San Francisco Workplace Sexual Harassment Lawyer

What Is Considered Workplace Sexual Harassment in San Francisco?

Workplace sexual harassment can happen when someone experiences unwanted behavior of a sexual nature that creates a hostile or uncomfortable work environment. This behavior is generally separated into two categories: quid pro quo and hostile work environment. 

Quid pro quo harassment is when a person in power, like a boss or manager, asks for sexual favors in exchange for job benefits or threatens negative consequences for refusing. For example, they might say, "If you don't date me, you won’t get that promotion," or "If you don't go along with this, I’ll cut your hours or give you a demotion." This is illegal, whether or not the victim agrees to the demands.

A hostile work environment occurs when your workplace is burdened with unwelcome sexual behavior or comments that interfere with your job duties. It could be constant inappropriate jokes, offensive pictures, or unwelcome physical contact that makes you feel uncomfortable or unsafe at work.

It’s important to remember that sexual harassment is not limited to only physical contact. Instead, it includes a wide range of actions, including: 

• Comments or jokes about someone’s appearance, body, or sexual activity.
• Inappropriate touching or any form of physical contact that is uncomfortable or violating.
• Sexual advances or requests for sexual favors, especially when they involve threats or promises related to your job.
• Any form of inappropriate communication, whether it be verbal, written, through text, or email. 
• Verbal or physical threats related to your sexual orientation, gender identity, or sexual history.
• Sharing of sexually explicit photos, videos, or messages. 
• Unwanted sexual or romantic gifts.
• Spreading rumors that are sexual in nature.

Remember, sexual harassment doesn’t have to be overt or extreme for it to be harmful. Even subtle behaviors, like inappropriate comments or gestures, can make your work environment unbearable. If you're unsure whether what you're experiencing qualifies as harassment, it's okay to speak up and reach out for legal support. 

At Levin Simes, we know it’s never easy to come forward with sexual harassment claims, especially when you fear your livelihood is on the line. However, our team will be here for you every step of the way, ensuring your job and well-being are secure. Reach out to us online or call (415) 426-3000 today.

What Laws in San Francisco Protect Workers Against Sexual Harassment?

San Francisco laws that protect against sexual harassment are rooted in the Fair Employment and Housing Act (FEHA), along with other state and federal regulations. These laws make it illegal to engage in sexual harassment or any other type of discrimination in the workplace based on your age, race, sexual orientation, gender, or disability. 

Also, under FEHA, employers in San Francisco must act quickly and properly when they are informed of sexual harassment claims. Additionally, FEHA protects employees from retaliation if they report harassment or pursue legal action.

Federal law, specifically Title VII of the Civil Rights Act, also makes sexual harassment in the workplace illegal. The Equal Employment Opportunity Commission (EEOC) handles investigations into sexual harassment claims and can pursue legal action on behalf of victims.

What Does a San Francisco Workplace Sexual Harassment Attorney Do for Your Case?

An employee harassment lawyer plays a crucial role in advocating for your rights and interests if you have experienced sexual harassment at a job site, institution, or workplace where you’re employed. 

The services we provide at Levin Simes can include:

• Legal consultation and case assessment: Our sexual assault and harassment lawyers will start by listening to your story, reviewing any evidence you have, and assessing the merits of your case. They will help you understand your legal rights and options based on the specific harassment you've experienced.
• Guidance in filing complaints: If you have not done so already, your lawyer will assist you in filing a formal complaint with your workplace and other appropriate administrative agencies, such as the Equal Employment Opportunity Commission (EEOC) in the United States. Your lawyer will explain the laws that protect you from workplace harassment, such as the Fair Employment and Housing Act and Title VII of the Civil Rights Act, and inform you about your rights and potential legal remedies.
• Evidence collection and case strategy development: Your lawyer will help gather and organize evidence that supports your harassment claims, such as emails, documents, witness statements, and other relevant information. Based on the details of your case, we will develop a strategic plan of options for you to choose how to proceed. 
• Negotiation: Your attorney will engage with the opposing party, which could be the harasser's employer or the company itself, in negotiations to reach a settlement. We will advocate on your behalf to secure a fair resolution that may include compensation and other remedies.
• Representation: If negotiations don't lead to a satisfactory resolution, your lawyer can represent you in court. With your approval, we will file a lawsuit on your behalf and handle your case through hearings, trial proceedings, and any other legal proceedings that may arise. We do this all while taking steps to protect you from any potential retaliation by your employer or coworkers as a result of your harassment claims.

