What Are the Legal Options for Victims of Sexual Harassment in Orange County, CA?

When you find yourself dealing with sexual harassment, you may feel isolated, angry, or even embarrassed. Being sexually harassed can be a very traumatic experience, and it is important to remember that you are not alone. It’s important for you to document your experience and move forward with legal action against your harasser and possibly your employer as well. You may wonder, “What are the legal options for victims of sexual harassment in Orange County, CA?”

Orange County has very comprehensive sexual harassment laws because of California’s Fair Housing and Employment Act (FEHA). California prohibits discriminatory harassment of any kind in the workplace, regardless of whether or not the harassment is sexual.

What Is Sexual Harassment in Orange County?

Many actions in the workplace may be considered sexual harassment, depending on the situation and the details of your case. Sexual harassment is any unwelcome behavior that offends your dignity, violates your personal space, or makes you feel unsafe because of your sex. This behavior can include sexual assault, sexual jokes, unwanted touching or kissing, pointed sexual conversation, and quid pro quo harassment, which involves a superior trading advancement for sexual favors.

When it happens to you, you may be initially unwilling to come forward with your story. You may have your own reasons for doing so, including fear of retaliation by your employer. You should know that if your employer does end up firing you for making a sexual harassment complaint, it will more than likely be considered wrongful termination. Even though California is an at-will employment state, firing an employee in retaliation is considered illegal.

Legal Options for Sexual Harassment Victims in Orange County

If you ever find yourself victimized by a sexual harasser in Orange County, it is vital that you know what your options for legal recourse are. If you have never been in this situation before, it is understandable that you do not know what to do next. Above all, you should first consider reaching out to an experienced Orange County sexual harassment lawyer who can walk you through your possible options. Here are some of the legal options you may have to hold your harasser accountable:

• Restraining Order: If you have enough documentation to prove your case, you may be able to file a petition in Superior Court to get a legal restraining order against your harasser. A restraining order prevents your harasser from coming near you or your family without swift and severe legal repercussions.
• Civil Claim: A good lawyer can help you make a strong case for financial compensation from your harasser for emotional distress, pain and suffering, lost wages, and more. Ultimately, a victory in civil court would hold your harasser legally accountable for trying to hurt you, and they would have to pay you in money damages.
• Criminal Complaint: At times, harassment is only the beginning of what your harasser intends to do. If left unchecked, the harassment may evolve into something much worse, such as stalking or sexual assault. If you feel things could get out of hand, or if you just want to take preemptive measures, you should consider filing a criminal complaint. This could result in your harasser getting arrested and charged.

FAQs

Q: Can You Press Charges for Sexual Harassment in California?

A: Yes, you can press charges for sexual harassment in California. Sexual harassment is considered a crime, both in civil and criminal court. While you are more than welcome to press charges against your harasser, only the state can actually file criminal charges against them if there is ample evidence to suggest they have committed a crime. That is why it is vital that you document every instance of harassment.

Q: What Are the Options for Sexual Harassment?

A: If you are a victim of sexual harassment, you have some options for what to do next. Make sure you document all incidents of harassment, then report it to your employer. You should report it to either your direct supervisor or your HR department, depending on your company’s protocols. You can also contact the Equal Employment Opportunity Commission (EEOC) and inform them of your situation. They may take action on your behalf. The contact number for the EEOC is (800) 669-4000.

Q: How Much Can You Get in a Sexual Harassment Case in California?

A: The amount you may receive in a sexual harassment settlement in California is entirely dependent on the details of your case, such as the severity of the harassment, the strength of your evidence, and whether or not things have escalated beyond harassment. A settlement can include financial damages for lost wages, emotional distress, and even punitive damages in certain cases. An experienced lawyer can help you determine how much you should ask for.

Q: Can I Claim Emotional Distress in a Sexual Harassment Case in California?

A: Yes, you can claim emotional distress in a sexual harassment case in California. Dealing with sexual harassment can be one of the most emotionally distressing employment situations to be in. It is not unreasonable to seek additional compensation for the emotional damage that this traumatic situation has caused you. Your lawyer can help you build a strong case and argue for why you deserve damages for emotional distress.

Reach Out to a Sexual Harassment Lawyer Today

If you are dealing with the fallout from a sexual harassment incident, it is vital that you document everything you can and bring your evidence to an experienced lawyer. Your lawyer may advise you to report your harassment to your company and possibly take legal action against your harasser in civil court for financial compensation. No one should have to endure harassment in the workplace. Taking action to protect yourself is justified.

The legal team at Kramer Brown Hui LLP can assist you in understanding all of your legal options. We can help gather evidence, present a strong case, and make sure your interests are protected. Contact us to schedule a consultation with a team member.

See Related Posts:

• How to Prove Sexual Harassment in the Workplace
• Know Your Rights: Sexual Orientation Discrimination