San Jose Sexual Harassment Lawyer

San Jose Sexual Harassment Attorney

The professional environment for many workers in San Jose is not just about innovation or productivity. It also requires navigating power discrepancies, inappropriate behaviors, and silence when it comes to sexual harassment. If you or someone you know is dealing with harassment at work, a skilled San Jose sexual harassment lawyer from Sexual Harassment Law Firm CA can help you understand what your rights are and help you to take action to reinstate justice at work.

Women’s Well-Being in Silicon Valley

Santa Clara County is home to both San Jose and the heart of Silicon Valley, with a score of 64.5 on the California Women’s Well-Being Index, ranking it 7th statewide. These numbers are fairly positive when it comes to understanding life and work for women in the region. However, there are still many individuals who have to deal with sexual misconduct – especially in industries where factors like status, power, and fear of retaliation can hinder someone from taking action.

Santa Clara County reports 101 sexual assaults, 670 domestic violence-related calls for help, and 120 hospital visits per year per 100,000 females. These figures show that people in San Jose are still constantly having to deal with high risks of danger, both in public and at home, with workplace harassment being part of the bigger picture.

Retail chains, tech startups, government offices, and healthcare providers in the San Jose area are not immune to these challenges – which can have an aggravated impact if employers ignore reports or fail to take action.

What California Employers Are Required to Do

The Fair Employment and Housing Act (FEHA) makes it a requirement for California employers to proactively prevent and correct sexual harassment from happening in the workplace. This means that they must provide harassment prevention training for all of their staff, immediately carry out any investigations into reported incidents, have clear, written policies against sexual harassment and workplace retaliation, and provide multiple reporting pathways for victims.

If you are dealing with that harassment in San Jose, your employer did not meet these standards, you could be eligible to file a lawsuit or complaint.

Seeking Justice in San Jose

It’s not always obvious when sexual harassment in the workplace occurs – and it can take on many forms, from visual to physical and verbal to digital. Actions become illegal when they are linked to employment, creating a hostile work environment, or are unwelcome. From repeated lewd conduct to a one-time severe instance of sexual assault, you have a right to file a claim and pursue justice in your workplace.

The dedicated legal team at Sexual Harassment Law Firm CA believes that you have a right to go to work without fear of shame, silence, or coercion and is, therefore, here to empower you to exercise your rights under the law. From collecting evidence to filing a claim, we can help you take action.

We are familiar with both California law sexual harassment law and the local legal system and can help you navigate a potential lawsuit at the Civil Division of the Superior Court of California, County of Santa Clara.

FAQs

Is One Incident of Harassment Enough for a Lawsuit?

Yes, one incident of harassment alone may be enough for a claim, depending on the severity. For example, groping or sexual assault could be enough to form the basis of a legal claim under California law. While in many cases, it may require repeated actions, some acts may be considered so severe by the courts that one incident alone could lead to an unlawful or hostile work environment. Talk to an attorney to see about your experience.

Does Harassment Have to Be Sexual in Nature to Be Illegal?

No, harassment does not always have to be sexual in nature to be considered illegal. Before the law, any harassment that is based on gender, gender expression, sexual orientation, or gender identity can still be considered unlawful and discriminatory. For example, under the Fair Employment and Housing Act, using degrading comments towards someone because they are transgender or making misogynistic jokes can be considered illegal.

What Agencies Handle Sexual Harassment Complaints in California?

Agencies in California that handle sexual harassment complaints in the state or the Civil Rights Department (CRD) and the U.S. Equal Employment Opportunity Commission (EEOC). The CRD is in charge of handling most workplace harassment claims, while the EEOC deals with federal claims. Depending on the nature of your case, you may be able to go through either agency. A dedicated attorney can help you understand which process may be right for you.

Can Independent Contractors File a Sexual Harassment Claim?

Yes, independent contractors can file a sexual harassment claim under California law. This is because state legislation extends protections beyond just full-time employees to encompass individuals like part-time workers, volunteers, interns, and contractors. If you’ve experienced harassment while working for someone, you should talk with an experienced lawyer to understand whether you may be eligible to file a claim and pursue justice.

What if the Harasser Is a Client or Vendor, Not an Employee?

If the harasser is a client or vendor and not an employee, an employer may still be responsible for the situation. This is because, under California law, they have a mandate to prevent harassment by non-employees, such as third parties like vendors, clients, and customers. If your employer reasonably should have known or knew about the harassment instance and failed to take action, they could be held liable for negligence.

You Are Not Alone – Schedule Your Free Legal Review Now

At Sexual Harassment Law Firm CAs, a dedicated San Jose sexual harassment legal team only defends individuals who have experienced workplace harassment. You will never find us taking the side of the employer or harasser. Therefore, you can trust us to provide a safe and confidential environment where we can discuss your case details and help you understand whether you have a claim. Contact us today to see if your experience qualifies as harassment and pursue the justice you deserve.