Unfortunately, sexual harassment in the workplace is not uncommon. Almost one in four women have experienced it, and worryingly, 46 percent of employees fear retaliation for speaking up.

If you have been on the receiving end of sexually harassing behavior, there is hope. An employment lawyer can help you fight the harasser and claim the damages you are owed.

What types of workplace sexual harassment can a lawyer help you fight?

In the state of California, employment lawyers can help employees secure compensation for two types of workplace sexual harassment.

• ‘Quid pro quo’ sexual harassment – This involves a supervisor asking for sexual favors in exchange for on-the-job benefits, such as a bonus, promotion, or preferred assignment. Quid pro quo also includes situations where refusal of sexual conduct results in adverse professional outcomes. For example, a supervisor may threaten to fire an employee or not hire a job applicant.
• ‘Hostile work environment’ harassment – This occurs when unwanted sexual advances, conduct, or comments are so pervasive or so disturbing that they alter the work environment for the victim, making it difficult or impossible to be productive.
  
  

Quid pro quo sexual harassment requires a power imbalance and therefore is typically perpetrated by managers, supervisors, bosses, executives, and company owners. In contrast, sexual harassment that constitutes a hostile work environment can be committed by any person in the workplace, including co-workers, customers, unpaid interns, job applicants, vendors, and independent contractors.

The person behind the harassment can play a role in determining the outcome. For example, in most cases, victims have a better chance of holding a company accountable for harassment committed by employees compared to non-employees. Contact us to discuss how this relates to the unique specifics of your case.

Are you responsible for proving the harassment? Does a lawyer help you gather evidence?

When filing a workplace sexual harassment claim, you are responsible for proving that it happened. In other words, the burden of proof is on you.

To prove quid pro quo harassment, you will need to demonstrate the following:

• You were employed by, applied for a job with, or provided professional services to the defendant.
• A manager, supervisor, or someone else working for the defendant committed unwelcome sexual advances.
• The harasser offered a benefit or favorable working condition in exchange for compliance with the unwelcome sexual advances. This was either insinuated or communicated explicitly verbally, via email, or through text.
• You were harmed as a result of the harassment.

According to amendments made to FEHA in 2018, you may not have to prove that your productivity suffered significantly. This used to be the case. Now, however, you do not have to show that your “tangible productivity has declined as a result of the harassment.”

Instead, you have to prove that the harassment made your duties more difficult to complete.

The good news is, an employment lawyer can help you source, gather, and organize evidence to support your case. For example, they might request email communications and speak with colleagues and other people who may have witnessed the harassment. A lawyer can also uncover repeated harassment — sometimes, a supervisor that perpetrates quid pro quo sexual harassment with one employee does the same to other employees.

Can a lawyer help me file a claim against my employer?

Yes. If you have been sexually harassed in your workplace, you may have a viable claim. It doesn’t matter what your gender, race, or religion is. It does not matter if the perpetrator was the same or a different gender from your own. You have the right to feel safe in your workplace, and sexual harassment is not conducive to a happy, healthy, and productive environment.

Wait. I waive my rights in my employment contract. Can I still file a claim?

We hear you. If the employment contract you signed included a clause that waived your rights to sue your employer, you can still file a sexual harassment claim. This California law was introduced in 2018 and ensures employers cannot be released for liability for harassing behavior in exchange for a bonus, raise, or new or continued employment. This applies even if your contract states otherwise.

What damages can an employment lawyer help me recover?

The effects of workplace sexual harassment can be life-changing. The victim may lose wages and experience ill health in the short term. In some cases, they may end up unemployed. In the longer term, this can lead to financial and relationship strain. That is why securing the monetary compensation you are entitled to can make all the difference as you move forward.

A lawyer can help you recover different types of damages in a sexual harassment lawsuit, including:

• Back and front pay
• Mental anguish
• Loss of reputation
• Pain and suffering

In addition, if you win your lawsuit, the court may award you the following:

• Attorney’s fees
• Court expenses
• Punitive damages
• Expert witness fees

If a settlement is reached, it cannot include a gag provision , either. This law only came into effect on January 1, 2019.