Throughout the entire process, a San Francisco workplace sexual harassment lawyer from Levin Simes will provide emotional support, help you make informed decisions, and steadily guide you through this experience.

Concerningly, California's sexual harassment rates are higher than the national average. Incidents of harassment in the state are 5% more common for women and 10% more common for men compared to the national figures.

What Kind of Settlement Can a San Francisco Workplace Harassment Attorney Help You Secure?

When you're subjected to harassment, your professional reputation, income, and sense of security are at risk. On top of that, the emotional toll can leave lasting scars, affecting your confidence, mental health, and overall quality of life. No one should have to endure this and you have the right to seek justice alongside compensation to help restore your dignity and financial stability.

Here are some common types of settlements that a San Francisco sexual harassment in the workplace lawyer can help you secure:

• Monetary Compensation: One of the primary goals of a workplace harassment lawsuit is often to secure financial compensation for the employee. This compensation can cover various damages, such as emotional distress, lost wages, medical expenses, and attorney's fees.
• Back Pay and Front Pay: If you've experienced harassment that resulted in job loss or suspension, your lawyer may seek back pay (lost wages from the time of harassment until the settlement) and front pay (anticipated future earnings you would have received if not for the harassment).
• Reinstatement or New Job Position: If your harassment case involves wrongful termination or demotion, your lawyer may seek your reinstatement to your previous position or a similar job position, along with any associated benefits.
• Punitive Damages: In cases of severe or intentional misconduct by the employer or harasser, punitive damages may be sought. These are intended to punish the wrongdoer and deter similar behavior in the future.
• Non-monetary Remedies: Beyond financial compensation, your lawyer may work to secure non-monetary remedies, such as mandatory harassment training for employees, changes to company policies, or the implementation of a more effective reporting and investigation process.

In some cases, a settlement may include a confidentiality clause, which prevents either party from discussing the details of the settlement publicly. This can protect your privacy and reputation. Other potential outcomes could be a public apology from the harasser or the company or a formal acknowledgment of the wrongdoing.

A San Francisco workplace sexual harassment attorney from Levin Simes will work closely with you to understand your specific situation, advise you on the best course of action, and negotiate on your behalf to secure the most appropriate and just settlement.

What helps you also helps others. By taking a stand, you can seek the damages you’re entitled to, and create a path for others to do the same. In fact, your settlement could include provisions to ensure that you and your fellow coworkers are not retaliated against for bringing a harassment complaint or pursuing legal action and prevent future cases of sexual harassment.

Contact Levin Simes online or by calling (415) 426-3000 today to discuss what can be done to create real, lasting benefits.

Contact a San Francisco Workplace Sexual Harassment Law Firm

Despite San Francisco's reputation as a progressive and inclusive city, workplace harassment remains a sad and infuriating reality for many workers. Even in a city known for its diversity and forward-thinking values, individuals still face the damaging effects of harassment in their careers, highlighting the ongoing need for stronger protections and accountability.

Bringing a workplace sexual harassment lawsuit involves navigating complex legal procedures, from correctly filing claims to handling sensitive discussions with your employer. An attorney experienced in workplace harassment can take care of these challenging steps, ensuring that you don’t miss any crucial details and that you feel comfortable. 

Hiring a lawyer can also be one of the most important steps you can take to increase your chance of a successful claim and getting compensation. In fact, a study by Martindale-Nolo revealed that 90% of people with legal representation received a settlement or award, compared to only about half of those who represented themselves.

Overall, a sexual harassment lawyer from Levin Simes is dedicated to ensuring that your rights are upheld and that you receive appropriate remedies for the harm you've experienced. We leverage our legal experience to level the playing field and help you achieve a just resolution to your harassment case.

Proudly Representing San Francisco Residents