investigating the claims, what legal options there are, the crafting of the reporting letter and/or complaint, as well as taking the complaint to court to ensure your rights are represented through litigation. We, therefore, recommend that you contact our office at the number below or complete the firm’s online contact form without delay.
Knowledge and Resourcefulness Are Cornerstones of our Practice
Employers may not create an environment that is not secure for a man or a woman. Each employee must be afforded the opportunity to perform his or her work without unjust demands for romantic relationships or communications that interfere with the ability to work. Both the federal Title VII of the Civil Rights Act (“Title VII”) and California’s Fair Employment and Housing Act (“FEHA”) prohibit sexual harassment in the workplace.
Prevailing in California’s court system is contingent on attorney representation, evidence, and the proper implementation of legal strategy. Proper representation achieves maximum results based on the remedies obtained under Title VII and FEHA. Some of these remedies include lost wages, front pay which is pay that will compensate the employee for lost future earnings that would have been earned if he or she was not harassed, reinstatement to the position, attorney’s fees and court costs. In addition, if we can show that the sexual harassment was willful, then your award may include double wage damages and benefit damages.
If any of the above scenarios occurred to you or your colleagues in the workplace, consult with some of the most experienced Fresno Sexual Harassment Lawyers at Stephen Danz and Associates. We have successfully settled or litigated hundreds of cases of sexual harassment. Each individual who contacts us for a free, no-obligation consultation at (877) 789-9707, will be granted ample time to discuss the case as well as fully understand the process. We value our clients and develop a strategy toward success. With the right resources, decades of experience, and the know-how, our firm is prepared to take your age discrimination case seriously, and we are ready and able to negotiate a settlement or take your case to court.
Remedies Are Based on Proper Representation and Accurate Strategy
Success is contingent on the attorney representation. Proper representation achieves maximum results based on the remedies obtained under Title VII and FEHA. Some of these remedies include lost wages, front pay which is pay that will compensate the employee for lost future earnings that would have been earned if he or she was not discriminated against, reinstatement to the position, attorney’s fees and court costs. In addition, if we can show that the sexual harassment was willful, then your award may include double wage damages and benefit damages.
If you were adversely affected by sexual harassment or retaliation at work, contact Fresno area employment discrimination lawyers who specialize in the representation of executives and employees. To discuss your case and explain what we can do for you, speak to our Fresno based employment attorneys today for a free consultation at (877)789-9707.
93715, 93728, 93729
“I would like to thank you for your associate Ely for your kind help, support and extremely detailed insight into my case. Thank you for the referral and for your genuine personal approach to my situation. You have my deepest respect and admiration. He is my favorite lawyer ever yet so far.
– Yulia G.”
Stephen Danz & Associates-Fresno